There are several reasons why drug charges might be charged at the federal level. In most cases, both the state and the federal government will have jurisdiction over a drug case. The federal government will likely have jurisdiction if the drug charge arose from a federal informant working with the FBI, DEA, or U.S. Marshals Service. If the US Postal Service were to find drugs that were being transported or shipped through the mail, then the associated charges would be filed in the federal court. Similarly, any drug crime that occurred on federal property such as an Air Force base would be charged federally.

Distribution and possession of any kind of controlled substance would be prosecuted in federal court. If a drug crime occurred across state lines or between neighboring states, each state would have difficulty prosecuting in the other state, so the case would be handled federally. If a drug crime involved a gun or other dangerous weapon, then the federal authorities and prosecutors would take over the case.

Will I Face Stiffer Penalties In Federal Court?

Stiffer penalties do occur in the federal court. This is because there are minimum statutory sentencing guidelines that limit a judge’s ability to use their own discretion. When these guidelines apply to a drug charge, a certain sentence will have to be imposed upon the offender. In general, federal cases are more serious than state cases, which leads to more serious penalties.

How Long Of A Sentence Can I Receive In A Federal Drug Charge Conviction?

Minimum sentences can range from five years to life in prison.

Am I Able To Bond Out Of Jail While Awaiting A Federal Trial In A Drug Case?

An individual can receive bond and stay out of jail while they await a federal court date. The federal process for having bond set works similarly to the state process, which begins with an appearance before a magistrate who would set the bail amount. An individual would have the option of hiring a bonding company to help pay the bond. Most bonding companies require payment equal to 10 percent of the total bond amount before they will agree to pay the remaining amount.

Would My Federal Drug Case Ever Be Returned To The Nevada State Court?

Under certain circumstances and depending on the nature of the charge, federal prosecutors could decline to go forward with a case and instead return it to the state. A case would likely go back to the state prosecutors if the state prosecutors have more information and evidence or greater access to witnesses.

For more information on Federal Drug Charges In Nevada State, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 241-7453 today.

Matthew L. Nebeker

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