When you are facing drug charges, working closely with an attorney who will explain clearly all your rights, options and potential consequences can help to ensure that you make decision that are in your best interests. Contact our firm today to schedule a consultation and case evaluation with an experienced criminal defense attorney.
Drug Charges Information Center
When you are under investigation for drug charges or are facing criminal charges, it is important to take immediate action to protect your rights. Drug charges will always turn on the evidence secured at the time of the arrest. With experienced legal support, you can effectively challenge any evidence illegally obtained and work towards the complete dismissal of your charges. At the law office of Patrick L. Hancock, we provide experienced strategic advocacy to drive optimal results in cases involving drug offenses, prescription drugs, possession, narcotics, and juvenile crimes. Attorney Patrick L. Hancock has a solid reputation and lengthy record of results, as well as having been named a Texas Super Lawyer and listed in The Best Lawyers in America. For more information please follow the links to pages on our Results and our appearances in the Press.
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Call 210-888-9624 or contact our office by e-mail for an initial consultation. Patrick L. Hancock is a Texas Super Lawyer and has been listed in The Best Lawyers in America.
If you have been arrested, charged, or investigated for a criminal charge in Texas, a talented, experienced attorney with a proven record of success can be your strongest asset. Call the San Antonio, Texas law office of Patrick L. Hancock at (210) 888-9624 or contact him online.
Federal Drug Crimes
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, consult with an experienced and knowledgeable criminal defense attorney from Patrick L. Hancock in San Antonio, Texas 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 5 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, within a school or playground zone, and 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 and the Racketeer Influenced and Corrupt Organizations Act (RICO).
Sentencing under Federal Law
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 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 an Experienced 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 an attorney experienced with both federal and state criminal drug law. If you are facing either federal or state drug charges, a knowledgeable criminal defense attorney, like those at Patrick L. Hancock in San Antonio, Texas can explain the intricacies of both systems and vigorously represent your interests.
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