When Can State and Federal Drug Charges Overlap?

Getting charged with a drug crime can be scary. What’s even scarier is when you get charged by both state and federal prosecutors for the same crime! This is known as “dual sovereignty” and it happens more often than you’d think. Keep reading to learn more about how state and federal drug laws overlap, and what it could mean if you face charges from both.

The Basics of Dual Sovereignty

The Fifth Amendment says you can’t be tried twice for the same crime. But there’s a catch – the “dual sovereignty doctrine” says you can be charged by both the state and federal government because they are separate sovereigns. This means they can bring separate charges for the same criminal act.

For example, if you sell drugs in a state that has drug laws, you could face state drug charges. But if the quantity was large enough, you could also be charged under federal drug trafficking laws. Even though it’s the same act, it can be charged separately by both the state and feds.

Examples of Dual Sovereignty Charges

Here’s some real life examples of where state and federal charges overlapped in drug cases:

A man transported a large amount of marijuana through several states. He got charged federally with interstate drug trafficking. But he also got charged in each state he passed through for violating state drug laws.
A group smuggled heroin from Thailand. They got charged by federal prosecutors with importation laws. But they also got charged by the state for heroin distribution.
A man got arrested by local police for selling prescription pills illegally. He then got charged federally for opioid distribution. Both cases went to trial separately.

As you can see, state and federal charges often go hand-in-hand with drug crimes. The specific charges may vary, but dual sovereignty allows both sovereigns to bring charges for the same criminal behavior.

Can You Fight Dual Sovereignty Charges?

Fighting federal charges is tough enough. Add separate state charges into the mix, and your defense becomes exponentially harder. But there are some ways you could potentially fight dual sovereignty charges:

Challenge double jeopardy – Argue that facing both state and federal charges over the same act violates double jeopardy protections. But courts have consistently upheld dual sovereignty.
Claim vindictive prosecution – Argue the additional federal charges were brought just to punish you for exercising your trial rights. But this can be hard to prove.
Negotiate to drop one charge – Try to negotiate a plea deal where prosecutors agree to drop either the state or federal charges.
File for case consolidation – Seek to have the state and federal cases combined into one court. But this is rare.

While challenging dual charges is an uphill battle, an experienced criminal defense lawyer may be able to negotiate a plea deal or get charges dropped. Don’t hesitate to explore all your options.

Sentencing with Dual Sovereignty Charges

If you end up facing convictions on both federal and state charges, it can mean double the punishment:

You’ll likely have to serve the sentences consecutively – first in federal prison, then transferred to serve your state time.
If sentences run concurrently, the longer federal sentence usually subsumes the state sentence.
You may face consecutive probation terms – extending your supervision.
Expect to pay double fines and fees – both sovereigns can impose them.
There will be separate criminal records – impacting jobs, licensing, etc.

In short, dual convictions compound all the typical penalties of a criminal conviction. That’s why avoiding dual charges is so crucial.

How to Avoid Dual Sovereignty Charges

Here’s some tips to avoid facing overlapping federal and state drug charges:

Avoid distribution amounts – trafficking charges trigger federal laws.
Don’t cross state lines – interstate transport risks federal charges.
Research state vs. federal sentencing – consider consequences of each.
Hire both a state and federal lawyer – dual expertise helps.
Request deferred prosecution – complete terms to avoid federal charges.
Cooperate with one jurisdiction – provides incentive to drop the other charges.

While you can’t fully control prosecutors, mitigating the circumstances of your case can help avoid dual sovereignty charges.

Talk to a Lawyer About Your Situation

Dual drug charges shouldn’t be taken lightly. The increased penalties and compounded consequences can be devastating. Don’t leave your fate in the hands of both state and federal prosecutors without exploring your options. A knowledgeable drug crimes lawyer can review your case and help build the strongest defense against dual sovereignty charges.

Every situation is unique when state and federal drug laws intersect. But you don’t have to face the complexity alone. Connect with a lawyer today to discuss your case confidentiality and make informed decisions protecting your rights and future.

Sources:

https://supreme.justia.com/cases/federal/us/424/1/

https://www.casemine.com/judgement/us/5914b6b5add7b04934791a58

https://constitution.congress.gov/browse/essay/amdt5_4_1_1_1/

https://www.law.cornell.edu/wex/double_jeopardy

https://www.justice.gov/jm/criminal-resource-manual-645-vindictive-prosecution