It’s important to understand the difference between federal and state crimes so that you can determine which court will handle your case and how much time you could face if convicted. In this blog post, we’re going to break down what makes a crime federal, so that you can understand the nuances of criminal law.

What is a Federal Crime?

A federal crime is any act that violates a United States federal law. These crimes are investigated by a federal entity, such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Agency (DEA).

Examples of common federal offenses include:

• Drug trafficking
• Wire fraud
• Bank fraud
• Mail fraud
• Counterfeiting
• Piracy
• Tax evasion
• Money laundering
• Possession of illegal weapons

Who Prosecutes Federal Crimes?

Federal crimes are prosecuted by attorneys from the Department of Justice (DOJ). These attorneys work with local prosecutors and law enforcement officers to investigate and prosecute cases that cross state lines or involve violations of US laws. The DOJ also has jurisdiction over certain types of civil cases such as antitrust violations or environmental protection regulations.

What Are the Penalties for Federal Crimes?

The penalties for committing a federal offense vary depending on the severity of the crime and whether it qualifies as a misdemeanor or felony offense. Federal sentences are partially determined by the Federal Sentencing Guidelines. The Guidelines are a complicated framework for determining sentences, so it’s important to retain an attorney experienced in Federal cases. Penalties for federal crimes can range from fines up to $250K and/or imprisonment for up to five years for misdemeanors to fines up to $1 million and/or imprisonment for up to 30 or more years for felonies. In some cases, the court orders individuals to pay restitution to victims as part of their penalty.

Additionally, all offenders sentenced to prison must serve supervised release periods following their incarceration during which they must comply with certain restrictions imposed by the court.

What Should You Do If You’re Facing Criminal Charges?

If you are contacted by federal law enforcement officials do not speak to them without consulting an attorney. You have a right not to speak with these officials, and it is always better to consult an attorney before you speak with these officials because it is very rare that federal law enforcement will stop pursing a case based on something you have told them.

If you are facing accusations of a federal crime, it is important to take immediate action. It is in your best interests to speak with an experienced criminal defense attorney as soon as possible. Your attorney can help you understand your legal rights and protections, the possible penalties you’ll face if convicted, and any potential defenses that may apply in your case.

Additionally, your attorney can develop an effective legal strategy for fighting the charges and protecting your rights. In some cases, your attorney may be able to negotiate with prosecutors to reach a favorable plea agreement or even have the charges dismissed altogether. It is important to remember that you are innocent until proven guilty and that you do not have to face these allegations alone. With the help of a skilled attorney, you can challenge the charges and fight for your freedom.

It is also important to be aware of the potential consequences of a federal criminal conviction. Depending on the type and severity of the offense, you could face years in prison as well as hefty fines and other financial penalties, such as restitution and court costs.

Furthermore, a conviction could also result in collateral consequences such as the loss of professional licenses and certifications, difficulty finding employment or housing, and more. With experienced legal guidance, you can work to protect your rights and minimize the potential impact of these allegations.

Speak to an Experienced Federal Crimes Lawyer

If you’re facing federal criminal charges, you must take the matter seriously and act quickly. Consulting with a qualified criminal defense attorney can be an invaluable resource in defending yourself against these charges and protecting your rights. With their help, you can fight for the best possible outcome in your case.

For more information or to schedule a consultation to discuss your situation, contact David Lindsey.

The Fair Sentencing Act was passed by Congress in 2010 and was expanded in 2018 to include compassionate release.

The original law increased the quantity of crack cocaine needed to trigger mandatory minimum prison terms.

Under the Fair Sentencing Act, people caught with five grams of crack cocaine must be sentenced to at least five years in prison but anything less than that does not automatically mean mandatory minimum prison time.

Before the Fair Sentencing Act, the mandatory minimum time in jail was 10 years.

Additionally, the Fair Sentencing Act eliminated the mandatory minimum sentence for first-time offenders found guilty of possession of less than half an ounce of crack cocaine.

Penalties vary for younger people. Federal law treats those aged 18 to 23 as juveniles. The federal law also means juveniles cannot receive life imprisonment or a death sentence.

The Act also:

• Established mandatory minimum penalties for drug offenders who have prior convictions
• Limited drug quantities that carry a five-year mandatory minimum penalty
• Limited circumstances where a court can impose a substantial assistance motion

What are the Benefits of the Fair Sentencing Act?

There are many benefits to the Fair Sentencing Act.

Obviously, the first benefit is that it offers leniency to first-time offenders and young offenders.

Additionally, it means people found with an amount of crack cocaine that’s likely only for personal use (it’s not enough to sell) won’t face the same penalties as those who intend to sell the drug.

Another benefit is that it reduces prison overcrowding.

Crack cocaine offenses are punished more harshly than powder cocaine crimes. The Act helps to reduce overcrowding in prisons by reducing the number of incarcerated individuals who are serving sentences for crack offenses.

Different forms of the same drug no longer result in harsher punishments.

The Fair Sentencing Act reduced the amount of crack necessary to receive a minimum penalty. This is good news for those who would previously have faced steep penalties, fines, and long prison sentences due to mandatory minimums.

Finally, since the majority of people arrested for crack offenses are African American, mandatory minimums resulted in vast racial disparities in the average length of sentences for comparable offenses. This means, in many cases, African Americans served as much time in prison for non-violent drug offenses as whites did for violent offenses.

The Fair Sentencing Act alleviates some of these disparities.

What are the Drawbacks?

As beneficial as the Act is, there are drawbacks.

For instance, the act only reduces the disparity between punishments for crack and powder cocaine crimes. It does nothing to reduce the penalties applied to crimes involving other drugs. Some want to broaden the benefits.

Some also believe that the Fair Sentencing Act increases the recidivism rate. Because so many people released from prison do not receive the support and resources needed to avoid committing further crimes, shortening someone’s sentence could lead to increased crime.

What benefits one person could create challenges for others and increase problems in the community.

If you or a loved one is seeking compassionate release from federal prison, we can help. We’ll schedule a consultation to discuss options and eligibility. If you are in need of an attorney for assistance with a new or ongoing compassionate release request, or any other criminal defense, post-conviction, or appeals issues, contact David Lindsey.

Selling Fake Drugs

Selling illegal drugs or selling legal drugs without the proper authority to do so is illegal. But what if you sell something that is not really a drug or that is not the drug you claimed it to be?

Can selling fake drugs get you into legal trouble?

Yes. It’s a plain and simple answer. Selling fake drugs is illegal. If you make the mistake of selling something you claim is a drug to an undercover officer or it is determined in any other way that you sold fake drugs, you can get into legal trouble. The fact that you were not selling an illegal substance won’t be enough to get you out of trouble.

You Can Be Charged with Fraud for Selling Fake Drugs

Just because you aren’t selling an illegal drug doesn’t mean you aren’t guilty of a crime. Selling fake drugs is fraud. Taking money based on false pretenses is fraud and is a crime. A successful fraud conviction requires prosecutors to show you intentionally and materially made false statements that were material to a transaction. You wouldn’t have received money for the item unless you lied about what it was.

Of course, if you sell fake illegal drugs to a random person or someone tries to buy a legal pharmaceutical from you for illegal use, they’re unlikely to report you. After all, they intended to commit a crime.

But if you sell fake drugs to an undercover law enforcement officer or informant could result in an arrest based on suspicion of fraud. In some cases, the act of trying to sell an illegal substance is also a crime. You could be looking at multiple criminal charges. The mere act of claiming you are selling something illegal, even if you are not, is a crime.

What about Legal Drugs?

The sale of legal prescription drugs is illegal when the person buying the drug does not have a prescription. The seller is also responsible if the buyer has no prescription. And if you claim a product is a legal prescription drug and it is not, you are committing a federal crime. The federal government regulates prescription drugs. Federal law prohibits the sale of counterfeit drugs, but the sale must involve interstate commerce. However, there are also state laws against the sale of counterfeit drugs, so you could still have a problem on your hands even if you did not travel out of state for the sale.

Furthermore, if you’ve conducted transactions online involving counterfeit drugs, you could face multiple serious charges for fraud and other crimes. All online drug sales are interstate commerce. This makes it a federal crime to sell counterfeit drugs.

For a more in-depth look at laws related to drugs and internet commerce, check out this information on the regulation of online pharmacies from Columbia University.

To learn more about drug sales in general, check out this information on pharmaceutical laws from HG Legal Resources.

What are My Defense Options If I’m Charged with Selling Fake Drugs?

You might have several options for defending against a fake drug sales charge. You and your attorney should discuss these options and determine how to proceed based on your situation.

Some of your options might include:

• If you had no intention of misleading anyone so there is no fraud. This doesn’t mean you’ll avoid penalties altogether, but the outcome might not be as severe because the prosecution will not be able to prove fraud. Fraud requires intent.
• If you did not know the substance in your possession wasn’t a drug, you can claim a lack of knowledge. This would be the case if someone sold you a product claiming it was a particular drug and you sold it based on this information and did not know you were a victim of fraud. Again, you could still face a penalty, but the fraud charges could be dropped under these circumstances.

Contact a Drugs Crimes Attorney

If you have been accused of selling fake drugs or you are facing drug charges of any kind, you need an attorney. Selling drugs, real or counterfeit, is a serious offense and you could face serious penalties including fines and prison time. You need a drug crimes legal expert to help you build your defense.

For more information or to speak to someone about your situation, contact David Lindsey.

CNN is announcing a new federal drug crimes initiative by various United States Attorneys offices in California. According to reports, the Federal Government intends to begin using various federal prosecution tools to target the “large, for-profit marijuana industry”. The article states: “Four U.S. attorneys — Benjamin Wanger, Andre Birotte Jr., Laura Duffy and Melinda Haag — detailed in a joint press release steps they had taken in conjunction with federal law enforcement and local officials in California.”

The enforcement actions apparently will include:” civil forfeiture lawsuits against properties involved in drug trafficking activity,” letters of warning to landlords and lien holders of places in which marijuana is being sold illegally and several criminal cases. The CNN article is here. http://www.cnn.com/2011/10/07/justice/california-marijuana/

This is a disturbing development from an administration headed by a president who campaigned in 2008 for the federal legalization of marijuana. It is unclear how this new initiative will play out in Colorado. Colorado has a much more regulated medical marijuana industry than California, but the language of the US Attorneys press release is very concerning for dispensary owners here in Colorado. Another concern is the vast amount of resources likely to be spent by the federal government prosecuting an issue the voters of various states have voted for.

More information about federal prosecutions of drug crimes can be found on my website.