Federal Drug Crimes

Belleville attorney Lyndon P. Evanko practices criminal defense law throughout St. Clair, Madison, and Monroe counties in Illinois, including representing people charged with federal drug offenses and drug-related crimes in federal court.  Due to active enforcement and stiff statutory penalties, the punishments for committing federal drug crimes are in most instances more serious than the sentences imposed by state courts for similar offenses. 

The U.S. Drug Enforcement Administration (DEA) enforces the Controlled Substances Act, a 264-page law that prohibits, among other things, the intentional manufacture, distribution, or possession with the intent to manufacture or distribute, of a controlled substance.  Controlled substances are classified according to different schedules (I through V) and include drugs such as marijuana, cocaine, heroin, LSD, methamphetamines, and many others. 

Lengthy Sentences Imposed

Congress originally enacted the Federal Sentencing Guidelines to create some uniformity in the sentences handed down for similar crimes by federal courts across the country.  Based on the offense and the defendant's criminal history, these guidelines created a narrow range of sentences that the judge was required to impose.  Although these guidelines were originally mandatory, due to a successful constitutional challenge, they are now only advisory.

Other statutes still impose serious penalties for drug offenses, however.  The Federal trafficking penalties place a minimum of 5 years in prison for a first offense in certain instances, and if death or serious injury resulted from the commission of the crime, a person can be sentenced to 20 years to life on a first offense.  Besides lengthy sentences and life imprisonment, fines up to eight million dollars can be assessed on an individual defendant.  The federal death penalty is also authorized by law for murder committed during a drug-related drive-by shooting, or for trafficking in large quantities of drugs, although it is unclear whether the constitutionality of the penalty on the latter offense would hold up if it were to be imposed, since it does not require that a death result from the offense.

Due to the complex nature of federal statutes and the significant penalties involved, it is recommended that only an experienced criminal defense attorney be retained in federal court.  Lyndon P. Evanko has been practicing criminal law defense in the Illinois state and federal courts for 14 years.  If you have been charged in federal court with a drug crime, contact Lyndon P. Evanko, P.C. today or call us at (618) 397-1997 for a free consultation.