DEA Lawyers Explain the Difference Between State and Federal Drug Courts

DEA Lawyers Explain the Difference Between State and Federal Drug Courts

When someone gets busted for drugs, whether it’s possession, distribution, trafficking, or manufacturing, they can face charges at the state or federal level. Both state and federal courts have drug courts and diversion programs aimed at rehabilitation rather than incarceration. But there are some key differences that can really impact the outcome for defendants.

As a DEA lawyer whose handled tons of these cases, let me break it down for you…

Jurisdiction

The biggest difference is jurisdiction. State courts handle cases involving violations of state drug laws. Federal courts handle violations of federal drug laws.

Many drug activities are illegal under both state and federal law. For example, possession of cocaine or heroin is illegal in all 50 states and also illegal under federal law. Same with distribution. Trafficking large quantities across state or national borders is generally prosecuted federally.

Manufacturing controlled substances like meth is usually prosecuted federally too, even for small home labs. The federal government takes manufacturing very seriously because of the risks posed by toxic chemicals.

So for the same incident, a defendant could face charges in both state and federal court. This is known as “dual sovereignty.” The state can’t prosecute you for breaking federal law, and the feds can’t prosecute you for breaking state law. But each can prosecute for violations of their own laws.

Charges and Sentencing

When it comes to the actual charges and potential sentences, federal cases tend to be more serious.

Federal drug schedules and penalties are often harsher than state ones. Simple possession of any illegal drug (even marijuana) can mean up to 1 year in federal prison. Trafficking over certain quantities can trigger mandatory minimum sentences of 5, 10, even 20 years or more depending on the drug and amount.

States have more flexibility. Some states have decriminalized marijuana possession completely. Others treat possession of small amounts as misdemeanors rather than felonies. Maximum sentences for trafficking are usually lower at the state level.

Then you have minimum mandatory sentencing. Many federal drug crimes carry minimum sentences that judges are required to impose. States have more leeway to allow judges to consider mitigating factors and go below minimums.

Federal drug cases also require mandatory minimum prison terms for prior felonies. If you have 1 prior drug felony conviction and get charged federally, the minimum sentence is 10 years. Two prior felonies means a minimum of 20 years. By comparison, many states don’t have “three strikes” laws for drugs.

Bottom line – you’re generally facing more serious charges and stiffer sentences in federal court compared to state court for the same activities.

Drug Courts and Diversion Programs

Both federal and state courts operate drug courts and diversion programs as alternatives to incarceration. But the eligibility criteria and services tend to differ.

Federal drug courts are only open to nonviolent offenders without extensive criminal histories. Generally you can’t have any prior felonies, or just one, to qualify federally. State drug courts are more flexible and will work with repeat offenders.

The programs themselves vary too. Federal drug courts focus on supervised probation, mandatory drug tests, treatment if needed, and sanctions for violations like demotions, curfews or short jail stays. State drug courts take a more “hands on” approach with counseling, job training, community service, and connecting participants with resources to get their lives on track.

State drug courts also tend to be longer programs, like 18-24 months on average. Federal drug court terms are usually 1 year or less. Treatment options are more limited in federal courts as well.

For these reasons, many defendants prefer state drug court if they qualify. The state programs seem more focused on rehabilitation which increases the chances of long-term sobriety and success. Federal drug courts are stricter with less support.

But some defendants don’t have a choice. Certain charges like large-scale trafficking may only be eligible for federal court. And you have to get federal prosecutors to agree – they often oppose diversion since they tend to take a “tough on crime” approach.

Implications and Outcomes

The differences between state and federal drug courts have huge implications that defendants need to understand.

In federal court, you’re facing harsher charges and sentencing right off the bat. No parole either. The chances of getting into a diversion program are lower, and the programs themselves aren’t as supportive.

State court allows more opportunities to get charges reduced and sentences decreased. Drug court eligibility is broader and the programs are longer and more rehabilitative.

As a result, federal drug convictions often lead to longer prison terms and higher recidivism rates compared to similar state cases. Up to 85% of federal drug offenders get rearrested within 8 years of release. State recidivism rates are around 50% lower for drug crimes.

So while the feds talk a big game about being “tough on drugs,” their approach seems to backfire. More rehabilitative state programs do a better job of turning offenders into law-abiding citizens again.

This highlights the need for reforming our federal drug policies. Reducing mandatory minimums, expanding diversion programs, allowing parole – these types of changes could make a real difference in improving outcomes. Some bipartisan efforts are underway, but progress is slow. Keeping up the pressure is important.

Key Defenses in State vs Federal Court

Now let’s talk defenses. The main strategies for fighting federal vs state drug charges are actually quite similar. But there are some key differences to keep in mind.

In both venues, a common defense is going after how the evidence was obtained. Was there probable cause for search warrants? Did officers have reasonable suspicion for traffic stops and searches? Were Miranda rights properly given? Exclude illegally obtained evidence and the case can fall apart.

Entrapment defenses can also work in both systems. This argues you only committed the crime due to improper encouragement or coercion by undercover cops or informants. But standards for proving entrapment are higher under federal law.

One difference is federal court generally requires indictment by grand jury for felony charges. That’s not true at the state level. So in federal cases, you may be able to get counts dismissed if the grand jury process was flawed.

States also recognize more affirmative defenses than federal courts. One example is medical marijuana. State laws that allow medical use can be asserted as a defense against state charges. But medical marijuana is still completely illegal federally, so that defense doesn’t work there.

Overall, dismissed charges, plea bargains, and sentencing reductions are easier to obtain in state court through effective defenses. Not as much flexibility on the federal side.

Should You Accept a Plea Deal?

Over 90% of federal drug defendants accept plea deals rather than risk trial. Makes sense given the high mandatory minimums and sentencing guidelines they face. Even with a deal, federal drug sentences average over 5 years in prison.

State plea deal rates are closer to 80%. More defendants take their chances at trial since state drug sentences tend to be lower across the board. Average state prison terms are less than 2 years.

When weighing a plea bargain, the risks of losing at trial are just higher in federal court. Even if you win at trial, federal sentencing guidelines take away most judicial discretion. Judges have to give certain sentences unless reasons for departure are proven. And federal prosecutors appeal lenient sentences way more than state prosecutors.

State court judges have more flexibility come sentencing time even after trial. And you may land a more sympathetic jury worried about harsh sentences. So the incentive to take a deal is lower.

Bottom line – think hard before rejecting any federal plea offer. They are generally “too good to refuse” given the disparity between potential plea and trial sentences. More room for negotiation exists in state court.

How a Defense Lawyer Can Help

Navigating between state vs federal prosecution, evaluating plea deals, and planning defense strategies is really complex. Having an experienced criminal defense lawyer is critical.

For federal charges, you want someone very familiar with the federal system. Former federal prosecutors often have the expertise needed. They have insight into the charges brought, how federal prosecutors operate, mandatory minimums and sentencing guidelines, and the overall federal court process.

In state court, find someone experienced specifically with your state’s laws and procedures. Check their track record handling drug cases through dismissal, plea deals, diversion programs, or trial wins.

Either way, choose a lawyer who takes time to understand your case and goals. Are you looking to minimize incarceration time? Get help with addiction? Clear your record? What outcomes are priorities for you?

A knowledgeable and compassionate attorney will know all the options on the table and work diligently to achieve your goals. Don’t go it alone. Hire them early and let them handle the complexities of fighting state or federal drug charges.

Stay Hopeful

Getting arrested for drugs can be scary, overwhelming, and emotionally devastating. But stay hopeful.

Focus on getting yourself help whether its treatment, counseling, job assistance, or other support. Stay clean and keep working to get your life on a better track.

The right lawyer can advocate for you every step and find ways to avoid harsh penalties, maybe even through diversion programs. Or if you must serve time, they can help reduce sentences.

With hard work and determination, you can get past this challenge, recover and thrive. It’s not easy but taking ownership, growing, and staying positive is key. There are always reasons for hope!

Let me know if you have any other questions!

Sincerely,
[Your Name]

References

https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20170309_Recidivism-CH.pdf
https://www.nij.gov/topics/corrections/recidivism/pages/welcome.aspx
https://www.justice.gov/archives/jm/criminal-resource-manual-645-entrapment-elements