Montgomery County Federal Drug Lawyer

There are many factors that could elevate a state-level offense into a federal crime. Federal drug charges are typically seen as a more serious charge than a state court drug offense because the state would handle most smaller cases that require state resources to prosecute or to investigate. The federal government may pick up a case that could be handled by the state. More complex cases that involve lengthy wiretaps and lengthy investigations or are connected to higher levels of drug trafficking are the cases that would be picked up by the federal government. Federal cases have a much higher mandatory minimum in federal court and lack of leniency available to defendants when facing federal charges.

A Montgomery County federal drug lawyer has the skills, knowledge, and tools to handle your case. A diligent drug lawyer could ensure that your rights are fully protected and help you avoid the consequences of a conviction. It is best to speak to a knowledgeable attorney to discuss the specifics of your case.

Types of Federal Drug Offenses

The way an individual could get charged with a federal case would depend on whether federal resources were used, such as a federal informant involved in their case, federal officers who make the arrest, or they are on federal property such as a military base. Other reasons they might be charged is if they are going in between state lines or the case is complex to the level that federal resources may be used by the state prosecutors to handle the case, so a particularly complex case might be picked up by the federal authorities.

The different types of federal drug offenses an individual could be charged with are possession of illegal substances as well as variations of trafficking, manufacturing, or distributing illegal narcotics. T The first offense could lead to probation or one year in jail, a second offense has a mandatory 15 days up to two years in jail, and a third offense or more for simply possessing drugs illegally is 90 days mandatory to up to three years in jail.

The other charges that are commonly seen would be possession with intent to deliver or drug trafficking. Those charges have much higher mandatory minimums. Trafficking for a first offense would be a five-year minimum to a maximum of 40 years. If it is a greater amount or quantity of drugs, even for a first offense, it could lead to ten years minimum to a maximum of life imprisonment. There is also a combination of charges that could lead to additional minimums such as using a firearm in furtherance of drug trafficking, which is a mandatory seven years up to mandatory life in prison. A tenacious Montgomery County federal drug lawyer could collect evidence to help build a strong defense and help those who have been charged avoid a conviction.

Factors That Make A Drug Offense a Federal Crime

There are a few factors that would elevate a state drug offense to a federal crime. This could include:

  • Trafficking between state lines
  • Whether it is on federal property, such as a military base
  • Whether federal resources are used or need to be used, such as a federal informant, the FBI, the DEA making an arrest, or the federal officers
  • If it requires federal expertise to prosecute the case.

Individuals should remember that they could be prosecuted for state and federal charges at the same time. As of now, even though it is still being challenged, it remains legal for them to charge the same offense in federal court and state court. A skilled federal narcotics attorney could review the facts of the case and determine whether the case should be only brought to state courts.

Seek Help From a Montgomery County Federal Drug Attorney

Those who have been charged with a federal drug offense may face harsh penalties such as mandatory prison time if convicted. Individuals should not fight their drug case alone. Immediately following an arrest, individuals should reach out to an experienced attorney. A Montgomery County federal drug lawyer will work diligently to help you fight the charges to avoid a conviction.

Schedule a consultation today to get get started building your defense.