Being Charged With Federal Drug Crimes

Normally, if a person is charged with a drug-related crime in Florida, their case will be handled by state authorities. However, if the alleged offense satisfies certain criteria, it may wind up being tried at the federal level. There are some significant differences between being tried in state court versus federal court, and if you find yourself in this situation, it is crucial that you enlist the right attorney to help protect your rights.

Why Federal Court?

There are three main reasons why a drug case may wind up in federal court as opposed to being tried in one of Florida’s districts. The first is if major quantities of one or more controlled substances are involved, while the second is if many people from different states and countries are involved in the offense, such as a drug trafficking conspiracy. The third is if drugs are transported across state or country lines during the commission of the crime.

Federal courts have what is known as diversity jurisdiction, which allows them to hear many of these cases. Diversity jurisdiction is a legal concept that lets certain courts hear cases that would normally be a matter of state law. The Constitution grants this power, but later legislation requires two extra points: that there are people from multiple states involved in the case, and that the ‘amount in controversy’ must be more than $75,000.

Sentences Are Stricter

If you have been charged with federal drug crimes, it is important to understand just how serious the situation is. While Florida and the federal system both have mandatory minimum sentencing for drug-related offenses, they are more often imposed at the federal level, and when they are imposed, they tend to be harsher, with lesser consideration given to mitigating factors. Drug crimes tend to be seen more as personal failings than as the result of other life issues.

That said, none of this makes state drug charges easy to contend with or defend oneself against. Florida in particular prosecutes drug offenses severely, simply because the state has had such a checkered past with drug use and distribution. An experienced attorney can make all the difference in terms of knowing which defenses to use and how best to make sure your story is told in court.

Contact A West Palm Beach Drug Offenses Attorney

Whether you have been charged with a state drug offense, or whether your alleged crime was federal, a West Palm Beach drug offenses attorney is an important person to have on your side in court. The firm of Perlet & Shiner, P.A. has handled many of these cases, and will work hard on yours. Contact our office today to speak to an attorney.

Source:

law.cornell.edu/uscode/text/28/1332