A federal drug charge will lead to a tough prosecution and heavy penalties if convicted.
Both the state of North Carolina and the Federal Government have laws that make the possession, sale, or production of drugs illegal. Ultimately, however, federal law supersedes state law. If a federal prosecutor wants to try a drug case in federal court rather than having the state try it, they can. The Controlled Substances Act (CSA) allows the federal government this power.
Certain drug crimes are automatically federal drug crimes. When a drug crime occurs on federal property, whether it’s a military base or a national park, it is a federal drug crime and will be tried as such. If a drug crime involves crossing state borders, it will also be tried as a federal drug crime.
Mandatory minimum sentencing for federal drug crimes can lead to long sentences for first-time offenders, despite their lack of previous criminal convictions. This is because there are mandated statutory minimums for every crime, and the government can “stack” your charges on top of each other. For example: Under N.C. G.S. 90-95 (h), if a person is convicted of trafficking 10-50 pounds of marijuana, that is a 25 month sentence. If they are convicted of that twice in the same event, it could be a 50 month sentence. A strong defense can go a long way towards minimizing sentences, and Dobson Law would like to help you in that.
There are many different types of Federal Drug Charges:
A charge of simple possession occurs when a police officer or federal agent catches an individual in possession of a small amount of drugs. At the federal level, the length of the mandatory minimum sentence depends on the type of drug and the amount found on the person. Penalties increase after the first offense.
Possession With Intent to Distribute
If an individual is found to have a large quantity of drugs, drugs that have been packaged for sale, or items that are used in the sale of drugs (such as a drug scale and baggies), they may be charged with Possession With Intent to Distribute.
Trafficking or Distribution
The transport, sale, or smuggling of illegal drugs or the illegal distribution of prescription drugs is a felony. Sentencing will depend on the type of substance involved, the amount involved, where they were being distributed, and more.
A manufacturing charge can cover the sale of equipment used to make drugs, the sale of chemicals used to make illegal drugs and assisting in the process of making illegal drugs. The type of drug being manufactured, the amount of illicit drugs being manufactured, and the location of the drugs being manufactured can all impact the sentence of an individual convicted of manufacturing illegal substances.
Dobson Law is here to help you. Call us for a free consultation today at 919-591-2240