According to the Atlanta Journal Constitution, an Atlanta man was wanted as of March of 2017 for federal drug trafficking. The 39-year-old man was one of five people wanted in the Chatham and Savannah Counties charged after a year-long FBI investigation. The man is accused of trafficking cocaine. Other people wanted in connection with the… Read More
Drugs
How the Federal Government Can Prosecute for Marijuana Crimes
Enforcing marijuana laws might be one of the most complex issues in the United States criminal justice system. With more and more states legalizing marijuana, enforcing laws where it is still illegal becomes complicated with practical concerns, and enforcing federal drug laws in states that have legalized the drug can be politically awkward. However, this… Read More
Categories of Drugs in the Controlled Substances Act
As if getting charged with a crime were not frustrating or confusing enough, many federal crimes can also be prosecuted at the state level. When illegal activity falls within the concurrent jurisdiction of the federal and the state government, the federal government has the option of taking the lead and prosecuting it. However, they can… Read More
What Do I Do If I Am Caught with an Ounce of Marijuana?
“What Do I Do If I Am Caught With An Ounce Of Marijuana?” This question is no longer nearly as clear-cut as it once was. As public opinion (and subsequently the laws) about marijuana possession are currently changes, it can be confusing to know how much (if any) marijuana you can lawfully hold, and what… Read More
Is There a Way to Avoid Mandatory Minimum Sentences
The definition of a minimum mandatory sentence is a minimum prison sentence that a judge must impose. This type of sentence is used for specific crimes, and the judge is required to impose the sentence without considering any mitigating circumstances. In US federal court, there are only two two ways for an individual facing a… Read More
Are Judges Required to Respect a Plea Agreement?
The procedures of the criminal justice system are long and complicated. That’s the very thing that makes them so expensive. When it comes to plea agreements, they aren’t just used in order to make things easier for all parties concerned, but to avoid the expense that a lengthy trial can bring. Judge Roles The short… Read More
How States are Able to Legalize Marijuana
Regardless of whether or not marijuana is legal at the Federal level, states have the right to make their own laws regarding the substance. The tenth amendment of the Constitution of the United States assures that states have powers not previously delegated to the Federal government. In the case of the regulation of marijuana, that… Read More
Could Commonwealth v. Newman Affect Your Federal Drug Case
If you’re currently facing federal drug charges, there’s a chance your attorney has mentioned a recent Pennsylvania Superior Court decision in a case called Commonwealth v. Newman. Could this ruling affect your federal drug case? Let’s break it down and discuss. Looking at The Background To understand the potential impact of Commonwealth v. Newman on… Read More
Search and seizure defenses should be examined in drug arrests
Undercover narcotics officers may set up sting operations around an alleged drug transaction. That effort often culminates in a search and seizure. Yet as a criminal defense attorney knows, there are a myriad number of ways that a suspect’s constitutional rights might be violated during a search. In a recent example, a witness to a… Read More
Agency will retroactively apply new federal drug crime policy
One of the frustrations in preparing a strong criminal defense for federal drug charges can be the intersection between state and federal laws. If the latter are invoked, federal mandatory minimum sentencing guidelines may result in much higher penalties. Some criminal justice advocates have questioned whether those guidelines offer enough flexibility to judges to tailor… Read More