Charged Federally For Drugs In Florida

If a person is charged with a drug crime in Florida, they will usually be tried in state courts, under state laws, and if convicted, may face incarceration in state prisons. However, it is important to understand that federal drug charges may also be a possibility if the offense is egregious enough. Understanding the nature of federal drug charges, and how they differ from state-level charges, can make all the difference in your case.

Federal Cases Are Larger Prosecutions

While Florida’s Comprehensive Drug Abuse & Prevention Control Act is patterned on the federal Controlled Substances Act, there are differences in their application. Both laws group controlled substances into ‘schedules,’ with Schedule I being the most addictive and with the least potential for medical use, and Schedule V being less addictive, with significant potential for medical use. Both laws set out potential punishments for every drug offense from simple possession up to trafficking in large amounts.

However, state crimes often involve lesser amounts of controlled substances, and activities conducted solely within Florida. Federal authorities are more likely to be involved in a drug prosecution if the activity in question occurs over state lines, or if significantly large amounts of controlled substances are involved. Federal authorities also tend to handle large trafficking-related drug busts.

Feel Over Your Head?

If you have been charged with a federal drug crime, it is very easy to feel completely adrift, even if you have had dealings with state courts before. Federal prosecutions will often involve extensive pre-trial discovery, and even procedural matters are usually more formal and complex than in state courts – for example, federal cases use grand jury indictments, rather than simple arraignment hearings, to process defendants.

One thing to keep in mind is that usually, federal prosecutors and judges cannot be as flexible in terms of plea negotiations or sentencing. Federal statutes carry mandatory minimum sentences for many drug-related crimes, and federal judges have less discretion than state judges do in terms of imposing alternative punishments upon conviction. It is crucial to have a knowledgeable attorney on your side, as federal criminal procedure carries its own unique pitfalls for the unaware.

Contact A West Palm Beach Drug Crimes Attorney

Being charged with a federal drug offense can be a terrifying experience, but you do not have to go through the legal process alone. A West Palm Beach drug offenses attorney from the firm of Perlet & Shiner, P.A. can answer questions and manage concerns about getting your day in court. Contact our office at (561) 721-0552 to speak to an attorney today.

Source:

flsenate.gov/Laws/Statutes/2018/Chapter893