Drug Trafficking By State
Drug Trafficking Laws and Lawyers by State Including Federal
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What Is Trafficking
Drug or Narcotic Trafficking generally means the cultivation, manufacture, distribution, or sale of drugs. The drugs do not have to be illegal for the crime of trafficking to be charged. Many people with lawful prescriptions for controlled substances, Oxycontin, sell some or all of their prescription. This act could be construed and charged as drug trafficking even though the person has a prescription.
Federal Law has several statutes that define drug trafficking. Many states have laws that require different conduct before a person can be charged and convicted with drug trafficking. Some states have laws where just the attempt or if a person "endeavors" to traffic. For example, if a person has a forged prescription and simply drops it off for filling. This conduct could be sufficient to get convicted of Trafficking.
Drug trafficking charges carry with the significant prison, monetary, and other penalties. Most states and the Federal statutes have minimum mandatory drug sentencing schemes. This means that if you are convicted you will have to day for day with no early release or gain time.
If you are a target or a federal or state Drug Trafficking crime, or if you have already been arrested and charged you need to get an experienced Drug Defense lawyer immediately.
Drug Trafficking is a very serious charge. Every state and the Federal Government has laws prohibiting drug trafficking. All states have different laws involving what constitutes drug trafficking and what elements the government must prove.
Drug trafficking charges include the possession, cultivating, manufacturing, sale, or delivery of certain drugs. The Drugs most commonly associated with a Drug Trafficking accusation include marijuana, cocaine base, crack cocaine, heroin, ecstasy, codeine, and methamphetamine.
It is possible to be charged with drug trafficking in both state court and the Federal Court. Being prosecuted in both the state system and the federal system is not considered double jeopardy because they are separate sovereigns or government entities. Dual prosecutions often happen when the state police arrest someone for a large amount of drugs. The Federal Government then Indicts the person. Many times the state stops or stays the prosecution while the Federal Prosecution is ongoing. If the Federal Prosecutors get a conviction then the state charges are often dropped.
Penalties for Drug Trafficking convictions include mandatory prison sentences and very large financial fines as well as forfeiture of drug proceeds and things acquired through the use of Drug money.
Last Updated (Saturday, 24 April 2010 03:05)