Both the state and federal governments have criminal courts. Each court handles different types of crimes and has rules and procedures that need to be followed. Drug charges typically are prosecuted in Oregon courts as a state crime. Drug offenses have a wide range of punishments depending on the specific charges, the amount of drugs the person is accused of having or dealing, the person's criminal record and the type of drug involved. However, some drug charges can be prosecuted in federal court. These charges are typically more severe and have heavier consequences.
One recent Oregon case involved both the federal and state criminal courts. In this case, a man and a woman were both subject to a criminal investigation conducted by multiple state and federal agencies. Due to this investigation, two properties owned by the couple were raided by authorities. Authorities claim to have found weapons, processed marijuana and marijuana plants on the properties.
As a result of this investigation, the man was arrested and faced drug charges in Oregon state court. However, as the couple was leaving his hearing, police arrested both of them on federal drug charges.
According to a federal indictment, the couple was illegally growing and trafficking marijuana. The man and woman have each been charged with manufacturing marijuana and conspiracy to manufacture and distribute marijuana. The man also faces a weapons charge. In addition to prison time, if the two are found guilty on the federal drug charges, the government could keep the $6,730 and weapons police found during the raid of the properties. Furthermore, the defendants could be fined up to $50,000.
This couple, and anyone else facing federal drug charges, will need to mount an aggressive criminal defense. Among other vital steps, they should ensure all search and seizure rules were followed in the raid of their properties.
Source: My Eagle News, "Long Creek pot case goes federal," Scotta Callister, Oct. 30, 2012
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