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Federal Drug Crimes

When you are facing drug charges, working closely with an attorney who will explain clearly all your rights, options and potential consequences can help to ensure that you make decision that are in your best interests. Contact our firm today to schedule a consultation and case evaluation with an experienced criminal defense attorney.

How Will Drug Charges Affect You?

At Tad Nelson & Associates in League City, we represent people throughout Texas who are facing drug charges. In a crowded legal profession, our ability to combine big city experience and small town values sets us apart.

Below, we have included some general information about drug crimes in Texas. However, for advice specific to the circumstances of your own case, please contact us directly to speak with a board-certified* criminal defense lawyer.

*The Texas Board of Legal Specialization certifies attorneys in 20 specific areas of law; certification in any of these areas requires substantial demonstrated experience and skill, positive peer evaluations, ongoing legal education commitments, and the passage of a rigorous test.

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Attorney Tad Nelson is committed to defending the rights of people in the Houston and Galveston metro areas who face drug charges. He is board certified* in criminal trial law and as a drug recognition expert.

Drug charges could have a serious effect on the rest of your life. If you are facing drug charges, call 281-6667-4579, toll-free 866-550-8295 or contact us online today.

Federal Drug Crimes

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, contact Tad Nelson & Associates in League City, Texas, to schedule a consultation with a criminal defense attorney for advice on the law, your rights and how to proceed.

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 five 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 or within a school or playground zone; 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, or engaging in activities prohibited by the Racketeer Influenced and Corrupt Organizations Act (RICO).

Federal Sentencing Guidelines

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 sentencing guidelines, they must still stay within the mandatory minimum and maximum terms specified by statute. Where the offense occurs in a school or other protected zone, penalties may be enhanced.

Contact a Criminal Defense Attorney

Drug crimes can be charged and prosecuted under federal law, state law or both. Because federal drug crimes can carry significantly harsher penalties, it is important to contact a lawyer who is familiar with both federal and state drug laws. Contact Tad Nelson & Associates in League City, Texas, today to schedule a consultation with a criminal defense attorney who can explain the intricacies of both systems and vigorously represent your interests.

Copyright © 2012 FindLaw, a Thomson Reuters business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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