Three (3) things to consider when charged in a drug case in Federal Court.

These are the three things that you need to consider if you or your loved one is charged with a drug offense in federal court.

1. Bail Hearing. In federal court, the government can hold you without bail in certain situations. There are rebuttable presumptions that “no condition or combination of conditions” will (1) “reasonably assure” the safety of any other person and the community if the defendant is released; or (2) “reasonably assure” the appearance of the defendant as required and “reasonably assure” the safety of any other person and the community if the defendant is released. The presumption applied if your charge carries a potential sentence of ten years.

(2) Mandatory Minimums. In federal court, you have to be mindful of the mandatory minimums. For example, 50 grams of meth carries a 10 years mandatory minimum sentence. There are a number of ways to get under the mandatory minimums, otherwise, the lowest sentence you could possibly receive would be that minimum. The judge would not be able to give you any less. You need to hire an attorney that understands how to get under the minimums.

(3) Defenses. The federal government has more resources to investigate bigger drug crimes that the state. Most of the cases I deal with are conspiracies. More defendants are usually involved. This means that there are also more police reports, video and audio surveillance, wiretaps, and so on. It is crucial to review everything carefully. Aside from being wrongfully charged, law enforcement make mistakes and sometimes outright violate your constitutional rights. Your attorney needs to review everything carefully to find any defenses you might have.

21 USC Sec. 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 960

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law

San Diego Trial Law Firm

Антон Въяльцин

185 West F Street Suite 100-D
San Diego, CA 92101
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