A federal drug charge is a serious criminal matter. Crimes under federal law can carry greater punishment than under state law, with numerous sentence enhancing factors and no possibility of parole. They require a great deal of review and preparation. This article will look at the types of drugs and criminal activities subject to federal prosecution, the possible punishment, and ways to challenge or resolve a federal drug charge.
Drug crimes are serious offenses that have varying degrees of punishment. One of the most serious drug crimes, which holds a serious punishment, is drug possession for sale, or drug dealing. This occurs when an individual has large amounts of an illegal drug in his or her possession.
The prosecutor must also establish that the offender shifted or assisted in the shift of a drug to a different person. Frequently, this evidence is established through an programs by the arrested or the testimony of an undercover narcotics agent that took part in or was present for the drug deal. Government entities might also rely on the testimony of an undercover confidential informant for this testimony. When anyone have also been arrested for a drug or narcotics crime, call an experienced defense attorney as soon as you can.
The two primary factors are the conduct associated with the offense and the defendant’s prior criminal history, if any. Once the offense level and prior history are determined, the defendant’s sentencing range can be established. His or her sentence will be set within this range, and there is discretion for the judge to go higher or lower in the range based on numerous factors such as the location of the offense, whether a firearm was involved, and whether anyone was injured. An accused may be eligible for a lesser sentence based on their cooperation with the government.
Offenders found trafficking in a Schedule III controlled substance (e.g. Amphetamines and hallucinogens) are liable for either an indictable offense with a maximum penalty of 10 years in jail or summary offense with a maximum penalty of 18 months in jail.