Houston Federal Drug Crime Defense Attorney
Federal drug charges come with severe penalties, including mandatory minimum punishments, so you need an experienced attorney to protect your rights
Did you know that you can be charged with a drug crime under federal laws as well as under Texas laws? In fact, you could be tried for a drug crime both in state court and in U.S. District Court, or federal court (double jeopardy).
Because of this, you need to be aware of defenses against federal drug crime charges—not just defenses against Texas charges.
What makes a drug offense a federal crime?
While Texas drug possession and trafficking laws concern drug crimes within the state of Texas, federal drug laws pertain mostly to drug crimes involving the crossing of state lines, or crimes that occurred on federal land or property.
Also, the most severe drug crimes are often handled on the federal level. These include:
- Manufacturing drugs,
- Showing an intent to distribute drugs, or
- Engaging in drug trafficking or distribution.
In general, persons engaged in a significant criminal act in order to make significant profits may be charged on the federal level rather than the state level.
A federal drug charge may also ensue if you’re arrested by a federal officer working with local law enforcement.
Also, state and federal officials who collaborate on a drug arrest could decide to charge you in federal court, where penalties such as prison time can be more severe. That would involve the state agreeing to relinquish jurisdiction to federal authorities.
Image credit and source: (PDF) 2021 Annual Report and 2021 Sourcebook of Federal Sentencing Statistics
Federal help may also be requested by a state when the state doesn’t have enough resources to handle an elaborate crime.
Additionally, a federal prosecutor might request federal jurisdiction in a drug case to enhance a crackdown operation or to use a low-level offender as a means to catch a higher-level offender.
Also, if an informant provided information to federal officers that was used against you and the informant was charged on the federal level, then you, too, could face a federal drug charge.
Federal drug crimes are common. In fact, more than half of all federal prisoners have been convicted of federal drug offenses.
Common defenses against federal drug crime charges
With stiffer federal penalties, a federal drug charge should be avoided if possible. But if you do face one, an experienced drug possession defense lawyer is vital to fight for your legal rights. An attorney can devise a number of defenses—and may even be able to get a charge reduced or dismissed before going to trial.
Defenses against federal drug crime charges can include:
- Establishing unlawful search and seizure. Without a search warrant, law officers must have had probable cause to search your person or your property. Otherwise, anything they found will not be admissible as evidence. This is your legal right under the Fourth Amendment of the U.S. Constitution.
- Establishing faulty evidence via paid snitches. The government often pays informants or snitches to pin a crime on someone. But those snitches can be unreliable, by simply manufacturing evidence in order to be paid. This can be proven as a defense.
- Establishing faulty crime lab analysis. Drug tests in a crime lab can be inaccurate, depending on the equipment and those operating it. Challenging their accuracy can be part of your defense.
- Establishing unlawful entrapment by federal agents. “Entrapment” is when the defendant wasn’t inclined to break a federal drug law but instead was induced to do so by government agents. Proving such government inducement as well as the absence of a predisposition to commit the crime by the defendant can establish illegal entrapment.
- Establishing that the drugs belonged to someone else. Individuals are often arrested for being in a home or a car where drugs were found, even though the drugs didn’t belong to them. As a defense against a federal drug crime charge, it can be established that the drugs belonged to someone else who had access to the home or the vehicle.
Keep in mind that federal drug charges are often made against dozens of people—some of whom are innocent—when they’re snared in a wide net cast by authorities seeking to make a big news splash via sting operations. Overzealous authorities can make mistakes, and those can be established by your drug crime defense lawyer.
These are just some of many possible federal drug crime defense strategies that can be used to protect your legal rights.
Overview of federal drug crime laws
You may already know about Texas punishments for drug possession crimes. A majority of such crimes in Texas involve state drug crime laws and wind up in state courts, whether the crime is simple possession of an illegal drug (also known as a controlled substance) or possession with intent to deliver.
An offense like simple drug possession is often kept at the state level. Also, a first-time offense in a drug crime that violates state law is usually considered less serious and can bring lighter punishments than a federal drug crime charge.
But some drug possession or drug delivery crimes are so bad that they become subject to federal drug crime laws on top of state law. And violating those federal drug laws can carry more severe punishments and penalties than violating Texas drug laws.
In fact, it’s far more likely that you’d face a lengthy prison sentence for a federal drug crime conviction than for a state drug crime conviction.
There are at least 38 federal drug laws—laws that establish fines and penalties for 165 different drug-related crimes. Such penalties are worse when it comes to drug trafficking (sale or distribution) rather than drug possession. But other federal punishments can also be severe.
Image credit and source: (PDF) 2021 Annual Report and 2021 Sourcebook of Federal Sentencing Statistics
Punishments for federal drug crimes can range from 3 years in prison and a fine of $250,000 to 10 years to life in prison and a fine of up to $50 million.
Beyond prison time, persons convicted of federal drug crimes can also face problems when released. They may have trouble getting a job or finding a place to live after background checks reveal their history.
Additionally, as part of their punishment, defendants may face civil forfeitures, meaning the loss of their personal property, such as a home or a car.
It’s also rare that someone who’s convicted of a federal drug crime receives an option for probation. A federal drug crime charge can even lead to other federal charges like tax evasion if the drug charge was for drug trafficking or distribution.
You also have fewer options to appeal a federal drug crime conviction, especially if you accepted a plea bargain agreement in order to reduce your charge or sentence.
What are mandatory minimum punishments?
Federal drug crime laws can impose mandatory minimum punishments. This means you will at least face this punishment if you’re convicted—and it can even include a mandatory minimum prison sentence.
Indeed, federal judges must generally impose at least a minimum prison term for defendants who are convicted of federal drug offenses.
Such mandatory minimum prison terms have been challenged in courts, but without success. Courts have found that mandatory minimum sentences don’t violate an American’s right to due process—nor do they constitute cruel and unusual punishment.
What are mandatory minimum punishments for federal drug crimes? These include:
- 10 years in prison for trafficking one kilo or more of a Schedule I substance such as heroin.
- 20 years in prison if death or serious injury results.
- 20 years in prison with a prior felony drug conviction.
- Life in prison with a prior felony drug conviction if death or serious injury results, or with 2 or more felony drug convictions.
- 5 years in prison for trafficking 100 grams or more of a Schedule I substance such as heroin.
- 10 years in prison for a repeat offender.
- Life in prison for a repeat offender if death or serious injury results.
- 15 days in prison for simple possession of a controlled substance with 1 previous conviction.
- 90 days in prison for simple possession of a controlled substance with 2 or more previous convictions.
- 1 year in prison for distribution of a controlled substance near a school or other prohibited area, unless a higher minimum applies.
Image credit and source: (PDF) 2021 Annual Report and 2021 Sourcebook of Federal Sentencing Statistics
Other federal punishments can be worse
As you can see, even minimum mandatory punishments for federal drug crimes can be severe. But federal punishments can be even worse when based on factors such as which type of drug was found and the amount of the drug involved.
As for the type of drug, punishments are more severe when the drugs involved in the crime are in the federal category known as Schedule I drugs. These are the most addictive and damaging drugs.
Our attorneys are highly experienced in defending clients charged with possession of:
- LSD
- Ecstasy
A previous criminal record, involvement of firearms, and injuries or deaths associated with the drug crime can also cause punishments to be more severe.
Federal sentences can range from brief jail time, via a mandatory minimum sentence, to life in prison. For non-violent, first-time offenders who provide authorities with assistance, the punishment can be less severe.
That doesn’t mean state penalties for drug crimes are light. In fact, they, too, can be severe. But federal punishments tend to be even worse.
Get an experienced Houston drug crime defense lawyer
Clearly, if you face a charge for a drug crime, whether state or federal, you should seek a knowledgeable and experienced Houston criminal defense attorney immediately.
Persons living in Fort Bend County, Montgomery County, Houston or elsewhere in Harris County can speak with an experienced federal drug crime defense lawyer by contacting the award-winning Neal Davis Law Firm.
Contact us today to arrange a confidential legal review of your case and find out how we can fight for your legal rights.
