Federal Drug Crimes

When you have been charged with a drug crime, the consequences can be severe. Contact our firm today to schedule a consultation with an attorney who will guide you through this complex area of law and respond aggressively to secure a timely, cost-effective conclusion to your legal problem.

The serious consequences of a drug charge require you to retain an attorney who not only is experienced, but possesses insight as to how prosecutors build and litigate cases. Ed DeWerff, the founder of our law firm, served as a county prosecutor prior to establishing his Clarksville-based law firm. He knows what is at stake for his clients following a drug-related charge. He brings a comprehensive legal background coupled with a thorough knowledge of the law.

For your review, we have listed various resources on the complexities of drug-related offenses.

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There may be more to your drug possession or trafficking charge than just the intent to commit a crime. Many clients who contact us are suffering an addiction. Our job is to tell their story to the court while aggressively protecting their rights against illegal search and seizure. At the Law Office of Edward E. DeWerff, we get to the facts and fight for the best outcome on behalf of Tennessee residents facing lengthy prison stays.

If you are suffering from an addiction or feel that your rights have been violated in a drug bust, contact criminal defense lawyer Ed DeWerff today. We will investigate all aspects of your case, including identifying various aspects of the arrest that may have involved illegal search and seizure.

The Comprehensive Drug Abuse Prevention and Control Act of 1970, also known as the Controlled Substances Act, classifies narcotics, marijuana and other drugs into five categories, or Schedules. Besides establishing requirements relating to manufacture and distribution of drugs, the law also defines penalties for violations of the Act. Depending on the nature and quantity of the substance involved, as well as the presence of sentence-enhancing factors, the criminal penalties can be severe. If you are facing federal drug charges, contact Law Office of Edward E. DeWerff in Clarksville, TN, to schedule a consultation with a criminal defense attorney for advice on the law, your rights and how to proceed.

Offenses at the Federal Level

Federal drug offenses differ from those at the state level, even though the conduct in question might be the same. In defining crimes, Congress' authority comes from its Constitutionally-granted powers over the areas of commerce, taxation and the postal service.

Some of the drug crimes under the Controlled Substances Act include:

Drug trafficking: manufacturing, distributing or possessing with the intent to distribute illicit drugs
Manufacturing: operating places for the purposes of manufacturing, distributing or using illicit drugs, or endangering human life while so doing
Continuing criminal enterprise crimes: trafficking in illicit drugs by a person in concert with five or more other persons
Conspiracy: involves attempts and the promoting and facilitating of manufacture, distribution or importation of illicit drugs
Protected location offenses: distributing illicit drugs to persons under age 21 or within a school or playground zone; employing persons under age 18 in drug operations
Simple possession: possessing controlled substances without a valid prescription from a licensed medical practitioner (unlike trafficking, simple possession does not involve intent to distribute the drugs)

Other drug offenses under the Act include investing illicit drug profits in businesses affecting interstate commerce and unauthorized importation of controlled substances. The Drug Enforcement Administration (DEA) enforces the federal controlled substances laws and regulations.

In addition, drug crimes at the federal level may include violations of tax law, such as tax evasion, or engaging in activities prohibited by the Racketeer Influenced and Corrupt Organizations Act (RICO).

Federal Sentencing Guidelines

Federal drug laws specify minimum and maximum terms of imprisonment, based on the type and quantity of drug involved. Likewise, under the Federal Sentencing Guidelines, these factors are taken into account, along with:

Whether the offense involved injury to another person
Whether a weapon was possessed or used
The defendant's criminal history

While judges have discretion to depart from sentencing guidelines, they must still stay within the mandatory minimum and maximum terms specified by statute. Where the offense occurs in a school or other protected zone, penalties may be enhanced.

Contact a Criminal Defense Attorney

Drug crimes can be charged and prosecuted under federal law, state law or both. Because federal drug crimes can carry significantly harsher penalties, it is important to contact a lawyer who is familiar with both federal and state drug laws. Contact Law Office of Edward E. DeWerff in Clarksville, TN, today to schedule a consultation with a criminal defense attorney who can explain the intricacies of both systems and vigorously represent your interests.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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