How Do I Know If I Am Facing A Drug Charge At The Federal Or State Level?
If the federal authorities arrest you and you are brought into federal court, then you will know that you are facing a drug charge at the federal level versus a state case.
When the federal government decides to prosecute you, their agents, the FBI typically, the Secret Service, and Homeland Security, one of the arms of the federal government, will arrest you. You will be sent to court, where you will usually face an indictment, and the bail will typically be set at that point.
If someone is facing federal drug charges in federal court, it means that the feds have deemed that they should deal with it as opposed to the state, which typically means it's a more serious case involving more quantities of drugs than the state usually deals with. It could involve interstate commerce or RICO violations.
If the federal government has decided to prosecute you for a drug case, it's very serious, and you need to get an attorney who has dealt with these federal drug cases before. A lot of times, you look at mandatory minimum sentences.
There is a whole chart that has been developed related to different types of drugs, the amount of drugs, and whether you have a prior criminal record. These factors will determine how much time you are looking at, whether you are looking at a five-year, 10-year, or even a 20-year mandatory minimum.
What Happens If Indicted On a Federal Drug-Related Charge?
After you have been indicted on a federal drug-related charge, you will go to court for a detention hearing. The judge will determine whether you will be detained for the duration of your case.
Some conditions can be met that can get you out, such as a property bond or a signature bond. Several different things can be utilized to get you out of custody. You will want your criminal defense attorney to use those things for you so you can get out.
Once the detention hearing is over, you will be assigned to a particular judge in the jurisdiction where your case is pending; that judge's rules will basically control the flow of the case from there. Your criminal defense attorney will know how to handle that assuming they are familiar with that particular judge or that particular jurisdiction.
Your federal criminal defense attorney will be the main guide to what happens next. Is there going to be a jail motion filed?
Is there going to be a motion to suppress the evidence filed? Were there wiretaps used in the case? Will your attorney file a wiretap motion to try and block some of that evidence? Is the case going to go to trial? Will some plea agreement be worked out?
These are all questions that your attorney will consider and discuss with you once all the relevant discovery has been reviewed, and your attorney has assessed the case.
Where Will My Federal Drug Case Be Tried?
Federal drug cases are typically tried in the jurisdiction where the crime occurred. If you are accused of moving drugs in and out of a particular state, then that state will have jurisdiction over wherever is closest when you moved it.
If it's two different states or multiple states, then federal authorities will discuss which state will deal with the drug convictions. They have their policies, and they decide which state will prosecute a particular case based on how many contacts the defendant has in that state and their policy and view of the case.
Can I Be Released Awaiting Trial on Federal Drug Charge?
You are entitled to be released from prison if you are awaiting trial for a federal drug charge, but it will ultimately be up to a federal judge or magistrate who hears your case and determines whether you are detained or released on some sort of condition. Detention has to do with evaluating whether or not you are a flight risk and whether you are a danger to the community.
The probation department and most federal courts will weigh in on that issue. They will look at your criminal history. They will talk to your family members. They will look at the particular crime that's involved.
They will recommend to the judge whether you should be detained, whether they think you should be out on some property bond, a signature bond, or whether you should be released under some other condition that makes sense related to your case.
