Drug Crimes

Federal Drug Crimes - An Overview

The Comprehensive Drug Abuse Prevention and Control Act of 1970, also known as the Controlled Substances Act, classifies narcotics, marijuana and other drugs into five categories, or Schedules. Besides establishing requirements relating to manufacture and distribution of drugs, the law also defines penalties for violations of the Act. Depending on the nature and quantity of the substance involved, as well as the presence of sentence-enhancing factors, the criminal penalties can be severe. If you are facing federal drug charges, aggressive representation is needed to fight the often harsh mandatory minimum sentences given in drug cases in Federal court

Offenses at the Federal Level

Federal drug offenses differ from those at the state level, even though the conduct in question might be the same. In defining crimes, Congress' authority comes from its Constitutionally-granted powers over the areas of commerce, taxation and the postal service.

Some of the drug crimes under the Controlled Substances Act include:

Drug trafficking: manufacturing, distributing or possessing with the intent to distribute illicit drugs

Manufacturing: operating places for the purposes of manufacturing, distributing, or using illicit drugs, or endangering human life while so doing

Continuing criminal enterprise crimes: trafficking in illicit drugs by a person in concert with 5 or more other persons

Conspiracy: involves attempts and the promoting and facilitating of manufacture, distribution, or importation of illicit drugs

Protected location offenses: distributing illicit drugs to persons under age 21, within a school or playground zone, and employing persons under age 18 in drug operations

Simple possession: possessing controlled substances without a valid prescription from a licensed medical practitioner. Unlike trafficking, simple possession does not involve intent to distribute the drugs.

Other drug offenses under the Act include investing illicit drug profits in businesses affecting interstate commerce and unauthorized importation of controlled substances. The Drug Enforcement Administration (DEA) enforces the federal controlled substances laws and regulations.

In addition, drug crimes at the Federal level may include violations of tax law, such as tax evasion and the Racketeer Influenced and Corrupt Organizations Act (RICO).

Sentencing under Federal Law

Federal drug laws specify minimum and maximum terms of imprisonment, based on the type and quantity of drug involved. Likewise, under the Federal Sentencing Guidelines, these factors are taken into account, along with:

Whether the offense involved injury to another person

Whether a weapon was possessed or used

The defendant's criminal history

While judges have discretion to depart from guidelines, they must still stay within the mandatory minimum and maximum terms specified by statute, unless they are provided a means by which to ignore the mandatory terms. Where the offense occurs in a school or other protected zone, penalties may be enhanced.

Texas Drug Crimes

Drug prosecutions in Texas are as prevalent as DWI cases. With its close proximity to the Mexican border, Texas is a hotbed for drug traffickers and dealers. With that crime comes the involvement of the local District Attorney’s offices. Although local prosecutors do not routinely handle the large-scale drug trafficking seen in Federal Court, there are two areas in which state prosecutors often become involved; lower level possession and distribution cases, and drug forfeitures.

Virtually all of the drug offenses in Texas are contained within the Controlled Substances Act, located in Chapters 481 through 486 of the Texas Health and Safety Code. Prosecutions in Texas State Courts for drug crimes generally depend upon the type of drug involved, the amount, and the action taken with the drug.

The types of drugs are classified into Penalty Groups, of which there are five. The Penalty Groups generally relate to the relative seriousness of the drug. For example, cocaine is located within Penalty Group 1, whereas prescription drugs might be classified in a lower group, such as Penalty Group 3.

In addition to the type of drug involved, another issue becomes the amount. Just as with Theft-type cases, an increasing amount of drug results in an increased range of punishment if convicted. For example, possession of a Penalty Group 1 drug such as cocaine in an amount of less than one gram is a State Jail Felony with a range of punishment of between 180 days and two years in the State Jail. However, possession of cocaine in an amount of more than 400 grams can result in a potential life sentence.

Additionally, it is important to consider the action taken with the drug. In addition to simple possession of a drug, a person might be charged with Manufacture, Delivery or Possession with Intent to Deliver a drug. The range of punishment can be affected with the manner in which a person is charged with a drug case in Texas.

All of these issues are important when it comes time for sentencing. State court is vastly different than Federal court because the harsh mandatory minimum sentences associated with Federal Drug Crimes is not present in State courts.

In addition to the prosecution of such drug cases, local prosecutors are very involved in forfeiture proceedings associated with drug cases. A forfeiture proceeding is authorized by statute.

Texas Code of Criminal Procedure Article 59.02 provides for the forfeiture of contraband. Contraband is defined as property of any nature,including real, personal, tangible, or intangible, that is used in the commission of any first or second degree felony of the Penal Code, any felony under Section 15.031(b) (Criminal Solicitation of a Minor, 20.05 (Unlawful Transport), 21.11 (Indecency with a Child), 38.04 (Evading Arrest), Subchapter B of Chapter 43 (Obscenity), or Chapter 29 (Robbery), 30 (Burglary and Criminal Trespass), 31 (Theft), 32 (Fraud), 33 (Computer Crimes), 33A (Telecommunications Crimes) or 35 (Insurance Fraud) of the Penal Code; any felony under the Securities Act; or any offense under Chapter 49 (Intoxication Offenses) of the Penal Code this is punishable as a felony of the third degree or state jail felony, if the defendant has been previously convicted three times of an offense under that section.

Artice 59.02 also provides for forfeiture in cases of any felony of Chapter 481 of the Health and Safety Code (Texas Controlled Substances Act); any felony of Chapter 483, any felony under Chapter 153 of the Finance Code; any felony under Chapter 34 of the Penal Code (Money Laundering); a Class A misdemeanor under Subchapter B, Chapter 365 of the Health and Safety Code if the defendant was previously convicted twice of such an offense; any felony under Chapter 152 of the Finance Code; any felony under Chapter 32 of the Human Resources Code.

Many times, a forfeiture is granted to the State because the defendant failed to ensure their rights were not violated through a default judgment. A forfeiture proceeding is a civil matter, and as a result, requires different representation than in a typical criminal case. For example, a defendant must file an answer, or a written response with the court contesting the viability of the State’s forfeiture petition. If this is not done on time, it can result in a default judgment and the State taking the possessions, even if the items taken were not illegally obtained.

To ensure your rights are not violated in the prosecution of either Federal or State Drug Cases, call the Matlock Law Firm. Aggressive representation is needed to protect against the harsh mandatory minimum sentences of Federal Court and the punishment and forfeiture available in State courts.

Fort Worth Drug Defense Attorney/ Tarrant County Drug Lawyer/ Federal Drug Defense Attorney/ Asset Forfeiture Attorney/ Texas Drug Forfeiture Defense Lawyer/

The Purpose of the Firm

Federal Criminal Defense

Texas Criminal Defense

Federal Appeals

Texas Appeals

Post-conviction Writs

Practice Areas