Yes. 21 USC § 841 generally criminalizes the manufacture, distribution, dispensing, or possessing with the intent to sell, any controlled substance. The seriousness depends on several factors including if you have any [...]
Possibly. The federal sentencing guidelines, which influence sentences, have over fifteen (15) categories of drug sale categories based on what drug and how much of it is sold. Near the lower end [...]
While there are many factors that will go into the final determination, there are mandatory minimum sentences that apply in some circumstances where drugs are sold. There is a mandatory five (5) [...]
Not necessarily. The “No Excessive Fines” clause of the Eighth (8th) Amendment does prevent the government from requiring asset forfeiture that is “grossly disproportional to the gravity of the offense”. What that [...]
Whereas state cases may include one or two controlled sales to a confidential informant, federal cases tend to be very detailed and involved. Often, they will involve extensive wiretapping, where federal agents [...]
Yes. Because both the state and federal governments are separate sovereigns, you may be charged by each, as well as ultimately convicted and sentenced by both. This has nothing to do with [...]
Because federal cases tend to involve higher amounts of drugs, and longer sentences, it is usually better to avoid federal prosecution, if possible. Also, state prison sentences for drugs tend to have [...]
Yes, however, this requires cooperation. A cooperating witness with the government can receive a downward departure from the mandatory minimum sentence. If the government makes a “5k downward departure motion”, a judge [...]
The Safety valve exception allows an additional two-point guideline reduction if you: Do not have more than 1 criminal history point. There was no violence or allegations of a gun. No one [...]
