Federal Drug Charges

If you have been charged with a Federal drug crime, contact a criminal defense attorney as soon as possible. As soon as you are aware that you are under investigation involving a Federal drug crime or you have been placed under arrest, you should obtain legal representation by contacting experienced criminal defense lawyer.

Regulation of Controlled Substances

The Controlled Substances Act (otherwise known as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970) classifies drugs into five Schedules based on their potential for abuse and addiction. The most addictive drugs are at schedule I classification and the addiction level lowers with each schedule level. The Drug Enforcement Administration (DEA) and the Food and Drug Administration (FDA) are in charge of deciding which drugs are added or removed from the schedules. Examples of some schedule I drugs include heroine, peyote, and mescaline. Some schedule II drugs include cocaine, opium, morphine, methylphenidate (Ridalin & Concerta) and dexmethylphenidate (Focalin).
Federal Drug Offenses

Drug trafficking is defined as manufacturing, distributing or possessing with the intent to distribute illicit drugs.
Simple drug possession is defined as possessing controlled substances without a valid prescription from a licensed medical practitioner. Unlike trafficking, simple possession does not involve intent to distribute the drugs.

Manufacturing is defined as operating places for the purposes of manufacturing, distributing, or using illicit drugs, or endangering human life while so doing.

Conspiracy involves attempts and the promoting and facilitating of manufacture, distribution, or importation of illicit drugs.

Protected location offenses are defined as distributing illicit drugs to persons under age 21, within a school or playground zone, and employing persons under age 18 in drug operations.

Continuing criminal enterprise crimes is defined as trafficking in illicit drugs by a person in concert with 5 or more other persons.

Sentencing under Federal Drug Laws

Federal drug laws specify the minimum and maximum terms of imprisonment based on the type and quantity of drug(s) involved. Other factors that influence federal drug sentencing are: whether the defendant used or possessed a weapon, whether there was injury upon another person or persons, and the defendant’s criminal history. Penalties are more severe in school zones and other protected locations. First-time offenders of Federal drug crimes may face minimum sentences of 10 years, 20 years, or life in prison without probation or parole.

• 1st degree crime: 10-20 years in prison
• 2nd degree crime: 5-10 years in prison
• 3rd degree crime: 3-5 years in prison
• 4th degree crime: up to 18 months in prison
• Disorderly person crime: up to 6 months in jail

These sentences can be greatly increased by other criminal acts in addition to a federal drug charge, not to mention the heavy fines for convicted drug offenders.

The Role of Your Criminal Defense Attorney

If you are accused of a federal drug crime, you will be tried by grand jury indictment. The U.S. Attorney’s office will present incriminating evidence to a grand jury, which may last from weeks to months or even years, depending on the complexity of the case. Hiring the right criminal defense attorney may shorten the duration of the trial and lessen the penalties incurred for the crime.

Your defense attorney will protect your constitutional rights. Prior to formal charges, your criminal defense attorney will advise you about your testimony or cooperation with investigators, make his own investigation of the facts and charges against you, and monitor the investigation and the grand jury testimony , and clarify your position in the indictment (whether you are a witness, target, or subject of interest in the investigation). The earlier you hire professional legal counsel, the better off you will be.

Depending on your unique case, the defense team may attack the charges by proving that the testimony is flawed, prove an unlawful search and seizure (thus throwing any evidence obtained in this manner out of court), or work with the federal government to drop the charges in exchange for cooperation in the investigation of a larger drug operation.