Oregon residents may not understand that they can face drug charges in one of two courts -- state court and federal court. It is a crime under Oregon state law and under federal law to produce, possession, distribute or manufacture certain illegal drugs. Being caught doing any of these activities can lead to serious criminal charges and penalties. Typically, however, the penalties for federal drug charges are much more severe than state charges. Therefore, the accused usually want to have the person's case stay in state court.
However, there are situations where the case will be moved to federal court. Once in federal court, people can face strict mandatory sentencing, tougher appeals guidelines and federal rules and procedures. Oregon residents may also be interested to know that even when they are arrested by local police, their case can be transferred to federal court.
There are a few cases where a person's likely to end up in federal court. The first is when the person is arrested by a federal officer. For example, being arrested by a federal officer in a national park will lead to federal drug charges. Another case where someone is likely to face drug charges in federal court is when the person is named by another defendant. This occurs when federal prosecutors offer incentives to certain people to give them names of others involved in illegal drug activity.
Finally, people can be sent to federal court when state and federal officials decide that the case should be transferred. These decisions are made in private. Additionally, there is no appeal system in place for this decision.
People who are facing drug charges -- in state or federal court -- should make sure to understand their legal rights. An attorney can help to protect people facing drug charges by creating a comprehensive criminal defense strategy.
Source: Slate, "What Makes a Drug Crime a Federal Offense?," accessed Dec. 14, 2014
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