When it comes to most drug offenses, both state and federal prosecutors have the ability to bring charges against a defendant. Most of the time, federal prosecutors stand on the sidelines, allowing their state counterparts to handle the case. However, in certain circumstances, the federal government will decide to prosecute a case. This can occur in a few scenarios.
Jurisdictional Issues: If the allegations involved crossing state lines, using the mail, or an arrest on federal government property (such as a national park or a military base), federal prosecutors are more likely to pick up a case.
State and Federal Cooperation: In many large-scale drug investigations, federal agents work with state and local law enforcement to develop a case. Once all the evidence is obtained, federal prosecutors often take over due to the complexity of these cases, as well as because the federal government has greater access to resources than state prosecutors.
The Seriousness of the Charges: Typically, state prosecutors handle most low-level drug offenses, reserving the most serious offenses for federal prosecutors. Thus, cases involving large amounts of drugs will frequently be brought in federal court.
Matters of National Importance: Federal prosecutors are also more inclined to pick up a case if it involves an issue of national importance. For example, those arrested for operating a pill mill or distributing a large amount of prescription painkillers may find the feds interested in their case.
If you face drug charges in federal court, it is imperative that you reach out to a knowledgeable federal drug crime lawyer. At The Criminal Defense Firm, we have extensive experience handling some of the largest drug cases in the country and know what to effectively defend against these allegations.