Being arrested and charged with drug offenses at the state level is very different from being arrested and charged at the federal level. Federal charges and the consequences they carry are often much more serious than state drug charges, but these can also be life-altering. To address whatever drug charges you are facing head-on and learn more about them, reach out to our lawyers.
Most differences between state and federal drug charges stem from the difference in jurisdiction. The federal government has jurisdiction to prosecute violations of federal law in federal court. The state government has jurisdiction to prosecute violations of state law in state court. State and federal drug charge convictions are also sentenced differently, and those sentences are served in different prison systems. Not only are the charges, trial locations, and prison sentences different between state and federal drug charges, but so are the approaches our attorneys take when representing defendants in Pennsylvania.
For a confidential and free case assessment, call the Bensalem, PA drug crime defense attorneys of Kenny, Burns & McGill at (215) 423-5500.
Do State and Federal Drug Charges Fall Under Different Jurisdictions?
Jurisdiction differs for state and federal drug charges. If a defendant allegedly violates a state law against drug possession, manufacturing, or distribution, the state prosecutes them. Local law enforcement investigates the alleged crime, and the trial will most likely be held in the Court of Common Pleas for the county where you were arrested.
If the defendant allegedly violates a federal law against drug possession, manufacturing, or distribution, the case falls under federal jurisdiction. The federal government generally only files drug charges against defendants if they have considerable evidence. However, our Pennsylvania drug crime defense attorneys may be able to negotiate a plea in this scenario that limits your sentence.
Federal courts typically have a much larger backlog of cases than state courts. Because of this, it often takes longer for federal drug charges to get to trial, and our lawyers can help assert your right to a speedy trial and object to unnecessary continuances.
Are Federal Drug Charges More Serious than State Charges in Pennsylvania?
State and federal drug charges generally also differ in severity. You likely won’t be charged and tried for simple possession at the federal level, unless it is for possession on federal property, but instead for more serious offenses like drug trafficking, which involves transporting or selling drugs across state lines.
Some of the most serious drug charges filed at the federal level are possible because of the Racketeer Influence and Corrupt Organizations Act (RICO). Federal prosecutors use this to go after alleged members of a criminal organization, like drug trafficking, who may face decades in prison.
Although federal drug charges are often seen as more serious than state charges, being convicted of a felony for possession with intent to deliver Schedule I, II, or III drugs in Pennsylvania can also have lifelong effects. Convicted felons lose the right to own a gun in Pennsylvania and face other long-term consequences because of a conviction on the state level, like difficulty getting hired or securing safe housing.
What Are the Differences Between Prison Sentences for Federal and State Drug Charges?
Sentencing for state and federal drug convictions varies in length. If you are convicted of possession with intent to deliver (PWID) in Pennsylvania, your potential sentence depends on the type of drug in question. PWID convictions involving Schedule I or II narcotic drugs like heroin or fentanyl have a maximum sentence of 15 years.
To avoid the maximum sentence for state criminal drug charges, our lawyers may negotiate a plea deal. Rather than risking years in prison, a defendant might plead guilty to a lesser charge, like simple possession. We use plea deals intentionally and advise defendants against accepting initial terms offered by the prosecution.
Federal drug convictions for manufacturing, distributing, or possessing with intent to distribute come with minimum prison sentences of five or ten years, depending on the drug and amount, even upon the first offense. The minimum sentence increases to 20 years if a federal drug case involves serious bodily injury.
Where Do Defendants Serve Prison Sentences for Federal and State Drug Convictions?
Not only do the lengths of sentences differ between state and federal drug convictions, but where defendants serve sentences also differ.
Being convicted of violating a Pennsylvania state law typically means serving your sentence in a state prison or even a county jail, whereas violating a federal law means serving your sentence in a federal prison. Not only are federal prisons often more intimidating, especially to first-time offenders, but they may be hundreds of miles away from friends and family, making visits that much harder.
Should You Defend State and Federal Drug Charges Differently?
We approach state and federal drug charges differently, despite having the same goal in mind of clearing a defendant’s name or mitigating the penalties they experience as much as possible.
State and federal drug charges differ, and there is no one-size-fits-all method for defending them. Federal drug charges often arise from drug trafficking enterprises, in which some defendants are coerced into participating. If a drug trafficking enterprise threatened you or your family and forced you to participate, tell our lawyers. Instead of taking your case to trial and defending the charges, we may be able to negotiate a plea to provide federal prosecutors with information about the enterprise.
Challenging how evidence is obtained may be more successful in a state drug case than a federal one. It’s more likely that state charges will be filed after an illegal search or seizure in Pennsylvania, such as during a traffic stop. If the state prosecutor’s case wholly relies on evidence found in an illegal search, they may be forced to drop the charges against you.
Call Our Defense Attorneys in Pennsylvania for Help Today
For a confidential case review, call the Doylestown, PA drug crime defense attorneys of Kenny, Burns & McGill at (215) 423-5500 today.
