Drug Trafficking Charges
Drug trafficking is defined as the act of possessing drugs with the intent to distribute or dispense the drug. In some cases, drug trafficking does not have to involve the intent to distribute the drug. When the amount of drug a person possesses is very large and considered too large for personal consumption, trafficking charges may apply. Drug trafficking is a very serious crime, whether a person is facing state charges or federal charges.
In all states, drug trafficking is considered a felony when the drug in question is methamphetamine. If convicted, a person could face a maximum fine of $500,000 and a mandatory sentence between six and 30 years in state prison. Drug trafficking convictions involving cocaine, heroin, morphine, or LSD also carry these mandatory sentences.
Typically, drug trafficking is prosecuted by the State Attorney’s office. However, there are many cases where drug trafficking charges are tried as a federal offense.
When Drug Trafficking Is a Federal Offense
In most cases, drug trafficking charges are considered a federal offense when one of the three elements is involved with the crime. The trafficking must involve crossing state lines, the trafficking must occur on federal land such as a federal park, or it must involve a federal agency, federal property, or federal jurisdiction. Drug trafficking in these instances is considered a federal crime.
However, federal courts have the right to take any case from the state courts that they have an interest in. Likewise, defendants can also petition a state court to have their case moved to federal court, according to 28 United States Code Section 1446. For example, some drug trafficking convictions carry a much lighter sentence than the same penalty carries under state law. Removing a criminal case to federal court has very specific rules, and defendants must follow proper procedure if they wish to do so.
Those Accused of Drug Trafficking Need a Drug Crimes Attorney
While federal sentences for drug trafficking are sometimes less severe, that is not always the case. It is also not always possible for defendants to have their cases removed to a federal court. There are many factors to take into consideration, and in either case, a person charged with drug trafficking needs an experienced criminal defense lawyer who can help them beat the charges.
If you have been charged with drug trafficking or any other drug crime, let a drug possession lawyer in Llano, TX build the solid defense you need. A conviction will not only take away your freedom but also greatly impact your entire future. Do not try to beat these charges on your own. Call today for a case evaluation.
Thanks to Winfrey Law Firm for their insight into criminal law and drug possession.