- Winston-Salem, North Carolina
Drug crimes can be charged at both the state and federal levels, which sets them apart from many other crimes. The potential outcomes of a conviction depend on which court hears the case. Moreover, there are substantial differences in the organization and makeup of these two criminal justice systems. Let’s explore some of them in detail, including what separates these two systems, when it might be beneficial to move a case to federal court, and how an experienced criminal defense attorney can help.
The federal court system was established by Article III of the U.S. Constitution, which created the Supreme Court and empowered it to create lower federal courts. The Constitution also allows states to establish their own courts and to organize them as they see fit.
The federal courts are dedicated to hearing certain cases, including those that involve
The state courts, on the other hand, deal with most criminal cases, probate matters, intrastate contract issues, personal injuries, and family law issues, such as marriage and divorce.
Federal judges are nominated by the President and confirmed by the Senate, usually for life provided their continued good behavior. State-level judges may be elected, appointed for terms or for life, or a combination of these methods.
As a general rule, states enforce drug crimes that happen strictly within their territories, whereas federal law enforcement takes over when crimes cross state lines, occur on federal property, or are committed with the use of federal agencies.
| State Drug Crimes | Federal Drug Crimes |
|---|---|
| Generally involve drug crimes that happen strictly within North Carolina. | May involve conduct that crosses state lines, occurs on federal property, or is investigated by federal agencies. |
| Simple possession or low-level distribution are typically tried at the state level. | Drug manufacturing or large-scale distribution are more likely to result in federal charges. |
| Cases are generally handled in North Carolina state courts. | Cases are handled in the federal court system. |
| North Carolina sentencing laws apply. | Federal sentencing laws and guidelines apply. |
Many drug-related activities are criminalized at both the state and federal levels, including drug possession, drug manufacture, and drug trafficking. An alleged offender may face both state and federal charges for the same underlying act.
There are certain cases when both state and federal law enforcement have jurisdiction to bring criminal drug charges, but where the state defers to the federal government instead of trying the crime itself. This may be the case when:
Because state and federal drug crimes are separate offenses, they also carry separate penalties. As such, the same underlying act could result in substantially different sentences depending on which court hears the case. For example, possessing 28 or more grams of heroin is a Class C felony in North Carolina, which carries a minimum fine of $500,000 and a minimum prison sentence of 225 months (18 years, nine months). On the other hand, a defendant found guilty in federal court of possessing between 100 and 999 grams of heroin is subject to a mandatory minimum of just five years in prison.
In cases where charges could be tried in either state or federal court, it may be possible for a defendant to steer the case into one track or the other. There are several potential benefits to going the federal route.
North Carolina courts take drug crimes very seriously, and state minimum sentencing rules can make the penalties on conviction particularly severe. It’s not uncommon for a defendant to be looking at a mandatory minimum of 18 years and nine months in state prison on a conviction. An experienced criminal defense attorney could be able to reduce that to five to eight years in federal prison instead.
If you’ve been charged with drug crimes in North Carolina, it’s critical that you get help from an experienced drug crimes defense attorney. Depending on the circumstances, it might be better to move your case from state to federal court, a process that is incredibly difficult to complete without the relevant experience, background, and bar admittances. Greenwood Law is prepared to defend your rights and explore every option for securing the best outcome in your matter, whether that’s in North Carolina or federal courts. Contact us today for an initial consultation, and we’ll explain your options in detail.
