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Facing any type of drug charge can be incredibly overwhelming. But when the charge is federal, you may find yourself even more concerned with how an arrest or conviction can affect the rest of your life.
What is a Felony Drug Charge?
Drug charges can be local, state, or federal. However, it’s not always clear what makes something a state or federal crime.
Typically, the majority of drug crimes are handled at the state level. However, a few factors can elevate a drug crime to a federal offense. When determining if it’s a federal crime, law enforcement will often look at:
- The quantity of the controlled substance in question
- Whether the person had intent to sell
- If the drugs were trafficked across state borders
It’s important to know that other seemingly “low-level” offenses can result in federal charges. Take, for example, someone smoking marijuana in a national park. If confronted by federal employees, you could be facing federal charges.
Common Defenses Against Felony Drug Charges
Being accused of a federal drug crime does not have to alter the course of your life. At Nick Lotito & Seth Kirschenbaum, well explore every defense option, including:
The legality of the drug search.
The 4th Amendment protects American citizens from an invasive search performed without a warrant and probable cause (though there are some exceptions). If an officer illegally searched your home, car, or personal effects, that could be cause to have your case dismissed.
Your knowledge of the illegal substance.
“Lack of knowledge of the illicit nature of a controlled substance” is an affirmative defense. Particularly if you were with a large group at the time of the arrest or controlled substances were found on someone else’s property (such as in the car you were a passenger in), it’s reasonable to believe that you had no knowledge of the crime committed.
Inaccurate lab testing.
Simply because something “looks” like a drug doesn’t mean that it is. When facing drug charges, the state must prove that the item(s) seized are, in fact, illegal to possess. Therefore, they will send it to a crime lab for analysis.
Convictions on federal drug charges are life-altering events for the defendant, and no one should ever assume that the claims of the court will stand in the face of questioning. Georgia residents facing federal charges should call Nick Lotito & Seth Kirschenbaum for comprehensive criminal representation.
Call (404) 471-3177 now for a free consultation for your federal case!