When a State Drug Case Becomes a Federal Case: Explanations
When a State Drug Case Becomes a Federal Case: Explanations
You know how sometimes you’ll hear about a drug case that started out being prosecuted by the state, but then all of a sudden it’s being handled federally? And you’re left wondering, how’d that happen? Well, there’s a few reasons a state drug case can end up going federal. Let’s break it down.
First off, it’s good to understand the difference between state and federal law. States have their own criminal laws and court systems to prosecute crimes committed within their borders. But the federal government also has criminal laws for certain types of crimes, even if they also violate state law.
When it comes to drug crimes, states make it illegal to possess, sell, manufacture, etc. certain drugs within their territory. But the federal government also has drug laws that make it a federal crime to do those activities. So if someone is busted by the state for having a bunch of weed, the U.S. Attorney’s office can decide to charge them under federal law instead.
Why would they do that, you ask? Well federal drug charges often carry stiffer penalties, so prosecutors will sometimes choose to “go federal” if they want to come down harder on a defendant. Federal law also covers drug crimes that cross state borders, like trafficking drugs from Mexico into the U.S. So if a case has interstate elements, the feds may take over to simplify things.
There’s a few main laws the feds use to charge drug crimes:
- The Controlled Substances Act – makes it illegal to manufacture, distribute, or possess drugs like cocaine, heroin, methamphetamine, etc.
- The Controlled Substances Act – prohibits things like opening a “pill mill” or obtaining drugs through fraud.
- The Continuing Criminal Enterprise Statute – targets major drug trafficking operations.
So if a state drug case involved a large quantity of drugs, or if the defendant has prior felony drug convictions, federal prosecutors may decide the charges and penalties available under state law are insufficient. They can then file charges under the Controlled Substances Act or Continuing Criminal Enterprise Statute to really stick it to the defendant.
The Feds also have an advantage when it comes to sentencing. Under federal law, there’s mandatory minimum sentences required for many drug crimes. Like 5 years for trafficking 5 grams of meth. 10 years for 50 grams of meth. Etc. Many states don’t have such strict mandatory minimums.
Federal drug charges also mean the U.S. Sentencing Guidelines will determine the defendant’s sentence. The guidelines tend to be harsher than state sentencing schemes. They focus on the quantity of drugs involved more than mitigating factors like addiction or family circumstances.
Another reason federal prosecutors may take over a state drug case is if they uncover evidence of larger criminal activity, like money laundering or distribution networks that cross state lines. The federal government has more resources to investigate complex conspiracies.
For example, say a guy gets arrested for selling heroin in Philadelphia. Turns out he’s also laundering money through a scheme involving bank accounts in Delaware and Maryland. And the heroin he’s selling comes from a Mexican cartel. Now you’ve got a multistate drug trafficking and money laundering situation – prime pickings for federal prosecution.
The Feds also love to pile on charges for gun possession, since federal law provides mandatory minimum sentences for drug trafficking crimes involving firearms. So if a search warrant in a state drug case turns up guns, boom – federal case.
Another aspect is that federal drug cases often involve joint investigations between local law enforcement and federal agencies like the FBI or DEA. So those feds may want jurisdiction over a case they helped build.
Now for a defendant, having their case go federal is usually bad news. The charges carry longer sentences and fewer opportunities for parole or probation. Pre-trial release is less likely in the federal system. And good luck getting charges dismissed – federal prosecutors have a ridiculously high conviction rate.
But once in a while, the federal route actually benefits a defendant. Federal prisons tend to have better conditions than overcrowded state prisons. And federal judges aren’t subjected to local political pressures, so they may show more leniency. But that’s pretty rare.
One last thing – the U.S. Attorney has to get permission from the local District Attorney to take over a state drug case. But usually the D.A. is happy to hand it off if the feds want it, so they don’t have to spend time and money on the prosecution.
So in summary, if you’re facing state drug charges, pray they don’t go federal, because you’re looking at a world of hurt – steeper charges, harsher sentencing, and tougher prisons. The moral of the story is: don’t sell drugs kids! Not if you want to avoid feeling the full might of the federal justice system. Stay safe out there!