Can You Transfer A Federal Drug Case
Contents
- 1 Can You Transfer a Federal Drug Case? A Look at the Possibilities
Can You Transfer a Federal Drug Case? A Look at the Possibilities
The Short Answer? It’s Complicated
Here’s the deal: transferring a federal case to state court is extremely difficult, if not impossible in most situations. Federal prosecutors have wide discretion in deciding which cases fall under their jurisdiction. And once they’ve claimed a case as federal, getting it kicked down to the state level becomes an uphill battle. That said; there are some rare circumstances where a transfer might be possible. A lot depends on the specific charges, the evidence involved, and other nitty-gritty legal details. But we’re getting ahead of ourselves here. Let’s start with a basic overview of how federal vs. state jurisdictions work for drug cases.
Federal vs. State: Understanding the Differences
Both the federal government and individual states have laws prohibiting the manufacture, distribution, and possession of controlled substances like cocaine, heroin, meth, etc. So what determines whether a case gets tried at the federal or state level?
Generally speaking, federal prosecutors go after the bigger fish – major drug trafficking operations that cross state lines or have a significant interstate impact. They also take cases involving large quantities of drugs or those with a clear connection to larger criminal organizations or gangs.
State cases, on the other hand, tend to focus more on smaller-scale offenses contained within that state’s borders. Simple possession charges, or low-level dealing confined to a local area, will usually get handled at the state level.
But there’s a lot of gray area and overlap between the two systems. Federal agencies like the DEA often work closely with state and local law enforcement on drug investigations. And federal prosecutors can choose to adopt cases that start at the state level if they believe federal charges are warranted.
Some Examples to Illustrate the Point:
-You get busted by the local police for selling a few ounces of weed out of your apartment. Barring any crazy circumstances, that’s almost certainly going to be a state case.
-The DEA tracks a huge shipment of cocaine being smuggled across the Mexican border. They coordinate with state police to make arrests; but those defendants are probably facing federal charges for drug trafficking and importation.
-An investigation by state authorities uncovers a massive meth lab operation stretching across multiple counties. Even though it started at the state level, the feds could easily adopt the case due to its broad scope and interstate implications.
So in a nutshell: small-time, local offenses tend to be state matters; while bigger operations that cross legal boundaries or have far-reaching impacts get scooped up by federal prosecutors. But there’s no bright line separating the two – it often comes down to the specific circumstances and priorities of the prosecutors involved.
Reasons Federal Prosecutors Might Want Your Case
If you’re wondering why the feds came after you instead of leaving it to state authorities, here are some common factors that can lead to federal charges:
Crossing State Lines
One of the biggest triggers for federal involvement is if the alleged drug activities crossed state borders. Maybe you were arrested for transporting drugs from California to Arizona. Or perhaps an investigation uncovered a distribution network spanning multiple states. Anything that implicates interstate drug trafficking is prime territory for federal prosecution.
Larger Quantities of Drugs
Federal drug laws include specific weight thresholds that can bump a case into the federal system. Get caught with just a few ounces of cocaine or a couple pounds of marijuana, and you’ll likely face state charges. But if the quantities involved are truly massive – think kilograms of heroin or hundreds of pounds of pot – the feds will probably want a piece of that action.
Ties to Organized Crime
If investigators believe your activities are connected to larger criminal organizations like drug cartels, biker gangs, or the mob; that’s a huge red flag for federal prosecution. The feds are very focused on dismantling major drug trafficking operations, so any whiff of organized crime involvement can quickly escalate things to the next level.
Using Federal Lands or Facilities
Commit a drug crime on federal property like a national park or military base, and you’ve automatically made it a federal issue. The feds have total jurisdiction over criminal activities on the lands they control.
Involving Minors or Vulnerable Populations
Allegations that your drug operation exploited children or took advantage of other vulnerable groups like the elderly or disabled will definitely get the feds’ attention. They take these “aggravating” factors very seriously.
Violent Crimes Connected to Drugs
Federal prosecutors love to “stack” charges related to drug trafficking with any associated violent crimes like assault, robbery, money laundering, etc. So if guns or violence were involved with your alleged activities, expect the case to end up in federal court.
The bottom line is that federal prosecutors are looking for the bigger, more high-profile drug cases that have significant interstate impacts or connections to larger criminal enterprises. If your situation checks any of those boxes, the odds of facing federal charges increase dramatically.
But I Want My Case in State Court – What Can I Do?
Given the harsh penalties you could face in the federal system, it’s understandable to want your case kicked down to the state level if at all possible. While an uphill battle, there are a few potential avenues to explore:
Challenging Federal Jurisdiction
The first strategy is to attack the federal government’s authority to prosecute your case in the first place. This involves carefully analyzing the facts and circumstances to argue that the alleged crimes did not substantially impact interstate commerce or cross jurisdictional boundaries in a way that permits federal prosecution.
For example, let’s say you were arrested for running a small-time marijuana growing operation that was entirely contained within your state’s borders. If there’s no clear evidence that your activities had any meaningful interstate impact, you could potentially challenge the federal jurisdictional “hook” and fight to get the case remanded to state court.
Of course, this is a very fact-specific argument that requires skilled legal maneuvering. The feds will undoubtedly claim broad jurisdictional authority. But in some limited cases, particularly those involving lower-level offenses, a strong jurisdictional challenge could potentially succeed in getting the case kicked to the state system.
Plea Bargaining for a Transfer
In some rare instances, federal prosecutors may be open to transferring a case to state court as part of a plea bargain agreement. This could happen if:
The federal charges aren’t particularly strong or high-priority
State charges would still allow for adequate punishment
Resolving the case at the state level would preserve federal resources
So for example, let’s say you were charged with a relatively low-level federal drug offense like simple possession of a personal-use quantity. The federal prosecutor, recognizing that the state could still pursue meaningful charges, might agree to a deal where they transfer (“re-refer”) the case in exchange for your guilty plea.
This allows the federal government to resolve the case with a conviction while avoiding the time and expense of a trial. And for you, it means avoiding the harsh federal sentencing guidelines in favor of potentially lighter penalties at the state level.
Of course, any such plea deal would need to be approved by both the federal and state prosecutors. And you’d have to be willing to plead guilty to the state charges. But in some limited circumstances, it could provide an avenue out of the federal system.
Requesting a Transfer Under Rule 20
Federal Rule of Criminal Procedure 20 allows for a very narrow possibility of transferring a federal case for plea and sentencing purposes. But there are some major caveats:
You must affirmatively request the transfer in writing
The U.S. Attorneys in both the originating and transferee districts must approve
You must plead guilty to the charges in the transferee district
If you later decide to change your plea to not guilty, the case gets transferred back
So in essence, Rule 20 allows for a temporary transfer solely for the purpose of resolving the case through a guilty plea. It’s not a way to permanently move a federal case to state court against the government’s wishes.
And even for this limited purpose, both the originating and receiving federal prosecutors have to sign off – which they may be reluctant to do if the charges are serious. The prosecution holds most of the cards here.
Still, for some lower-level, non-violent offenses, Rule 20 could potentially provide a path to a more favorable jurisdiction and sentencing scenario through a strategic guilty plea. But you’d have to meet the stringent requirements and get buy-in from multiple U.S. Attorney’s Offices.
Potential Advantages of Keeping a Federal Case Federal
While the conventional wisdom is that state court is preferable to the federal system for drug cases, there are some potential advantages to being prosecuted federally:
Better Funding and Resources
The federal public defender system and federal judiciary are generally much better funded and staffed than their cash-strapped state counterparts. So if you require a vigorous defense or lengthy trial, the federal system may actually provide more resources to protect your rights.
Uniform Laws and Procedures
With 50 different state criminal justice systems, the procedures and laws can vary wildly from state to state. The federal system provides uniformity and consistency in how cases are handled across the country.
More Transparent Sentencing Guidelines
The federal sentencing guidelines, while often criticized as too harsh, do provide a clear roadmap for calculating potential sentences based on the charges and your criminal history. State sentencing can be more opaque and subject to judicial discretion.
Potential for Sentencing Breaks
If you have a relatively minor role in a larger federal drug case, you may be able to take advantage of federal sentencing breaks for those who cooperate and provide “substantial assistance” to prosecutors in going after higher-level targets.
Presidential Pardon Possibilities
Only the President can issue pardons for federal offenses. So in theory, a federal conviction at least preserves the very slim chance of a future presidential pardon or commutation – which isn’t possible for state cases.
Of course, these are relatively minor advantages compared to the potentially stiff sentences you could face for federal drug convictions. But they’re still factors your defense may want to consider as part of the overall strategy.
So What’s the Verdict? Can I Get My Federal Case Transferred?
Unfortunately, in the vast majority of situations, it’s extremely difficult – if not impossible – to get a federal drug case transferred to state court once federal prosecutors have gotten involved. Their jurisdictional authority and control over these cases is quite broad.
That said, a skilled defense lawyer may be able to craft a strong legal challenge to the federal jurisdictional “hook” in some limited circumstances. Or they could potentially negotiate a favorable plea deal that allows for a re-referral to state court. Using Rule 20 for a temporary transfer and resolution is also a very narrow possibility.
But in general, you should prepare for an uphill battle if your goal is to avoid the federal system entirely. The best approach is usually to focus on poking holes in the federal prosecution’s case, advocating for reduced charges or sentences, or exploring opportunities for diversion or alternative sentencing within the federal system.
No matter what, this is definitely a situation where having an experienced federal criminal defense attorney in your corner is absolutely crucial. The rules, procedures, and potential consequences are just so much more severe and complex at the federal level.
So if you or a loved one have been charged with a federal drug crime, your first priority should be consulting with a lawyer who has specific experience defending these types of cases in federal court. They can fully assess your situation and legal options for pursuing the best possible outcome – whether that involves a transfer or not.