Brett Podolsky

Federal Drug Charges

Federal drug charges are different from state charges. Federal drug cases may involve large conspiracies or importation of drugs into the country or a state. The US Attorney’s office is the agency that levels the charge against an individual. Typically, by the time the charges are filed, a significant investigation has already taken place. 

Most state narcotic charges qualify as a federal crime. They include:

• Drug trafficking
• Drug manufacturing
• Distribution of narcotics
• Distribution of narcotics while possessing a firearm

The US Attorney’s office may also charge someone with drug conspiracy, making any drug charge more complicated and comes with more substantial penalties.

Federal drug charge penalties are much higher than state charges. The sentence depends on the weight of drugs recovered and the defendant’s criminal history. Punishment can include:

• Imprisonment from ten years to life
• Court costs 
• A term of supervised release
• Fines 
• Loss of federal benefits

Those convicted of a federal drug crime may also lose their right to vote or own a firearm. They may have difficulty finding a job, furthering their education, starting and running a business, and maintaining personal relationships.

Federal Wire Fraud Charges

Wire fraud is the act of using any type of electronic communication to perpetrate a fraud or misrepresentation upon another person with the intention of obtaining money, goods, or services. Electronic communication includes email, the internet, radio, television, and the telephone.

Wire fraud becomes a federal charge when the crime affects a federal institution such as a bank. 

The penalties for wire fraud include:

• Incarceration in a federal prison
• Fines and court costs
• Loss of the right to vote and own a firearm
• Loss of federal benefits

Also, anyone convicted of federal wire fraud will be ineligible for student loans and may have great difficulty finding employment.

Federal Bank Robbery Charges

Robbery is defined as a person threatening injury or makes another person think they are in danger if they don’t provide what the robber wants. In the case of bank robbery, the robber typically wants cash but may be interested in other items banks hold for security.

Every case of bank robbery is unique, and specific charges and penalties vary in accordance with the circumstances. A convicted bank robber may face:

• A maximum of one year in jail for the theft of less than $1,000 without threats or violence
• A maximum of ten years in prison for the theft of more than $1,000 without threats or violence
• A maximum of 25 years in prison for a theft involving a weapon or dangerous device, making it a Class B felony
• A maximum of the death sentence for a Class B felony causing death

Since the federal government insures nearly every bank and credit union in Texas, almost all bank robbery charges are federal charges. The only time a bank robbery charge is not federalized is if the bank or credit union that was robbed was not insured by the FDIC, which is rare.

Process for a Federal Charge

A federal charge has many different steps. Each step has its own procedure and has its own purpose in a federal crime. It is important to retain an attorney such as Brett A. Podolsky as soon as possible in a federal procedure so that he may begin preparing an effective defense.

The following steps can be expected for most federal crimes:

• Complaint or indictment – A federal case begins with either a complaint or indictment.
• Initial appearance – The first time a defendant is brought before the judge is at initial appearance.
• Detention hearing – A judge will determine whether a defendant may be released at this stage of the proceeding.
• Plea Agreement or trial – A defendant may either plead guilty with a plea agreement or force the prosecution to put on a trial to determine guilt.
• Sentencing hearing – The defense will have the ability to put on evidence for sentencing and argue for a possible sentence.
• Appeal – The defendant can file an appeal and ask a higher court to review the District Court’s decision.