In general, the FBI, the US Secret Service, or ICE agents will arrest people for federal-level drug charges, and local authorities will arrest people for state-level drug charges. In some cases, both state and federal authorities will work together on a case, particularly when a drug sweep is necessary. If someone has been arrested for a federal-level crime, their case will proceed in federal court in the location where the crime was committed. If someone has been arrested for a state-level crime, they will be taken into state custody and their case will proceed in state court.
I Have Just Been Charged With A Drug Charge In Federal Court. How Serious Is This?
There are mandatory minimum sentences for federal drug charges, such as drug manufacturing, that range from five to 20 years in prison, so to receive a federal drug charge is a very serious matter. Anyone who has been charged with a federal drug crime should immediately obtain a federal criminal defense attorney and speak to them about the amount of drugs that were seized, whether or not a weapon was seized, and how many people are involved in the case. In some cases, several people will be indicted and prosecuted for a single drug crime.
What Happens After I Am Arrested By The Federal Government And Indicted On A Drug Charge?
Once someone has been arrested by the federal government on a drug charge, they will appear in federal court and be presented with the indictment and charges. If a defendant does not or cannot obtain an attorney, then one will be appointed to them. At the first hearing, it will be determined whether the defendant will be held in custody or eligible to post a bond. A person who is in federal custody cannot obtain a bail bondsman; they will remain in custody, post a property bond, or get a signature bond. A signature bond is signed by the defendant or a defendant’s family member and serves as a promise to pay a certain amount of money if they fail to appear in court. Alternatively, a judge could decide to release a defendant on certain conditions. At some point, a defendant will appear for a post-indictment arraignment to be read the charges, enter a plea, and have a judge assigned to their case.
If I Am Waiting For A Trial On A Federal Drug Charge, Can I Be Released From Jail Beforehand?
A person can be released from custody while waiting for trial on a federal drug charge. Most people want to fight their case from the outside, and it is helpful for attorneys when clients are not in custody. Ultimately, the decision will be up to a federal magistrate who will listen to the defendant’s attorney and prosecutor and review the defendant’s criminal record. If it is determined that the defendant is a flight risk, then they will be detained. If it is determined that the defendant can be released on certain conditions, then they will be released and able to fight their case from the outside. A person who has been accused of a federal drug crime needs to obtain an attorney who can put forth a strong argument that will provide the best chance of a positive outcome. For more information on Arrest For Federal & State Drug Charges, a free initial consultation is your best step. Get the information and legal answers you are seeking by calling (213) 542-0994 today.