What are the penalties for Aggravated Trafficking of Drugs if charged at the state level?

Posted by William Bly | May 23, 2017 | 0 Comments

Is drug trafficking a federal or a state charge? Drug trafficking can be charged federally or on the state side, and the feds generally take the bigger cases and they take the cases that they know they can prove. So, if you're involved with a case involving a thousand kilograms or more of marijuana, you're looking at – and you've got a prior – you're looking at a mandatory minimum ten year prison sentence with a pretty high exposure. On the state side, you're seriously looking at real prison time, but probably not the same amount. So, again, it depends on the circumstances. The feds will take cases that are serious in nature, but that they are certain that they can prove. If they don't think they can prove it, they're going to kick it back to the state side and let the state prosecute the case. So, that's what will really differentiate whether this trafficking charge remains in criminal court on the state side or the feds decide to take it over.

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William Bly

William T. Bly, Esq. is a graduate of Rutgers College where he majored in Political Science with a minor in U.S. History. Attorney Bly attended and graduated the University of Maine School of Law. During his time in law school, Attorney Bly focused on criminal defense.

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