Facing federal drug possession charges is a serious matter that could result in a mandatory prison sentence; keep reading to learn more.
Federal Drug Possession Charges
Any drug possession accusation is serious, even at the state level the consequences can be harsh, but federal drug possession charges put the accused in a dire situation. Drug possession charges are taken to the federal level when the supposed drug possession involves numerous states. Charges can also be filed at the federal level if the alleged possession occurred in one state but federal agents assisted state agencies, or if the alleged offense was severe.
Drug possession is a crime that happens when a person intentionally and knowingly has illegal drugs or controlled substances in their possession. New Jersey’s drug possession laws cover different types of drugs including:
- Marijuana
- Heroin
- Cocaine
- Methamphetamines
- LSD
- Fetanyl
New Jersey’s drug possession laws also ban the possession of drug paraphernalia and the illegal possession of prescription drugs. Depending on the type of drug, the amount of the drug found in the accused’s possession, and other factors like whether this is a first time offense or if intent to distribute the drug can be found, the degree of the crime is established.
Federal Drug Possession: What to Expect if You’re Charged
If you’re charged with federal drug possession, expect that your life is going to change whether you’re convicted or not. Also, you cannot expect to face these charges alone, it is crucial that you secure the assistance of a qualified, experienced criminal defense attorney. The difference between prison and a reduced sentence can be reflected in the representation you receive from your attorney.
Navigating federal drug possession charges is complex as there are a lot of details and procedures that must be covered before the ultimate guilty or not guilty verdict is made. Below is a step-by-step guide to understand the process:
- The Arrest: Following an investigation, you may be arrested by federal agents (DEA, FBI, etc.), especially if they were working with state officials on the case. Federal agents are generally the arresting authority when it comes to federal charges. A formal arrest will take place where you will be taken into custody and processed (mugshot, fingerprints, etc.).
- Initial Appearance and Bail Hearing: Within two to three days of arrest, you will appear before a federal magistrate judge who will read the charges against you, advise you of your rights, and determine if bail is a possibility. Depending on the severity of the alleged drug crime, bail may be granted or you may be detained if you’re considered a flight risk or danger to your community.
- Arraignment: This is a formal court appearance where you enter your plea; if you plead not guilty, the case moves on from here. After the arraignment, your attorney will receive the evidence that the prosecution has against you and begin crafting your defense.
- Pre-Trial/Trial: In pretrial, your attorney may request a plea bargain or file motions to dismiss charges. If neither of these things happen, the next step is going to trial. Going to trial means a jury is selected, evidence is presented, witnesses are examined, and the information is placed in the hands of the jury to deliberate on and make a decision.
- Sentencing: If you are convicted, or you plead guilty, your sentence is determined by the judge. Federal drug possession charges are guided by the Federal Sentencing Guidelines. Possession charges without the intent to distribute carry less severe penalties, but the sentences can still be drastic.
Federal drug possession charges in New Jersey result in harsh penalties depending on the type of drug, whether you intended to distribute the drug, how much of the drug you were found with, and whether this is your first offense.
- A first offense of simple drug possession can result in up to one year in jail and a minimum fine of $1000.
- A second offense results in up to two years in jail (mandatory 15 days in jail) and a fine of up to $2500.
- A third, and any subsequent offenses, for simple drug possession mean a mandatory 90 day jail sentence and up to 3 years in prison, along with a fine of $5000.
How to Prepare to Face Federal Drug Possession Charges
The best way to prepare if you are facing federal drug possession charges is to retain the assistance of a knowledgeable, trustworthy criminal defense attorney, like those at the Law Offices of Robert J. DeGroot. You’ll need an attorney on your side who understands the process and can guide you through it, all while explaining the details to you. Discussing defense strategies and understanding the potential consequences of the charges against you can also be better understood through the help of your attorney.
If you are facing federal drug possession charges, contact the Law Offices of Robert J. DeGroot today!
