Montgomery County Federal Drug Penalties
If convicted for a federal drug offense, individuals could face severe penalties. A long-term implication of a federal drug conviction includes lengthy terms of imprisonment. Additionally, this would be a federal conviction on one’s record, which would show up for all federal jobs, for applications for education and student loans, and if someone is attempting to join the military.
Individuals who are facing federal narcotics charges should reach out to a diligent federal drug attorney. They could help you understand the Montgomery County Federal drug penalties and help you build a strong defense.
How Are Penalties Determined in a Federal Narcotics Case?
One of the Montgomery County Federal drug penalties includes prison time. If the federal drug charges require mandatory minimum penalties, the judges would not have discretion. They have to apply the mandatory minimum penalty. However, if the case does not have a minimum penalty, the judge would get the recommendation from both parties and look at the United States sentencing guidelines that govern federal cases.
The United States sentencing guidelines are specific and have aggravating as well as mitigating factors based on the type of crime charged. It also governs the different factors someone brings into the case related to the person that was arrested and why the judge should go below the guidelines with a mitigated sentence.
Penalties For a Federal Drug Conviction
The Montgomery County Federal drug penalties associated with a federal drug case could vary. A federal simple possession of drugs for a first offense could be probation up to one year. For a second offense, it could be 15 days minimum up to two years maximum. For a third offense, it could be 90 days minimum up to three years maximum.
A federal drug trafficking offense for a first offense requires a minimum of five years to a maximum of 40 in prison. For larger amounts of drugs, even for a first offense, it is a minimum of ten years to a maximum of life imprisonment.
Additional factors may enhance the mandatory minimums so always consult a lawyer with the specifics of your case. For example, drug trafficking that results in death or serious bodily injury will carry a minimum of 20 years to a maximum of life imprisonment.
Mitigating the Punishments
Skilled drug attorneys will work to mitigate the consequences in a federal drug case. In federal court, it is very often for a sentencing memorandum to be presented. That is a summary of the defense counsel’s arguments as to why the penalty should be lessened and mitigated with any evidence supporting the motion attached and entered into the court record.
The other ways to mitigate a sentence is to give perspective and garner sympathy for the defendant. Additionally, they would also demonstrate any mitigating factors in which a judge could legally reduce the sentence based on the reasons provided. This can be done through the lawyer’s representations and arguments, through witnesses, or presentation of documents to the judge.
How a Federal Drug Attorney Could Help
Individuals could face serious prison time if convicted for a federal drug offense. A tenacious federal drug attorney could review the evidence, speak to witnesses, and look for any constitutional violations to help the defendant avoid a conviction. They will work to build a strong defense for the defendant.
If you are accused of a federal narcotics offense, seek help from a diligent drug attorney. They will help you understand your rights, the Montgomery County federal drug penalties, and your legal options. Call to get started on your case.