Due to the nature and scope of their alleged offenses, some people face federal drug charges instead of state charges. Federal charges often involve larger operations or activities that cross state lines, such as trafficking drugs between New York and New Jersey. Federal prosecutors may also take on cases involving significant quantities of drugs or connected to organized crime. Federal agencies like the Drug Enforcement Administration (DEA) may take these cases, leading to more serious charges than typical state-level offenses.
7 types of federal drug charges
Charges will vary on a case-by-case basis and the prosecution may combine several to reflect the scope of the crimes involved:
- Possession with intent to distribute: This charge involves having drugs with the purpose of selling or distributing them.
- Drug trafficking: This is the illegal trade, distribution or sale of controlled substances across state lines or national borders.
- Manufacturing: Involves producing illegal drugs, including commercially cultivating plants like marijuana without a permit or operating a meth lab.
- Conspiracy: This charge is for planning or agreeing with others to commit a drug-related crime.
- Importation: Bringing illegal drugs into the United States from another country.
- Distribution: Selling or delivering controlled substances, whether within a state or across state lines.
- Possession: Having illegal drugs, though typically at a larger scale than state-level possession charges.
Federal charges are often more severe and reflect a more extensive scope of crimes.
Federal Court vs. State or County Court
In both New Jersey and New York, federal sentencing guidelines apply stricter penalties for drug offenses. These guidelines consider the type and amount of drug, the defendant’s criminal history and involvement in organized crime. Federal penalties can include longer prison sentences, more significant fines and mandatory minimum sentences for certain offenses.
In contrast, state or county courts may offer more lenient penalties, especially for first-time offenders or those involved with smaller quantities of drugs. State courts might provide more opportunities for plea bargains, rehabilitation programs or probation instead of jail time. However, severe or repeat offenses can still lead to significant state-level penalties.
These charges are life-changing
A skilled attorney can provide guidance, explain your rights, and work to achieve the best possible outcome for your case. Drug charges are serious, and having an experienced drug defense lawyer by your side can make a significant difference in navigating the legal system and protecting your rights and future. The best results typically occur when the defendants get the legal support they need.