A drug crime lawyer represents people facing allegations involving illegal possession, distribution, manufacturing, trafficking, prescription drugs, or other controlled-substance offenses. Depending on the circumstances, a case may be prosecuted under state or federal law. An attorney can review how evidence was obtained, examine searches and seizures, evaluate the prosecution's evidence, explain possible penalties, file appropriate motions, negotiate with prosecutors, and represent the defendant in court.
| State Drug Charges | Federal Drug Charges |
|---|---|
| Prosecuted under the laws of an individual state | Prosecuted under federal criminal law |
| May involve possession, distribution, manufacturing, or trafficking | Frequently involve distribution, trafficking, conspiracy, interstate activity, or federal investigations |
| Procedures and penalties depend on state law | Cases proceed through the federal court system |
| Investigated primarily by state or local authorities, although agencies may work together | May involve agencies such as the DEA, FBI, or other federal investigators |
| Sentencing rules vary by state | Federal statutes and sentencing rules may apply |
A drug crime lawyer may examine several issues before determining how to approach a case.
Depending on the case, a lawyer may:
What does a drug crime lawyer do?
A drug crime lawyer represents defendants accused of controlled-substance offenses and reviews the prosecution's evidence, police procedures, searches, witness statements, laboratory results, and other circumstances surrounding the charges. The attorney may negotiate with prosecutors, file motions, prepare defenses, and represent the defendant in court.
What types of drug charges can a lawyer handle?
Drug crime attorneys may represent people charged with possession, possession with intent to distribute, trafficking, manufacturing, distribution, conspiracy, prescription drug offenses, and other controlled-substance crimes. Some attorneys also handle federal drug investigations and cases involving additional firearm or money-related allegations.
When can a drug charge become a federal case?
Federal drug charges may arise when alleged conduct violates federal controlled-substance laws or becomes part of a federal investigation. Large distribution operations, conspiracies, interstate conduct, and cases investigated by federal agencies are examples of circumstances that may result in federal prosecution.
Can evidence from a drug search be challenged?
Potentially. A defense attorney may review warrants, traffic stops, searches, seizures, consent, and other circumstances surrounding how evidence was obtained. Whether evidence can actually be suppressed depends on the facts of the case and the applicable constitutional and procedural rules.
Should I hire a lawyer before speaking with investigators?
Anyone facing a criminal investigation should understand their legal rights before making decisions that could affect the case. A criminal defense lawyer can explain those rights, communicate with investigators when appropriate, and provide advice based on the particular investigation and allegations.