The Challenges Of Facing Federal Drug Charges

Drug charges can be uniquely challenging for defendants, as they are considered both state and federal crimes. This means that any drug charge, whether for possession of marijuana or sale of cocaine, can escalate to the federal level depending on the circumstances.

Unfortunately, defendants rarely know how their case will be handled or in which court. In some situations, a state case may be transferred to the federal system. Once at the federal level, defendants tend to face harsher prosecution in addition to steeper penalties.

Federal Drug Schedule And Potential Penalties

The penalties associated with federal drug crimes are based on the schedule of the drug and the amount found in your possession. The schedule is as follows:

• Schedule I drugs include heroin, methamphetamines and cocaine
• Schedule II drugs include morphine and opium
• Schedule III drugs include LSD and anabolic steroids
• Schedule IV & V drugs often include prescription medications

Depending on the circumstances, you could face anything from a misdemeanor charge to a felony that could result in years in prison. In addition to a prison sentence, you could face steep fines and court fees.

We Put Together A Strong Defense

Whether your case is initiated by federal agents or transferred to the federal system, you may find that a case has already been built against you. Charges may include the most severe consequences in order to seek a plea deal that may not lead to a good outcome for you.

At Kammen & Moudy, LLC, we know how intimidating criminal drug charges can be and how worried you may feel to face them. With an attorney from our firm, you can rest assured you are not going at this alone. We will work hard to secure an outcome that truly has your best interests in mind.

If we cannot resolve your case outside the courtroom, we are not afraid to take your case to trial where we will aggressively advocate on your behalf while also protecting your rights and future freedoms.

Frequently Asked Questions About Drug Charges

If you’re facing federal drug charges, you may have many questions, and our firm is here to provide answers:

What constitutes a federal drug crime?

Whether the state or federal government has jurisdiction often depends on where the crime occurred. For instance, if it was on government property, then it may be a federal crime. The same is true if the alleged criminal activity crossed state lines. This is why drug trafficking is one of the most common federal drug crimes. If drugs are manufactured in one state and then transported for sale in another state, the federal government takes jurisdiction. In some cases, the federal government will be more involved with crimes that are considered more severe, such as those involving very large amounts of illegal substances or firearms, as opposed to relatively minor crimes like drug possession.

How do federal drug charges differ from state drug charges?

Federal drug charges often have a wider scope or involve large-scale operations, such as drug trafficking. In many cases, federal sentencing comes with a strict set of rules and more significant ramifications. A federal conviction could lead to higher fines and longer prison terms.

What are the penalties for trafficking controlled substances at the federal level?

The penalties depend on numerous factors, including the schedule of the drug involved, the quantity of drugs that were found and whether or not you have previous convictions on your record. For instance, a first offense for under 5,000 grams of cocaine, a Schedule II substance, often leads to a prison term of five to 40 years. A second offense has a mandatory minimum of 10 years. If someone has more than five kilograms of cocaine, then the first offense has a mandatory minimum of 10 years, and a second has a minimum of 20 years. A third offense could lead to life in prison.

What defenses are available for those accused of federal drug crimes?

There are many potential defenses depending on the nature of the case, and our team will help you explore yours carefully. In some cases, you may seek to have the charges reduced. Perhaps you dispute the quantity of drugs that were found or the classification and which schedule those drugs fall under. In other cases, you may have an alibi showing that you were not involved in the illegal activity. Furthermore, your defense could revolve around mistakes made by the police, such as if they found evidence by conducting an illegal search of your home without first obtaining your consent or a search warrant.

How do the amount and type of drug influence federal sentencing?

The type of drug can influence federal sentencing because drugs are categorized into different classes or schedules. This is often determined based on the potential risk of the substance, along with its addictive nature. A Schedule I drug like heroin or LSD will typically come with a more severe sentence than a Schedule IV drug like Xanax or Tramadol.

The amount of drug can influence the sentencing because it can potentially change the charges. In some cases, there are mandatory minimum sentences based on the amount of a substance a person is accused of having. In other cases, a small amount of a substance could lead to possession charges, while a large amount could lead to drug trafficking or intent to distribute charges.

Can charges be reduced from a federal level to a state level?

This can happen in some cases, though not all. Prosecutors and defense attorneys will sometimes negotiate for a reduction, or the charges may change. For instance, if you’re charged with intent to distribute but can show you did not have enough of a substance to trigger those charges, then it may be reduced to a possession charge. Every case is unique; our team can help you explore your options.

What factors classify a drug crime as a federal offense?

The nature of the crime plays a role. Often, a simple possession charge is going to be tried at the state level, whereas drug manufacture or transportation may be tried at the federal level. It also depends on which entity has jurisdiction. For example, crossing state lines with illegal drugs means that the federal government has jurisdiction, rather than the state.

How do prior convictions impact sentencing in federal drug cases?

Sentences tend to escalate for subsequent offenses. This means that prior convictions can have a major impact on the sentencing guidelines used in a federal case. For instance, in some cases, three times the usual penalty will be applied if the person is a repeat offender. A first offense may carry a minimum sentence of three years, but someone who has prior convictions could be facing a minimum sentence of nine years.

What is a mandatory minimum sentence, and how does it apply to federal drug offenses?

Mandatory minimum sentences are legally required prison terms that judges must impose for specific federal drug crimes, regardless of individual circumstances. These sentences remove judicial sentencing discretion and apply sentences based on the type and quantity of controlled substances involved. For example, trafficking five grams of crack cocaine or 500 grams of powder cocaine triggers a five-year mandatory minimum for first-time offenders. Larger quantities may introduce 10-year minimums, while repeat offenders face even harsher consequences. 

What legal rights do I have if I’m accused of a federal drug crime?

You retain fundamental constitutional protections throughout federal criminal proceedings. These important rights include:

• The right to remain silent and avoid self-incrimination during questioning
• The right to legal representation at all stages of your case
• The right to have an attorney appointed if you cannot afford one
• The right to a speedy trial and to confront witnesses against you
• The right to present your own defense and call witnesses

During police interactions, you can refuse to answer questions without an attorney present and decline consent for searches of your property, vehicle or person. Your protections remain in effect throughout the entire legal process.

What is asset forfeiture, and how might it affect my federal drug case?

Asset forfeiture allows the government to seize property connected to drug crimes, even before conviction. This includes cash, vehicles, real estate, bank accounts and personal belongings prosecutors claim were used in or purchased with proceeds from drug activities. Civil forfeiture proceedings operate separately from criminal cases, meaning the government can take your property even if criminal charges are dropped or dismissed. Property owners must prove assets were not connected to illegal activity to recover seized items.

What are the consequences of a federal drug conviction beyond imprisonment?

Federal drug convictions create lasting consequences that extend far beyond prison time. These long-term impacts include:

• Loss of eligibility for federal benefits, including student financial aid and food stamps
• Revocation or denial of professional licenses in healthcare, law, education and finance
• Immigration consequences potentially leading to deportation for noncitizens
• Limited employment opportunities due to background check restrictions
• Permanent loss of voting rights and firearm ownership privileges

Additionally, you may face restrictions on public housing assistance and other government programs that can affect your ability to rebuild your life after serving your sentence.

If you have further questions, we would be happy to answer them at a consultation.

Schedule A Free Consultation

If you’re facing federal drug charges, don’t hesitate to take action. Contact our firm online or call our Indianapolis office at 317-759-7814 to make an appointment with one of our experienced lawyers. We offer free initial consultations to residents in Marion County, the surrounding suburbs and throughout Indiana.