Anderson Federal Drug Lawyer

Federal drug crimes can lead to severe penalties that include long-term incarceration. If you face drug crime charges, you must work with a competent federal criminal attorney. Otherwise, you may not be able to avoid an unfair punishment.

An Anderson federal drug lawyer can help you navigate the case, collect evidence, and build a reliable defense. Having legal counsel is an integral part of achieving the desired case outcome. Call Ellis Hinton today for more information.

State Drug Offenses vs Federal Drug Offenses

The main differences between state and federal drug offenses include the following:

Jurisdiction

State drug offenses involve violations of state laws, such as possession or distribution of drugs within state borders. Meanwhile, federal drug offenses fall under federal jurisdiction and are prosecuted in federal court. They usually involve drug trafficking across state lines or international borders.

Severity of Penalties

State drug offense penalties can be less severe and may include fines, probation, or short-term imprisonment. Federal drug offenses can result in mandatory minimum sentences and long prison terms.

Controlled Substances Act (CSA)

States have their own drug schedules and regulations, which may differ from federal laws. Federal drug laws, including the CSA, apply nationwide. They take precedence over conflicting state laws under the Supremacy Clause of the U.S. Constitution.

While a state drug offense can be bumped up to a federal drug offense, a reverse rarely occurs. A skilled federal drug lawyer in Anderson must develop a comprehensive defense to reduce the potential penalty.

Types of Federal Drug Charges

Federal drug charges can vary depending on the circumstances of the case, the type of drugs involved, and your past criminal history. Usually, they include:

  • Drug manufacturing and distribution
  • Possessing a controlled substance with the intent to manufacture or distribute
  • Import or export of the drug
  • Running a drug house
  • Distributing drugs to minors
  • Conspiracy to traffic drugs

These drug charges are usually felonies. In some cases, they can be reduced to misdemeanors.

Common Defenses in Federal Drug Cases

Building a strong defense in a federal drug case requires an in-depth investigation of the circumstances of the arrest, collecting evidence, and finding witnesses. A dedicated Anderson federal drug attorney can leverage this information to work toward reducing or dropping the charges. The common defenses they may try are:

Unlawful Search and Seizure

If law enforcement violated the Fourth Amendment by conducting an illegal search or seizure without a valid warrant or probable cause, the court may exclude the evidence from the case.

Lack of Knowledge

Your lawyer may argue that you were unaware of the drugs or had no intention to distribute them. For example, this defense may apply if someone else planted the drugs on your property.

Entrapment

If law enforcement officers coerced or persuaded you into committing a drug crime, you would not have otherwise committed, entrapment can work as a defense. However, your legal team must prove that the government initiated the criminal act and pressured you into participating.

Talk to an Experienced Anderson Federal Drug Attorney Today

Extensive legal experience is the key to a strong defense in a federal drug case. At Ellis Hinton, LLC, we work hard to protect your rights and help you avoid severe punishment.

As former federal prosecutors, we know how to build a strong defense in a federal drug case. Our team is based in Greenville, servicing SC and beyond. Call our Anderson federal drug lawyers for a consultation today.