If law enforcement has arrested you or anyone you know for drug charges, you need to engage the services of an experienced criminal defense attorney. More importantly, you need to understand the difference between Virginia state and federal drug charges even if no drug charges have been brought against you.
The Differences between Virginia State and Federal Drug Charges
It is illegal to possess, manufacture, and sell drugs such as cocaine, heroin, methamphetamine, and marijuana under both Virginia and federal drug laws and regulations. One main difference between the two is that a federal drug crime involves people selling drugs illegally in various parts of the country.
If an individual commits a crime on a federal property such as a national park, they will face charges in federal court. To break it down to you, here are the major differences between Virginia state and federal drug charges:
·The Type of Charge You Will Face
Virginia will charge a person with the possession of a controlled substance. Out of all the offenses, this is the least severe in terms of the penalties it carries. If the person commits a federal drug crime, they will face charges of trafficking, which is a more severe offense than drug possession. There are other more severe penalties than trafficking they may be charged with on a federal level.
·The Type of Penalties You Will Receive
If law enforcement charges a person for committing the same crime under federal law, not Virginia state law, they may have to serve a double or triple prison sentence. This is because Virginia often views drug crimes as misdemeanors. Moreover, a person facing federal charges for the first time may also face a lengthy prison sentence. Most drug crimes committed at a federal level have strict, mandatory prison sentences.
·The Type of Investigation
Law enforcement does not have the authority to investigate crimes that happened outside state lines. Federal investigators have complete authority to investigate crimes that occurred in various states across the country, meaning they can broaden their investigation to cover several states.
·The Type of Court System
If law enforcement charges a person of a drug crime under the Virginia state, hearing will abide by the state laws and criminal procedures. If a person is charged under federal law, hearing will abide by the federal criminal procedural laws and regulations with the judgement on the drug crime being passed in a federal court.
You need to hire a criminal defense attorney in the state of Virginia to build your defense if you have been charged with a drug crime or know someone who is. Contact us today.