What Constitutes A Federal Drug Charge?

How long do federal drug cases take?

How much jail time do you get for federal drug charges?Drug Type / QuantityStatutory Minimum Prison SentenceStatutory Maximum Prison Sentence500g of Cocaine5 years40 years28g of Crack5 years40 years100KG of Marijuana5 years40 years5g of (Pure) Meth5 years40 years6 more rows.

What is the mandatory minimum sentence for drugs in the US?

Mandatory Minimums for Drug CrimesSubstanceMinimumMaximumSimple possession of a controlled substance with 1 prior conviction15 days2 yearsSimple possession of a controlled substance with 2 or more priors90 days3 yearsDrug kingpin20 yearsliferepeat offender30 yearslife26 more rows•Jan 11, 2018

What is the difference between state and federal drug charges?

Federal drug charges usually carry harsher punishments and longer jail sentences and are often charged as felonies. State drug charges for possession without the intent to distribute can be charged as felonies or misdemeanors, and usually have a lighter sentence.

Where did mandatory minimums come from?

The current mandatory minimums for federal drug offenses were created by Congress in 1986 and 1988. Over 260,000 people have received mandatory minimums for a federal drug offense. Do states also have mandatory minimums? Yes, usually for drug and gun crimes.

How do indictments work?

When a person is indicted, he is given formal notice that it is believed that he committed a crime. The indictment contains the basic information that informs the person of the charges against him. … A grand jury may decide not to charge an individual based upon the evidence, no indictment would come from the grand jury.

Why do cases go to federal court?

For the most part, federal court jurisdictions only hear cases in which the United States is a party, cases involving violations of the Constitution or federal law, crimes on federal land, and bankruptcy cases. Federal courts also hear cases based on state law that involve parties from different states.

What are federal drug offenses?

The Drug Enforcement Administration (DEA) enforces the federal controlled substances laws and regulations. In addition, drug crimes at the federal level may include violations of tax law, such as tax evasion, money laundering charges, and charges under the Racketeer Influenced and Corrupt Organizations Act (RICO).

What makes a charge federal?

Federal crimes are offenses that specifically violate U.S. federal laws. Federal offenses are prosecuted by government agencies such as the Federal Bureau of Investigation (FBI) and can oftentimes carry penalties that are far more severe than those levied by state courts.

Are state or federal charges worse?

The biggest difference involves jurisdiction over state versus federal charges. Federal prosecutors and the federal government prosecute cases involving people charged with federal crimes. … Importantly, the penalties linked to federal crimes generally are more severe than those handed down by state courts.

Can you be charged in state and federal court for the same crime?

While you can’t be charged twice in one state for a crime that you were acquitted or convicted of, you may be charged twice in different states for the same crime. … Furthermore, if that conduct was a federal offense, you may be tried and convicted in both a state and federal court.

What is a federal level conviction?

The United States Federal Sentencing Guidelines are rules that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious (Class A) misdemeanors in the United States federal courts system. The Guidelines do not apply to less serious misdemeanors.

What does it mean if something is a controlled substance?

A controlled substance is generally a drug or chemical whose manufacture, possession, or use is regulated by a government, such as illicitly used drugs or prescription medications that are designated by law. … The controlled substances do not include many prescription items such as antibiotics.

How does a federal indictment work?

A federal indictment is a formal legal document that charges an individual with a federal felony. … Usually, an indictment is issued after a grand jury convenes and determines that there is probable cause to believe that the person named in the indictment committed a crime.