Federal Drug Charges
The United States judicial system
is divided into state and federal courts.
Whether a person accused of a drug-related
crime is prosecuted in the federal
or state criminal system depends on
what laws were violated and the policies
and procedures of each court system.
Out of the millions of felony prosecutions
filed each year, only about three percent
are filed in the federal system. Often
a particular criminal behavior will
violate both a state and a federal
law, and drug charges are no exception.
In theory, the offender could be prosecuted
in both systems for the same criminal
activity, but in practice this rarely
happens. Most federal and state prosecutors
divide up criminal charges based on
availability of resources, which statute
most closely fits the criminal conduct,
available punishment in each system,
and each system's policy considerations.
If accused of a drug charge, it is
crucial to contact an attorney who
understands and has experience within
both systems.
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