Why Your State Drug Case Got Adopted by the Feds.

A prosecutor, not the defendant, makes the decision whether a case is federal or not.

• This decision typically occurs prior to the initial arrest.
• A defendant arrested for a state or local drug violation can subsequently face federal drug charges related to the same conduct.
• Local prosecutors will either defer to the U.S. Attorney or will work jointly with the federal prosecutor to obtain state-level convictions.
• State-level charges are not automatically withdrawn when a defendant is arraigned in federal court; state and federal prosecutions may proceed separately, subject to applicable law and prosecutorial policies.

The process by which a state or local drug case becomes federal has three components:

The first step is the investigation. State and local law enforcement agencies are often the primary agencies that are on the scene when arrests are made. These agencies will often be the first ones to get on the case and to get information about drugs and other criminal enterprises in the area. Once these agencies collect this information, and the case begins to look bigger than any one city, county, or state, these state and local authorities will get in touch with the federal authorities. This is where the federal adoption process begins.

The second step is the prosecution. Once the federal authorities agree to adopt a case, the state authorities will generally stop their local prosecution of the case and let the federal prosecutor take over. This is the decision that triggers federal drug charges.

The third step is the sentencing. In cases of adoption, the sentencing is typically also handled by the federal authorities. This means that federal drug laws and guidelines apply, even if the arrest was made by local law enforcement officers.

Crucially, federal agencies may adopt investigations begun by state or local officers. This means that while an investigation may have begun locally, federal involvement can change the nature and consequences of the case. However, involvement of federal agencies like the DEA or FBI alone does not automatically make the charges federal. The third factor is the magnitude of the case. Federal prosecutors are generally interested in high-value cases with national implications. While federal law criminalizes certain conduct, the decision to pursue those charges is ultimately discretionary. Local prosecutors may choose to refer cases to the federal government because of the greater resources available at the federal level or because they believe federal prosecution is more appropriate given the circumstances.

Which Facts Give Federal Prosecutors Jurisdiction in a State Drug Arrest Case?

The mere fact that someone was arrested for possession of or distribution of drugs at the state level does not inherently grant federal jurisdiction to the United States Attorney’s Office. To justify federal intervention, there must be an identifiable federal violation beneath the arrest. Common jurisdictional hooks that attract federal adoption of a state drug case include: - Possession or distribution of drugs across state or international lines. The Comprehensive Drug Abuse Prevention and Control Act of 1970, whose Title II is commonly called the Controlled Substances Act, makes it unlawful knowingly or intentionally to manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense a controlled substance under 21 U.S.C. § 841(a)(1). This provision gives federal prosecutors jurisdiction even if the entire investigation and arrest took place within a single state.

• Possession or distribution of drugs on federal property. This includes national parks, national forests, federal courthouses, VA hospitals, military bases, and federal correctional facilities.
• Possession or distribution of drugs through the United States mail, or by any other private or commercial carrier (e.g., FedEx, UPS, and DHL). 21 U.S.C. § 841 is the principal federal drug-distribution statute; 18 U.S.C. §§ 1341 and 1343 separately prohibit mail fraud and wire fraud and do not, by themselves, make a drug shipment a federal drug offense.
• Possession or distribution of drugs with the intent to use the drug in furtherance of another crime that falls under federal jurisdiction (e.g., money laundering, identity theft, or terrorism).
• The magnitude of the drug involvement. While case magnitude doesn’t inherently grant jurisdiction, it certainly attracts federal attention and often makes federal adoption a likely outcome. The larger the quantity of narcotics involved, the more likely that federal prosecutors will believe federal jurisdiction is appropriate.

How Does an Adopted Drug Investigation Become a Federal Case?

Federal drug cases are prosecuted by United States Attorneys at the district court level, and they typically follow a different procedure than state-level criminal cases.

The Federal Indictment Process

In order to file federal felony charges, federal prosecutors must generally present the case to a grand jury and obtain an indictment. While the indictment process is highly structured, it is also a secret proceeding, and the rules of criminal procedure give federal prosecutors broad discretion during this process. Importantly, the grand jury proceeding is one-sided; while prosecutors are allowed to present their case to the grand jury, including evidence obtained through the grand jury’s investigatory powers, defense counsel is barred from presenting any evidence or opposing prosecutors’ evidence in court.

Federal Drug Investigations

Federal drug investigations typically span several months or several years. Once local investigators have decided to hand a drug case to federal authorities, the case will proceed with the federal investigation, at which point the federal agents in charge of the investigation will work with a U.S. Attorney’s Office in the applicable district. Throughout the federal investigation, the United States government is entitled to use a wide variety of investigative techniques that are not available to state and local police. This includes (among many others):

• Informants and confidential sources
• Wiretaps and other forms of electronic surveillance
• Undercover operations
• Long-term physical surveillance

The culmination of the federal investigative process is the issuance of a federal indictment. Once the United States Attorney’s Office has obtained an indictment, it will then file the charges with the district court, and a warrant for the defendant’s arrest will be issued.

At Spodek Law Group, we have the resources to effectively defend our clients against the highly skilled prosecutors and investigators who work for the U.S. government.

What Can Federal Sentencing Add Beyond the Charged Drug Transaction?

One of the most significant differences between state and federal drug cases is federal sentencing. In federal sentencing for conspiracies, U.S. Code Title 21, Section 846 explicitly authorizes federal prosecutors to target any person who was part of a conspiracy to distribute controlled substances, even if their criminal involvement was minor. As a result, individuals facing federal adoption of their drug case are not only at risk of facing charges for the drug transaction(s) that triggered their arrest but also for conspiracy and related offenses (e.g., mail fraud and wire fraud). More importantly, in federal conspiracy cases, sentencing is not calculated based on the drugs that the defendant actually distributed, but rather on the total quantity of drugs that were illegally sold, manufactured, or imported as a result of the conspiracy’s operations.

If federal prosecutors present evidence showing that a conspiracy is responsible for the sale and distribution of a large quantity of drugs, the members of the conspiracy can be sentenced for that quantity. This is the case, even if some members were involved in the distribution of minimal amounts of drugs.

Calculation and Application of Federal Sentences

Federal judges rely on the Federal Sentencing Guidelines to calculate federal sentences. These guidelines assign a “sentencing range” based on the offense level and the defendant’s criminal history. Judges can adjust the sentence to go up or down based on various factors, and while the judges can ultimately sentence outside the guidelines, they must address each of the Sentencing Commission’s guidelines that they consider.

The Federal Sentencing Guidelines are advisory, meaning they do not bind the federal court. However, federal prosecutors will typically use the guidelines’ advisory sentencing ranges when pursuing a plea agreement, and the Federal Sentencing Guidelines’ recommended sentencings have been upheld by the U.S. Supreme Court.

Importantly, drug offenses trigger statutory mandatory minimums that can constrain federal judges’ discretion to sentence below the mandatory minimums. While statutory minimums apply to many of the most serious drug offenses, they may apply to some possession cases.

Which Choices and Challenges Can Still Change Federal Drug Charges?

Facing federal charges for the distribution of controlled substances is frightening, but it does not make defending the case impossible. With a skillful defense attorney on your side, you will have multiple opportunities to convince the court and the prosecutor that you are innocent and that your state drug charges should not be federalized.

If you are facing a drug case that has been adopted by the feds, it is not too late to engage experienced defense counsel to help fight your charges. When you meet with a defense attorney, make sure you ask whether they can defend your case based on the Fourth and Fifth Amendments. Additionally, be prepared to discuss the evidence against you and any information you have that could help defeat the federal government’s criminal case.

When Can a Drug Charge Be Dismissed?

It is difficult to have a drug charge dismissed, but defense lawyers can pursue a variety of pre-trial motions to convince a judge to dismiss charges before they go to trial. Some examples of grounds for dismissal include:

• Illegal arrest or search: a Fourth Amendment suppression motion can challenge an illegal search or illegal arrest based on lack of probable cause, and it can exclude any evidence obtained during the search or arrest.
• Coerced confession or statement: if a statement was obtained through law enforcement conduct that violated your Fifth Amendment rights or otherwise deprived you of your constitutional rights, a Fifth Amendment suppression motion can potentially exclude the statement in question.
• Inadequate evidence to support the charge: a motion to dismiss for failure to state an offense challenges whether the indictment or information adequately alleges a federal offense before trial, and it is particularly effective in cases where prosecutors lack substantive evidence to support the charges against the defendant.

What Should I Do if I Received a Target Letter from the federal government?

A target letter is an official communication from a United States Attorney’s Office. These letters are typically sent out before an indictment, and they indicate that your conduct is under a federal grand-jury investigation.

It is important to understand that while you may have been named as a “target” in a federal grand-jury investigation, that does not guarantee a federal indictment. Federal prosecutors still must prove that your conduct meets a jurisdictional hook that is necessary to pursue charges for distribution of controlled substances under 21 U.S.C. § 841.

Calling About Someone You Love

Most first calls to a defense firm come from a family member rather than the person under investigation. If that is you, Spodek Law Group answers its phone at any hour, and families retain the firm on a relative's behalf every week. Reach it at 888 348 8028.