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Tarrant County federal drug crimes defense attorney

The manufacture of illegal drugs may be prosecuted at the Texas state level or at the federal level. Federal crimes typically carry much stricter criminal penalties than state crimes. There are many different ways that drug possession, drug manufacturing, or drug distribution charges can be considered federal offenses. In some cases, something as simple as consuming an illegal drug on federal property such as a National Park may be enough reason for a criminal offense to be prosecuted at the federal level. If you or a loved one is facing federal drug manufacturing charges, do not take these accusations lightly. Contact a criminal defense attorney qualified to defend against charges levied by the federal government as soon as possible.

Federal Law Regarding the Manufacture of Drugs

Chapter 21 of the U.S. Code lists the laws prohibiting the manufacture of controlled substances in the United States. The law states that it is illegal to intentionally or knowingly:

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Plano, Texas federal drug crimes defense attorney

While many drug charges are handled at the state level, certain drug offenses are investigated and prosecuted at the federal level. Federal drug charges carry significantly harsher penalties than state charges. An individual who is charged with federal drug trafficking can face years or even decades of incarceration. If an individual is being investigated by the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), or another federal government agency for a drug-related offense, it is imperative that he or she contact a qualified criminal defense lawyer as soon as possible.

Drug Offenses Prosecuted in Federal Court

If a federal agency like the DEA or FBI becomes involved in a possible drug crime, it is likely that any resulting charges will be prosecuted in federal court. Federal drug charges are often the result of cases that involve a considerable amount of drugs or the transportation of drugs across state lines. You could be charged with federal drug trafficking for possessing:

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Dallas white collar crimes defense lawyer

The federal government has jurisdiction over certain types of “white collar crimes,” such as fraud, embezzlement, forgery, and more. Criminal penalties for federal offenses are often much more severe than punishments for state charges. If you are convicted of a federal crime, you could face incarceration in federal prison and substantial fines. If you are being investigated by a federal agency, it is critically important to contact an experienced criminal defense attorney to protect your rights.

What Constitutes Fraud Under Federal Law?

The United States Code Title 18 defines federal fraud as knowingly committing one of the following actions:

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In the United States, there are two kinds of laws – state laws and federal laws. As a result, there are state-level crimes and federal crimes. There are also state courts and federal courts. When someone violates a state law, the case will be handled by a state court and when a federal law is violated, it will be handled in federal court.

Sometimes a crime violates both state and federal law. In this case, the defendant can be tried in state court or federal court. Often, it comes down to the magnitude of the crime and what the state and federal prosecutors decide.

State laws are passed by state legislators, whereas federal laws are passed by Congress. States establish state criminal courts in cities and counties to prosecute violations of state law. In contrast, the federal courts are established under the U.S. Constitution and instead of deciding on state-level offenses, they strictly handle federal prosecutions involving violations of laws contained in the Constitution and passed by Congress.

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Drug trafficking is a state and federal crime, which carries severe consequences for offenders. A charge of drug trafficking may include the manufacturing, delivery, and sale of anything deemed a “controlled substance.” Drug trafficking laws can be highly complex, depending on which controlled substances and how much of them are involved in any given case. The Drug Enforcement Administration (DEA) divides controlled substances into 5 schedules, based on the danger and effects of various drugs. As the schedules of these drugs vary, so do the penalties attached to them.

Federal Drug Trafficking Scheduling and Penalties

Federal drug scheduling breaks down controlled substances into the following categories:

  • Schedule I Substances: Schedule I drugs are considered dangerous substances with no widely accepted medical use and high potential for abuse. Under federal U.S. law, this includes drugs such as heroin, LSD, ecstasy, PCP, methaqualone (or Quaaludes,) peyote, and marijuana.
  • Schedule II Substances: Schedule II drugs are considered dangerous substances with high potential for abuse and which have a high chance of causing psychological and/or physical dependence. Under U.S. law, this includes drugs such as Vicodin, cocaine, methamphetamine, methadone, Dilaudid, Demerol, OxyContin, fentanyl, Dexedrine, Adderall, and Ritalin.
  • Schedule III Substances: Schedule III drugs are considered potentially dangerous substances with a medium chance for abuse and medium chance of causing psychological and/or physical dependence. Schedule III substances include ketamine, anabolic steroids, testosterone, and products containing less than 90 milligrams of codeine.
  • Schedule IV Substances: Schedule IV drugs are considered potentially dangerous substances with a low chance for abuse and a low chance of causing psychological and/or physical dependence. Schedule IV substances include Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, and Tramadol.
  • Schedule V Substances: Schedule V drugs are considered potentially dangerous drugs with a low potential for abuse and which contain limited quantities of narcotics. Schedule IV substances include Lomotil, Motofen, Lyrica, Parepectolin, and cough medicines with less than 200 milligrams of codeine or per 100 milliliters.

Federal penalties for trafficking high quantities of drugs are divided into several levels:

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