Get Knowledgeable Answers To Federal Drug Crimes Questions
At The Law Office of Jeffrey Chabrowe, our practice is entirely focused on criminal defense at the state and federal level. If you’re facing a drug crimes prosecution in federal court, you need to understand what you’re up against and how an experienced attorney like Jeff Chabrowe can help.
On this page, we’ve provided answers to some common questions we receive from clients regarding federal drug charges. After reading, you can contact our firm to discuss your own case during a free initial consultation.
What drug crimes are federal charges?
Most drug crimes can be charged at the state level, the federal level or both. If you are charged with simple possession, that will very likely be a state charge. If you are accused of a more serious felony offense, however, like drug manufacturing, drug conspiracy or drug trafficking, it very well could be a federal case.
One factor that commonly elevates a state drug case to a federal one is if the drugs or drug activity crossed state lines. Other common factors include the quantity of drugs, the size of the alleged conspiracy and whether controlled substances were transported through the use of the U.S. Postal Service.
Each case is unique, and you may not know right away whether you’ll be prosecuted by the state or the federal government. The safest course of action, then, is to hire an attorney with substantial experience in both state and federal court. Jeff Chabrowe is one such attorney.
Can you beat a federal drug charge?
Yes, it is possible, depending on the facts of the case. Search and seizure violations are one common defense. The Fourth Amendment protects each of us against unreasonable search and seizure by law enforcement. If police/investigators searched you without a warrant and without probable cause, we can petition the court to suppress the evidence discovered during the illegal search. That would mean it could not be used to convict you.
You likely won’t know your specific defense options until you consult with an experienced attorney like Mr. Chabrowe. He can analyze your case based on more than two decades of criminal law experience – including experience as a former prosecutor.
What’s the difference between federal and state drug charges?
There are numerous differences, but we will discuss two especially significant ones. First, the sentences in federal drug cases are typically harsher than if the same crime had been charged in state court. Mandatory minimum sentences are often a factor.
Second, the federal government has seemingly endless resources when it comes to investigating, charging and trying criminal defendants. This is not to say that it is easy to beat a state charge – it isn’t. But in federal court, the power disparity between the government and the accused is even greater. Therefore, you need an attorney who will aggressively defend your rights and will strategically dismantle the government’s case wherever possible.
Is evidence from wiretaps allowed in court?
Yes, it is, in both state and federal court, so long as law enforcement gathered the evidence without violating a person’s Fourth Amendment rights and meets other important criteria. Typically, law enforcement must obtain a warrant before surreptitiously listening in and recording the conversation (or other means of communication).
Wiretaps are very common in federal drug cases. If your case involves the use of wiretap evidence, your attorney will want to carefully scrutinize the evidence to determine if it contains information that could be considered exculpatory (showing your innocence), or information that does not support the conclusions drawn by prosecutors.
What can I do to fight federal drug charges?
The most important decision you will make in fighting federal drug charges is who you hire as your attorney. You need a lawyer with significant experience – preferably on both sides of the courtroom – and a strong track record of success on behalf of clients. Your attorney should also feel very comfortable taking cases to trial in a federal courtroom. You can find all of these qualities and more by contacting attorney Jeff Chabrowe.
Get Started Immediately On Your Drug Crimes Defense
Based in Manhattan, The Law Office of Jeffrey Chabrowe serves clients throughout the surrounding areas of New York. To take advantage of a free initial consultation about your charges and legal options, call us today at 212-235-1510 or submit an online contact form.