Being charged with a drug crime is stressful under any circumstances, but especially if the charges you are facing fall under federal jurisdiction. Conviction of a federal drug crime can result in substantial periods of incarceration as well as the loss of certain rights.
Fortunately, an Alameda County federal drug lawyer could help. If you are facing federal charges in California, do not hesitate to speak to an experienced defense attorney.
Drug Crimes That Fall Under Federal Jurisdiction
The federal government has jurisdiction over the individual and there are a couple of different acts that can make that possible. The federal RICO act covers racketeering, gambling, and drug distribution. If a person is bringing narcotics into the United States at any point of entry, crossing state lines with an illegal substance, or violating the RICO act would make a case to federal drug case.
Why Are Federal Drug Charges More Serious Than State Drug Offenses?
One reason why federal drug charges are often seen as more serious is that the sentencing guidelines are set. This means when people are convicted of any federal crime, including a federal drug crime, the sentencing judge is calculating a number for them based on several different criteria.
Federal court looks at the defendant’s criminal history, whether the individual was a major or minor participant in the offense, their cooperation with law enforcement, and early resolution efforts to determine the sentencing guideline. The court is looking for any aggravating and mitigating factors relating to the crime.
After the court tallies the scores, they get a number that correlates to a federal sentence range, and the judge has discretion to sentence the defendant within that range. The only way that a defendant’s sentenced would get overturned would be if the court committed some type of error. Typically, those errors are reviewed for abuse of discretion which is a very high standard, making it difficult to win those claims on appeal.
Another reason federal charges are more serious, they result from more severe conduct. Whereas in state court, a person might be charged with simple possession, the federal government is probably not going to go after someone for personal possession. The federal government is far more interested in handling more serious drug offenders. A conviction for a federal drug crime results in harsher penalties, so it is vital to seek guidance from an Alameda County lawyer with experience handling these types of cases.
Potential Mitigating Factors
Minor role reduction is designed to lessen the punishment for defendants who are being used as drug mules by big drug cartels. The court will take two or three points off of their federal guidelines calculations, if the defendant’s local defense attorney is successful in arguing that they only played a minor role in the drug offense.
Another factor that the court might consider when deciding whether a defendant’s role was minor includes the complexity of the plan in place and whether the defendant was under duress. If a court determines that a defendant played a minor role in the offense, that could affect their federal sentencing guidelines, and in turn result in minimized penalties.
Long-Term Implications of a Drug Crime Conviction
In addition to potentially facing a much lengthier sentence than they would be if they were facing state charges, there are a number of collateral consequences associated with a conviction. As many of these cases involve immigration, a defendant might be ineligible for certain types of conviction or immigration release. For example, if the defendant is in United States on a visa, they could not only be deported but excluded permanently from the United States if they are convicted of a federal drug crime.
Other collateral consequences would include being ineligible for certain types of state or federal benefits, as well as being unable to vote. A dedicated defense attorney handling a federal case could determine what potential penalties a defendant is facing.
Speak with an Alameda County Federal Drug Attorney Right Away
A defense attorney would work to mitigate punishment by making arguments that would reduce that federal guideline calculation. As the punishments for these cases can be especially harsh, it is imperative to seek seasoned legal guidance if you are facing federal charges. An Alameda County federal drug lawyer licensed to practice in the District Court of California could explain your rights and determine how to best move forward based on your unique situation. Schedule a free consultation today to learn more.
