Federal Drug Charges

Drug charges in any state court in Florida can result in significant fines and prison sentences, but the consequences can be even more severe if a person is charged with a drug crime in federal court. It is critical for any person accused of these types of charges to immediately begin working with a knowledgeable criminal defense attorney who has proven experience in federal courts.

In these types of cases, the prosecution often has more time and more resources to devote to cases. The prosecutors are United States Attorneys who are often armed with evidence that federal agencies may have been compiling against you for weeks, months, or even years.

If you are being charged with a drug crime on the federal level, you should not waste any time in seeking legal representation. Roelke Law represents clients throughout the Jacksonville area, including communities in Clay County, Duval County, Nassau County, and St. Johns County.

Bill Roelke has more than two decades of legal experienced and he is admitted to practice in United States District Courts in the Northern, Middle, and Southern Districts of Florida. He can review your case to evaluate your legal options when you call (904) 354-0333 or send us an online message to schedule a free, confidential consultation.

• Which types of drug crimes can result in federal charges?
• How are different drugs classified under federal law?
• What are the consequences if a person if convicted?
• What defenses does an alleged offender have against these charges?

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A drug crime may result in federal charges if the offense occurred on federal property or the case involved a federal agent. In most cases, federal charges are brought in cases involving large amounts of controlled substances. Some of the specific federal charges include:

• Trafficking
• Possession
• Manufacturing
• Cultivation
• Distribution
• Distributing materials
• Delivery
• Importation or Exportation (Smuggling)
• Conspiracy
• Fraud
• Racketeering
• Laundering Money from Controlled Substance Violations
• Tax Offenses

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The passage of the Controlled Substances Act (CSA) in 1970 established a federal drug policy, and the legislation divided drugs that are considered controlled substances into five categories or “schedules.” The Drug Enforcement Administration (DEA) and the Food and Drug Administration (FDA) are the agencies that are responsible for determining which drugs get added, removed, or transferred from one schedule to another. The five schedules and some of the controlled substances in them include:

• Schedule I — Drugs, substances, or chemicals that are defined as having no currently accepted medical use and a high potential for abuse. These are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence. Examples include: Heroin, lysergic acid diethylamide (LSD), marijuana (cannabis, marihuana, pot, or weed), methylenedioxymethamphetamine (MDMA or Ecstasy), 3,4- gamma-Hydroxybutyric acid (GHB), methaqualone, peyote, mescaline, psilocin, and psilocybin.
• Schedule II — Drugs, substances, or chemicals that are defined as having less abuse potential than Schedule I drugs but still high potential for abuse. Usage may potentially lead to severe psychological or physical dependence. Examples include: Cocaine, methamphetamine (Desoxyn®), methadone (Dolophine®), hydromorphone (Dilaudid®), meperidine (Demerol®), oxycodone (OxyContin®, Percocet®), fentanyl (Sublimaze®, Duragesic®), Dexedrine®, Adderall®, methylphenidate (Ritalin®), codeine, morphine, opium, and pentobarbital.
• Schedule III — Drugs, substances, or chemicals that are defined as having a moderate to low potential for physical and psychological dependence. Examples include: Combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin®), products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine®), ketamine, anabolic steroids (Depo®-Testosterone), testosterone, benzphetamine (Didrex®), buprenorphine (Suboxone®), and phendimetrazine.
• Schedule IV — Drugs, substances, or chemicals that are defined as having a low potential for abuse and low risk of dependence. Examples include: Alprazolam (Xanax®), carisoprodol (Soma®), propoxyphene (Darvon, Darvoset), diazepam (Valium®), lorazepam (Ativan®), pentazocine (Talwin), zolpidem (Ambien®), clonazepam (Klonopin®), clorazepate (Tranxene®), flunitrazepam (Rohypnol), midazolam (Versed®), phenobarbital, temazepam (Restoril®), and triazolam (Halcion®).
• Schedule V — Drugs, substances, or chemicals that are defined having a low potential for abuse and low risk of dependence. Examples include: Cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC®, Phenergan with Codeine®), diphenoxylate (Lomotil), difenoxin/atropine (Motofen®), pregabalin (Lyrica), Parepectolin®, and retigabine (ezogabine).

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One of the most frequent federal charges relating to drug offenses is trafficking. This crime may involve any combination of other offenses, including distribution, possession, manufacturing, or smuggling. According to the DEA, these are the federal penalties for trafficking:

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Working with a skilled Jacksonville attorney can help you explore all of your defense options, as there may be several ways to attack the prosecution’s evidence. Some of the possible ways that you may be able to defend yourself can include, but are not limited to:

• Coerced confession
• Crime lab analysis errors
• Drugs belonged to someone else
• Entrapment
• Evidence obtained by informant with ulterior motives
• Illegally obtained or utilized search warrant
• Incorrect drug quantity
• Lack of evidence
• Legal prescription for drugs in question
• Mistaken identity
• No intent to sell or distribute drugs
• No probable cause
• Planted evidence
• Unknowing possession
• Unlawful search and seizure

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You should contact a criminal defense attorney as soon as possible if you are facing federal charges for a drug crime. Roelke Law fights to defend clients all over the Jacksonville area, including such communities as Callahan, Green Cove Springs, Hilliard, Middleburg, Orange Park, and St. Augustine.

Immediately out of law school, Bill Roelke gained invaluable experienced while serving as a clerk for famed federal judge Anthony A. Alaimo. He now fights to defend clients against federal charges in United States District Courts throughout Florida, and he can evaluate your own case during a free consultation when you send us an online message or call (904) 354-0333 today.