Anyone who is facing federal drug or weapon charges is in serious trouble that could affect the rest of their life. There are many similarities between state and federal courts, but there are also some significant differences. Retaining a defense lawyer in Lancaster County, PA with previous federal court experience is definitely in the defendant’s best interests.
Federal Drug and Weapon Charges
If someone could be facing either state or federal charges, the federal case takes precedence.
- In a drug case, the federal charges primarily concern bringing illegal drugs into the U.S. or across a state line. Possession, sale and manufacture or cultivation are often charged.
- Federal weapons charges include interstate weapons transportation charges as well as illegal sales and possession and using a weapon in a crime.
In addition to drug and/or weapons charges, a defendant in federal court can also be facing RICO (Racketeer Influenced and Corrupt Organizations) charges and tax evasion charges.
- RICO charges are used against anyone believed to belong to a street gang.
- The tax evasion charge alone could mean years in prison.
Federal Penalties
Federal crimes typically carry much more severe penalties that would apply in a state court. A first time offender in a state court would usually be treated much more leniently than in federal court. Even someone who had never been arrested before could end up spending many years in a federal prison. There are many federal mandates imposing lengthy mandatory minimum sentences.
There is also a substantial difference between early release possibilities in federal and state prisons. In a federal prison, don’t plan on getting out of prison early. It’s possible, but far less likely than in a state prison.
The Feds Always Intend to Win
In a state court, the prosecutor may have one thick file detailing the evidence against you. In a federal court, expect boxes of evidence found during discovery. Various agencies may have worked on the case, such as the DEA, ICE, FBI, ATF, IRS and others plus state law enforcement. Federal prosecutors try to get a conviction on every possible charge.
If you’re facing federal criminal charges, it’s imperative that you have a defense lawyer in Lancaster County, PA who will fight aggressively for your rights. At the law offices of Melissa R. Montgomery, you’ll find an attorney with experience defending drug and weapon cases in federal courts.
