The American government has been
serious in its anti-drug crusade ever since the 1970s. This was just after the
excesses of the 60s when society was just coming to terms with the darker side
of drug addiction. A federal drug charge
is a serious criminal matter. Crimes under federal law can carry more
preponderant penalization than under state law, with numerous sentence
enhancing factors and no possibility of parole. They require a great deal of
review and preparation.
If you are apprehended or charged with
a federal drug crime, be it distribution, manufacture, or possession, it is important
to call an experienced federal defense attorney experienced with representing
drug cases in your state. Drug trafficking incurs harsh penalties predicated on
federal law makes it illicit to intentionally or knowingly distribute
controlled drug substances such as marijuana, cocaine, methamphetamine,
oxycodone, heroin or crack.
Punishments
Punishment for a federal drug crime is
determined by the Federal Sentencing Guidelines, a complex system that takes
into account and gives weight to various factors of the case and the accused.
The two primary factors are the conduct associated with the offense and the
defendant's prior criminal history, if any.
The punishment for drug possession depends on the amount seized. There are indispensable minimums set by the federal statutes governing drug malefactions, though prosecutors may seek any sentencing up to the maximum penalty possible or a sentence within the Federal Sentencing Guidelines - that is where the importance of legal representation comes in. The general sentence of 10 years to life will be given for one or more kilograms of heroin, 10 or more grams for Lysergic Acid Diethylamide (LSD), 1,000 or more kilograms of marijuana, 5 or more kilograms of cocaine, and 50 or more grams of methamphetamine.
Factors
The Federal
Sentencing Guidelines for drug trafficking impose both minimum and maximum
penalties for those convicted of a drug trafficking crime. Factors that
influence penalties for drug possession – aside from indispensable minimum
sentences – include the defendant's past record, the amount and type of drug.
Some states have efficaciously decriminalized possession of marijuana, making
it a simple infraction (not unlike a traffic ticket), while possession of crack
cocaine once carried the most astringent penalties in most states. Depending on
a given state's sentencing rules, judges have a certain degree of discretion
and can impose sentences ranging from fines, community service and probation to
lengthy prison sentences.
If you are dealing with a drug offense in New Jersey,
then contact Joel Silberman. He assists individuals who have been convicted
with a drug offense in federal court.
Contact
Details
Joel Silberman: Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at joel@joelsilbermanlaw.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visit http://www.joelsilbermanlaw.com/ for more information.
