FEDERAL VERSUS STATE CHARGES

The Federal and State Governments both have the right to prosecute crimes involving illegal drugs.  Although the majority of such cases are still investigated and prosecuted by State authorities, the Federal authorities will intervene when the quantity of drugs involved is high or the drug organization has proven resistant to State prosecution.

Florida law provides for serious penalties for the possession with intent to distribute, distribution, manufacture or cultivation of drugs.  These penalties range from five (5) years to fifteen (30) years in prison depending upon the type of drug.  Florida’s Trafficking Statute, Florida Statute 393.135, provides for minimum mandatory sentences based on the amount of drugs involved.  For instance, if a person is charged with possession of 28 grams of cocaine, he or she is looking at a three(3) year minimum mandatory prison term.  If there are more than 400 grams, the minimum mandatory sentence would be fifteen(15) years.  The complete text of Section 393.135 with all the minimum mandatory sentences follows.

Florida Trafficking Statute

One of the incentives for the police to initiate Federal prosecutions of drug conspiracies are the severe penalties provided by the Federal Sentencing Guidelines.  At sentencing for any Federal drug offense, the judge will consider what is called an Advisory Guideline Range that is based upon the amount of drugs, the role of the defendant in the conspiracy, the presence of firearms utilized by the conspirators, and the existence of any crimes of violence committed in the course of the conspiracy.  In addition, the Federal sentencing laws provide for minimum mandatory sentences based upon the quantity of drugs.  For instance, possession of  280 grams of crack cocaine, five (5) kilograms of powder cocaine, one thousand (1,000) kilograms of marijuana or marijuana plants would carry a minimum mandatory of ten (10) years in prison, and a maximum penalty of life imprisonment.  The accompanying list details Federal Minimum Mandatory Sentencing statutes for Drug cases.

When the Federal Government uses Federal drug conspiracy laws to prosecute persons it believes are criminally associated with drug organizations, it will typically seek to apply as many of the criminal acts of the alleged coconspirators to determining the Advisory Guideline Sentence for any defendant.  Charles G. White has knowledge and experience in applying the Federal Sentencing Guidelines for the benefit of his clients.  He has been dealing with the Federal Sentencing Guidelines since they were promulgated back in 1987.  Thoroughly understanding the Federal Sentencing Guidelines and the case law that has interpreted them over the last 28 years is essential in any successful defense against Federal drug conspiracy charges.  If you want more information about the Federal Sentencing Guidelines, go to the attached link.

Sentencing Guidelines