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Philadelphia Federal Drug Possession Charges: Defenses and Penalties
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Philadelphia Federal Drug Possession Charges: Defenses and Penalties
Getting charged with a federal drug crime can be scary. But don’t panic. There are defenses and options, even if you feel hopeless right now. This article will walk you through the basics of federal drug possession charges in Philadelphia, potential penalties, and some ways your defense attorney could help.
Federal vs State Drug Charges
First, let’s clarify the difference between federal and state drug charges. Federal drug crimes involve violations of the Controlled Substances Act (CSA) or other federal drug laws. This means the charges originate from federal law enforcement agencies like the DEA, FBI, ICE or Homeland Security.
State drug charges come from state or local police and involve violating Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act.
Federal charges tend to be more serious with harsher penalties since they involve larger trafficking amounts or crossing state lines. But even simple possession can become a federal case in some situations.
Common Federal Drug Possession Charges
There are a few federal laws that target drug possession in Philadelphia and nationwide:
Simple Possession
Believe it or not, you can face federal charges for personally using or possessing small amounts of illegal drugs under the Controlled Substances Act (CSA). The DEA sets strict possession limits for drugs like marijuana, heroin, cocaine and meth. Going over those limits means potential federal charges.
Possession with Intent to Distribute
Getting caught with larger quantities or things like scales and baggies can lead to federal “possession with intent” charges. Prosecutors argue you planned to sell or distribute the drugs. This is much more serious than personal use possession under federal law.
Drug Free School Zones
It’s a federal crime to possess drugs within 1,000 feet of schools, colleges, playgrounds, parks, pools and video arcades. These are considered “drug free school zones.” Penalties are often doubled in school zones.
Federal Lands & Property
Possessing drugs on any federally-owned land or property like national parks or federal buildings can also violate federal law. There’s actually a whole section of the CSA dedicated to this.
Penalties for Federal Drug Possession
The potential penalties for federal drug possession charges largely depend on two things:
- The type and quantity of drug involved
- Your prior criminal record
Federal sentencing follows strict guidelines and minimums based on these factors.
For example, let’s say police catch you with 5 grams of meth. Here’s an estimate of potential federal penalties:
- Up to 1 year in federal prison if you have no criminal history
- At least 5 years if you have 1 past drug conviction
- At least 10 years if you have 2+ previous convictions
Penalties quickly escalate for trafficking amounts. Even simple possession of 5+ grams of meth, 50+ grams of crack, 500+ grams of powder cocaine or 1+ kilos of heroin carries 5-40 years under federal sentencing guidelines.
Defenses Against Federal Drug Possession Charges
The penalties seem harsh. But experienced federal defense attorneys have options to fight the charges or seek reduced sentences. Common defenses in federal drug cases include:
4th Amendment Violations
If police violated your rights and conducted an illegal search or seizure, any evidence found may be excluded. This could get the whole case dismissed.
Entrapment
It’s illegal for police to coerce you into committing a crime you wouldn’t otherwise do. This “entrapment” defense has worked in some pharmaceutical drug cases.
Lack of Evidence
Federal prosecutors have the burden of proving every element beyond a reasonable doubt. If the evidence is weak, doesn’t directly link you to the drugs, or relies solely on unreliable informants, you may be found not guilty.
Sentencing Mitigation
Even if convicted, your lawyer can present mitigating circumstances to argue for lower sentences under federal guidelines. Things like addiction history, mental health issues, having a job, or family obligations may help.
Other Options in Drug Possession Cases
Besides trial defenses, your attorney may negotiate alternatives like:
- Plea Agreements: Plead guilty in exchange for lesser charges or sentencing recommendations.
- Diversion Programs: Complete treatment, community service, etc. to avoid conviction records.
- Cooperation: Help investigate suppliers for possible sentence reductions. (Rarely advisable).
I know this quick guide can’t answer all your questions about federal drug charges. But please don’t lose hope! An experienced federal criminal defense lawyer can fully evaluate your case and help you understand all your options. Check out this free case evaluation tool to get started today.