Federal drug crimes are serious charges that involve larger amounts of controlled substances and multiple areas of jurisdiction. As such, a conviction for a federal drug crime can accompany severe penalties, including life in prison.
However, there are a number of ways to mitigate sentencing in these types of cases. Retaining an aggressive drug crime attorney is the best way to counteract charges when the stakes are high. A knowledgeable legal professional can protect against constitutional violations during an investigation and prepare someone one what to expect when facing federal drug crime charges in Charleston.
Common Federal Drug Cases
Federal drug cases are typically investigated by either the FBI or the Drug Enforcement Agency. The most common charges include conspiracy and possession with intent to distribute. Someone under federal investigation could be charged with intent to distribute for a substantive count of possession of any kind of illegal drug, be it methamphetamine, heroin, fentanyl, or marijuana. Possession charges often accompany accounts of conspiracy, meaning that the accused has coordinated with someone else to engage in illegal drug activity.
Evidence in federal drug cases usually stems from the investigation by the lead agency and witnesses or confidential informants. Many federal cases involve witnesses who decide to cooperate with the FBI or DEA. When someone is charged with a federal drug crime, they should immediately contact a local attorney who can advise them on whether they should consider cooperating with the government.
Difference Between Federal and State Drug Offenses
Drug cases typically become federal when somebody crosses jurisdictional lines. If a defendant in Charleston is receiving drugs from Atlanta, that could constitute a federal drug crime because it involves the movement of illegal substances across state lines. However, low-level street users are not usually targeted in federal investigations. The federal government is primarily focused on preventing large-scale distribution of narcotics and the movement of drug cartels into the country.
Because of the larger scope of federal cases, the accompanying charges can be much more serious than crimes charged at the state level. There are many mandatory minimum sentences in federal court for drug cases. During federal drug crime cases in Charleston, it can be expected to see somebody involved in the drug trafficking trade facing a potential life sentence.
Federal Drug Convictions and Sentencing
Penalties in federal drug cases are guided by the weight of the drugs and the defendant’s prior criminal history. Conviction carries significant long-term consequences, and penalties could include:
- Lengthy or lifelong incarceration
- Loss of voting rights
- Loss of the right to carry a firearm
- Immigration consequences
Those who have prior convictions for federal drug crimes should expect higher sentences than those without a criminal history of drug trafficking. However, a dedicated attorney could mitigate penalties by highlighting the context of the crime. For example, if the legal defense can convince a judge that a defendant is nonviolent and only engaged in illegal activity to provide for their family, they may face lower penalties. Building a strong defense early on with a local attorney is critical in any federal drug case.
Common Defenses and Constitutional Violations
Developing a defense strategy for federal drug charges often begins with a lawyer researching what the government’s case is against their client. A skilled defense team may want to fully understand what the government is alleging before conducting a counter-investigation to search for potential defenses in the area. There may be additional witnesses who have not been investigated by the government and who may have relevant information for the case.
Many federal drug investigations also have constitutional issues, which a defense attorney could identify to challenge the prosecution’s evidence and unravel their case. Some common violations involve search and seizure, where search warrants and GPS tracking systems may have been used improperly. The defense may also look into constitutional issues in the execution of giving statements, complying with Miranda rights, and using informants. There are many legal nuances that a lawyer may be expected to use to protect a defendant’s rights in a federal drug case.
Ask a Charleston Attorney for More Information on Federal Drug Cases
When facing federal charges, the value of a knowledgeable and experienced attorney cannot be overstated. Drug charges of this severity typically come with significant jail sentences, and an aggressive strategy is necessary to challenge the government’s case against you.
If you are under investigation or are facing charges for federal drug crimes, a lawyer in Charleston could prepare you on what to expect throughout your case. When the stakes are this high, you need a capable and trusted legal defense. Call today to speak with a federal drug crime attorney about your case.
