Federal Drug Charges
Federal Drug Charges
At the Wyatt Law Office, we handle all types of federal drug crimes.
- Drug Possession
- Possession of CDS with Intent to Distribute
- Manufacturing & Endeavoring
- Drug Conspiracies
Drug cases require a knowledge of the drug world, the terminology or language of the drug culture, and knowledge of the state and federal drug laws and how they apply to the crime charged. Cases handled involve all types of Controlled Dangerous Substances (CDS), drugs and precursor chemicals, such as meth, methamphetamine, cocaine, crack cocaine, heroin, opium, marijuana, pot, hash, MDMA, ecstasy, X, GHB, steroids, and prescription drug, among others. Drug cases can be charged as federal or state crimes.
In federal court, most cases involve allegations of conspiracy. A conspiracy is simply an “agreement” to commit a crime. Although there must be at least two parties to a conspiracy, the federal prosecutors can proceed against only one conspirator at a time or against all in the same indictment.
Note that a conviction of any drug crime will likely cause the revocation of the accused’s driver’s license under Oklahoma law and can result in the loss of federal government benefits such as student loans and grants, SBA loans, and other government benefits that the accused may now have.
The drug amounts or quantities for possession, distribution or trafficking may be different under federal law, but the concepts are the same. However, if charged in federal court, there are many twists not applicable in state court. Thus you need knowledgeable federal criminal lawyers to assist you. For example, it is a federal crime to use a telephone or communication devise in the commission of a drug crime.
If a crime is punishable by 10 years or more, there is a rebuttable presumption that a client is a flight risk or a danger to the community. That means your lawyer better know how to address that issue; otherwise, you will sit in jail pending a trial or plea. We have successfully defended clients charged with Federal Crimes in Oklahoma.Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Federal Drug Crimes Lawyers and Attorneys if you are under investigation or have been arrested or charged with any drug crime.
Sentencing Guideline Calculation
If convicted in federal court or if the client pleads guilty, he will be sentenced under the federal statute. Note, however, that the U.S. Sentencing Guidelines must be considered by the sentencing judge, as well as consideration of all relevant information. The judge may order a sentence above or below the advisory sentencing guideline range. Your lawyer must understand the U.S. Sentencing Guidelines in order to represent you appropriately in federal court. Bob Wyatt practices routinely in federal court and even teaches the Guidelines to other lawyers.
Additionally, the U.S. Sentencing Guidelines apply in all federal criminal actions if convicted. That means that your lawyers better know how to calculate, apply and dispute any PSR Guideline recommendations.
Also, all federal sentences require serving 85% of the time ordered by the Court. There is no federal parole, and drug cases involving straight probation is extremely rare.
If weapons are used in the commission of a federal crime, the defendant will face significantly stiffer penalties, as there are specific crimes and punishments providing for occurrences such as “use of a weapon during commission of a drug crime.” Even if not charged with an enhanced crime, the use of a firearm during the commission of a crime generally causes an increase in the recommended punishment.
For example, if the client has two or more prior drug offenses or two or more convictions for crimes of violence, the third conviction involving a gun can lead to a designation as an “Armed Career Offender”. Which means 15 years to life in prison. Similar provisions exist to make some defendants a “Career Offender” even if not armed. Thus, the range of punishment can be significantly enhanced. We have successfully defended clients charged with possession of guns or weapons during a drug crime or using a gun to facilitate a drug crime.
Those with prior convictions will also suffer greater penalties under federal law if convicted. Like “after formers” in state court, if a defendant has prior criminal history, that history will impact the sentencing guideline range. There are six criminal history categories. The higher the criminal history, the higher the recommended punishment range under the Sentencing Table for the U.S. Sentencing Guidelines.
Career & Armed Career Criminals
If a defendant has a specified number of convictions, he will be punished as a career criminal under the federal sentencing guidelines — automatically resulting in a Criminal History Category of VI. The higher the criminal history category, the greater the punishment range. Likewise, if firearms are present during the crime charged and the client has either two prior drug convictions or two prior convictions for crimes of violence or a combination thereof, the client will likely be classified as an Armed Career Criminal, making the range of punishment a mandatory minimum sentence of 15 years and up to life in prison.
Related Crimes & Legal Concepts
- Grand Jury Investigations (federal & state)
- Federal Criminal Charges
- Tax Crimes
- Weapons & Firearms Violations
- Internet Crimes
- Post Conviction Relief & Habeas Corpus
Federal criminal law and procedure differ from the state court systems. First, the U.S. Attorney (not the County District Attorney) prosecutes federal crimes. Second, there must be a federal interest or nexus for the alleged violation to be a federal crime (for example, drugs crossed state lines or were imported from foreign jurisdictions). Third, these crimes are generally investigated by any of the federal law enforcement agencies such as the:
- Drug Enforcement Administration — DEA
- Federal Bureau of Investigation — FBI
- IRS Criminal Investigation Division — IRS-CID
- Bureau of Alcohol Tobacco and Firearms — ATF
- Immigration Customs Enforcement — ICE
- U.S. Postal Inspector
- U.S. Marshal Service
- Transportation Security Administration — TSA
- Homeland Security
- Secret Service
- Office of Inspector General — IG or OIG (for any number of federal agencies)
- Bureau of Prisons, and
- other federal law enforcement agencies.
If convicted, a defendant will be sentenced to custody of the U.S. Bureau of Prisons, not the state Department of Corrections.
Except for those under age 21 who possessed only a very small quantity of marijuana, there is no expungement procedure for federal drug crimes.
Call Wyatt Law For Representation
These are just a few of the many unique characteristics of the federal system (for drug charges). You must have qualified, experienced federal criminal defense attorneys to defend a federal drug charge in Oklahoma.
We have successfully defended many clients charged with federal drug charges in Oklahoma in all three federal districts (Western District in Oklahoma City, Northern District in Tulsa, and Eastern District in Muskogee).
Call Wyatt Law Office at 405.234.5500 for your Oklahoma Federal Drug Charges Lawyers and Attorneys if you are under investigation or have been arrested or charged with any federal drug or gun charges.
*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.