Just as drugs have the potential to destroy lives, so do penalties for federal drug crime convictions. Your best chance at dropped charges or a negotiated sentence is with an experienced federal crimes attorney. Lawyers with experience know the ins and outs of drug-related cases and how best to prepare an effective defense.
Marcilliat & Mills PLLC, has years of success defending clients up against severe drug crime charges. If there is an opportunity to protect your future, we will find it.
What Are The Differences Between State And Federal Drug Crimes
The differences between state and federal drug crimes are immense. In fact, federal drug crimes have an entirely different justice system. You stand little chance of avoiding harsh mandatory sentences without having a defense lawyer who understands the various rules for grand juries, discovery and filing deadlines at the federal level.
Speaking of marijuana, that is another major difference between state and federal drug laws. While many states are eliminating or relaxing the laws around marijuana, it remains illegal at the federal level.
We handle all types of federal drug cases, including those stemming from charges of:
- Possession of a controlled substance with intent to sell or distribute
- Drug trafficking and related money laundering
- Possession of a firearm in connection with a federal drug offense
- Conspiracy to distribute narcotics
These charges can involve a wide range of drugs including marijuana, opiates, MDMA, cocaine base (crack), cocaine, methamphetamines, prescription drugs, heroin and more. No matter the drugs involved, you can turn to our experienced defense lawyers for the strong representation you need.
What Makes a Drug Case Federal Instead of State?
Not every drug case is charged at the state level. In some cases, these charges will be handled by the federal government instead.
Federal Jurisdiction vs. State Court
A case becomes federal when the U.S. government has legal authority to prosecute it instead of the state. That can happen when drugs cross state lines, when the conduct affects interstate commerce, or when the case involves a federal property, federal investigation, or federal program. Large quantities also tend to draw federal attention because prosecutors may view the case as trafficking rather than simple possession. In other words, the bigger the operation and the wider the reach, the more likely it is that a case will be prosecuted federally.
How Federal Investigations Usually Begin
Most federal drug cases have started long before a person is actually arrested. Law enforcement agents often use surveillance, controlled buys, phone records, wiretaps, or confidential informants to build the case without the potential defendant even knowing that this is happening.
By the time charges are filed, federal agents may already have months, or even years, of evidence. That is why federal drug arrests can feel sudden to the person being arrested. However, what feels like a surprise arrest is almost always the result of careful planning from law enforcement and prosecutors.
If your case has federal involvement, timing matters. The sooner a defense lawyer gets involved, the sooner someone can start reviewing how the case was built and what potential defenses may exist.
What Happens After You’re Charged With a Federal Drug Crime?
A federal drug charge can move faster than many people expect. The government may already have been investigating the case for weeks or even months before the charge was filed. Once the case starts, there are deadlines, hearings, and decisions that can affect your freedom right away. That is why it helps to understand the process.
Arrest Or Indictment
In some federal drug cases, the charges begin with an indictment from the grand jury. This means the prosecutor has already presented certain facts and evidence to a group of people who have decided there is enough for the case to move forward against you. You will not have been present in the grand jury proceedings and likely wouldn’t have even known they were going on.
In other cases, a person may be arrested first and then charged shortly after. Either way, federal prosecutors usually do not file these cases without building a case first.
Initial Appearance And Detention Hearing
After you’re officially charged, you will have your first court appearance, usually pretty quickly. At this point, the judge will tell you what you’re charged with and explain your rights, like the right to have an attorney if you can’t afford one.
The court will also decide if bail is awarded or if you will be remanded in custody during the case. In a federal drug case, detention is a real possibility, especially if the government argues that you are a flight risk or a danger to the community.
Discovery And Review Of Evidence
After these initial hearings, the case continues, and your attorney starts reviewing evidence and engaging in the discovery process. In a federal drug case, it can include lab reports, surveillance, phone records, search warrants, witness statements, and reports from federal agents.
Plea Negotiations Or Trial Preparation
Your lawyer will most likely engage in plea negotiations with the prosecutor, which is a common way for criminal matters to be resolved. The ultimate choice is yours whether you want to take a plea deal or go to trial.
If the case goes to trial, both sides prepare the case and present it in front of the judge (and jury, if applicable).
Sentencing If There Is A Conviction
If there is a conviction, the case moves to sentencing. The judge may look at the type of drug, the amount involved, prior history, and other facts that affect the sentence. Federal sentencing can include prison time, supervised release, fines, and other conditions.
Penalties Structure For Federal Drug Crimes Convictions
Most people understand that a criminal conviction can result in incarceration and fines. Unfortunately, they often overlook the collateral consequences of a criminal conviction. Having a criminal record can result in the loss of professional licenses for teaching and other licensed professions, limit volunteer opportunities, and haunt you every time you are subjected to a background check for employment or housing. A criminal conviction is the terrible gift that keeps on giving.
Mandatory sentences are part of the federal sentencing guidelines. This means there is little to no wiggle room; if you are convicted, you are going to be subjected to penalties such as crushing fines and prison time. Whether you’re a defendant in a case involving marijuana, methamphetamines or opiates, not just any criminal defense lawyer will do. You need a lawyer who has had success at the federal level.
The only sure way to avoid a mandatory sentence in a federal drug case is to avoid getting convicted on federal drug charges. A possible way to avoid a mandatory minimum sentence is to enter plea negotiations with the federal prosecutors. Either of these approaches will necessitate having an experienced federal defense lawyer handling your case. Now is not the time to attempt a do-it-yourself defense. Even seasoned criminal defense lawyers can have trouble with the intricacies of federal court when they do not regularly practice in that setting.
At Marcilliat & Mills PLLC, we are led by a proven defense lawyer with a track record of success in drug cases and federal criminal cases. You can rely on us to pursue the best possible outcome for you, whether that means entering into a plea agreement or defending you at trial. We will inform you of your options and set your mind at ease as we pursue a result that limits your exposure to harsh mandatory sentences as well as the collateral consequences of a criminal conviction.
Comprehensive Legal Services In Wilmington For Federal Drug Charges
Drug crimes classified as federal crimes have a higher chance of harsher sentencing due to federal mandates. Such crimes include drug trafficking, drug manufacturing, regular drug distribution crimes and possession with the intent to sell.
Attorneys at Marcilliat & Mills PLLC understand what the other side will bring to their approach in federal court. What’s more, the finer details in these situations can make a big difference in sentencing. Having defended clients in an array of criminal defense cases involving controlled substances, we know what it takes to thoroughly investigate and hunt for the game-changing evidence.
Learn More About Our Federal Criminal Defense Practice In Wilmington
Where To Find The Best Defense In Wilmington For Federal Drug Crimes
Don’t make the mistake of assuming things will simply work out. They won’t work out unless you have an attorney working to protect your rights and your reputation from damaging federal drug charges.
In Wilmington there is no need to look any further than Marcilliat & Mills PLLC, for the skilled representation you need. Our team has successfully defended clients across the state of North Carolina in state and federal cases. Protect your future today by calling 919-838-6643 for a free consultation.