Fighting Possession Charges in Federal Court

Fighting Possession Charges in Federal Court

Many drug possession charges are processed in Alabama state court, but these charges can also be filed by federal authorities. The Drug Enforcement Agency (DEA) is the primary organization that investigates federal drug offenses, and they can turn over evidence to the Department of Justice (DOJ), which can file charges. These cases will then be heard in federal court, which in Montgomery would be the United States District Court for the Middle District of Alabama. 

There are many differences between the federal and state criminal justice systems, and one important difference is that penalties for convictions can be harsher in federal court. However, you still have important rights in federal court, including the right to have an experienced Montgomery federal criminal defense attorney defending you against your charges. 

Drug Possession Charges

Federal agencies are usually most focused on targeting drug traffickers for larger organized schemes, but in the process of these or other investigations, they can make arrests for drug possession. It is a violation of the Controlled Substances Act to possess any amount of any listed substance without a valid prescription or authority. Even though many states have legalized marijuana possession, this is still included as a controlled substance under federal law.

The penalties for federal simple possession convictions will depend on your prior criminal record, as follows:

• First drug-related offense = Up to one year in prison and $1,000 fine
• With one prior drug-related offense = Up to two years in prison with a 15-day mandatory minimum and $2,500 fine
• With two or more prior drug-related offenses = Up to three years in prison with a 90-day mandatory minimum and $5,000 fine

Keep in mind that prior offenses do not have to stem from federal charges. If you have a conviction for state-level possession from 15 years ago, federal prosecutors can use that as a prior offense to escalate your charges and penalties. Further, the mandatory minimum prison sentences cannot be waived, so if you face possession charges with a prior conviction, you will be spending at least 15 or 90 days in federal prison. There is also no chance for parole for early release from a federal sentence.

As you can see, it is highly important to avoid even a first drug possession conviction whenever possible. You need the right defense representation from the very start. 

Defending Against Federal Charges

The general process and court rules are different in federal criminal court than they are in state court, and federal cases tend to be more complex. It is critical that you have an attorney with extensive experience in federal court and who understands how federal prosecutors and judges work. 

Contact a Montgomery Federal Drug Crime Defense Attorney Right Away

Do not risk a wrongful conviction or an overly harsh penalty for federal drug charges. Always contact the Law Office of Richard F. Matthews, Jr, Attorney at Law, as soon as you are arrested or suspect you might be under an investigation. Contact us or call 334-398-8408 to discuss your case today.