In addition to New Jersey state drug charges, certain drug charges are also punishable under federal law. Federal drug crimes, charges, and penalties are governed by a federal statute.
If you have incurred federal drug charges and are being accused of violating federal law, you need a criminal defense attorney on your side who is well-versed in federal drug laws and will be able to ensure that all of your legal and Constitutional rights are protected while your criminal case is pending.
An experienced drug lawyer will also be familiar with the potential penalties upon conviction and can review all of the facts and circumstances of your individual case with you and may be able to represent you in court.
Drug Possession LawsJust as with New Jersey state law, under federal law, a person may not knowingly or intentionally possess a controlled substance without a valid prescription that was issued by a physician, pharmacist, or other licensed healthcare providers. Some of the most common types of prescription drugs include the following:
- Oxycodone
- Adderall
- Valium
- Ritalin
- Vicodin
- Xanax
- Suboxone
- OxyContin
- Percocet
- Hydrocodone
Drug trafficking is a fancy way of saying drug dealing and also encompasses manufacturing, distributing, dispensing, and possessing controlled drug substances.
Federal drug trafficking convictions may result in severe penalties, including lengthy periods of incarceration and hefty fines. However, these penalties can increase if the distribution or sale is made by an adult to a minor (i.e. someone under the age of 21) or if the sale occurs in an area where children are likely to be present, such as at a school playground.
Conspiracy Drug ChargesFederal law also criminalizes conspiracy in the drug context. In order for there to be a criminal conspiracy of any kind, there must first be an express or implied agreement between two or more individuals to carry out a specific criminal end. In the drug context, the prosecution must prove that two or more people agreed to commit a violation of federal drug law.
The burden of proof is ‘beyond a reasonable doubt’ – or beyond a doubt based upon ordinary reason and common sense.
Continuing Criminal Drug EnterprisesA criminal enterprise usually consists of one or more individuals who profit from supervising five or more people through a series of drug transactions. A conviction for engaging in a continuing criminal drug enterprise may result in a harsher penalty than a drug conspiracy conviction.
Sale of Drug ParaphernaliaSelling drug paraphernalia is punishable under federal law, in addition to state law. Some common examples of drug paraphernalia include the following:
- Bongs or pipes that are used to smoke marijuana or crack cocaine
- Plastic baggies that are used to hold, carry, transport, or distribute drugs
- Grinders that are used to crush marijuana
- Scales that are used to measure drugs, such as marijuana and cocaine
- Equipment that is used to make crystal meth
Federal drug charges are serious business, and the potential penalties upon conviction can be severe. Depending upon the facts and circumstances of your case, as well as your prior criminal record, an experienced criminal defense attorney may be able to help you obtain a dismissal of your case, a charge reduction, or the opportunity to participate in a pretrial intervention program.