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Drug-related offenses in Houston are filed in State or Federal Court.  As a general rule, cases involving lengthy investigations into alleged drug conspiracies are filed in the Federal Court. Cases that involve short investigations and smaller amounts of drugs are filed in the State Court.  Sometimes, as a tactic, federal task forces will file charges in State court and then later transfer the cases to Federal court.

It is essential to understand that if a case is moved from state to federal court, it is a whole new case governed by Federal and not State law. Federal proceedings introduce distinct evidentiary standards, sentencing guidelines, and potential for harsher outcomes. Criminal Defense Lawyer Robert J. Fickman Criminal has over 40 years of experience defending those accused of drug cases in State and Federal court. He will zealously protect you, whether the charge is filed in State or Federal Court.

Factors Leading to Charges Being Filed in Federal Court and Understanding the Role of Federal Drug Task Forces

Federal Drug Task Forces are groups formed with representatives from various area law enforcement agencies. These groups often involve agents from the DEA, Customs, IRS, and officers from local law enforcement agencies. These Federal Drug Task Forces are well-funded. Consequently, they collaborate on long-term investigations aimed at uncovering suspected large-scale drug operations.

Interstate or International Elements in Drug Activity

When drug possession, distribution, or manufacturing involves transportation across state lines or from outside the United States, federal authority activates under 21 U.S.C. § 841. For instance, if evidence shows drugs moving through Texas ports like Houston or along major highways into neighboring states, a Federal Drug Task Force will be assigned to conduct a long-term investigation of those suspected of the illegal drug activity.

Large Quantities or Organized Trafficking Networks

Cases involving substantial amounts of controlled substances frequently draw federal attention. Texas is close to the U.S.-Mexico border and sees many such suspected operations investigated and prosecuted.  These investigations often utilize numerous tools to gather evidence against as many suspects as possible.  Some of the investigative tools utilized include:

• Wire taps on the phones of suspected drug dealers;
• Surveillance of suspected drug dealers;
• Confidential informants, who attempt to make controlled  drug purchases from those suspected of drug dealing;
• The use of Undercover agents who attempt to make controlled drug purchases from those suspected of drug dealing;
• The use of Search Warrants, which are executed on suspected drug houses or storage facilities;
• Federal Grand Jury subpoenas of suspects’ phone records, business records, and band records.

The Task force members may investigate a suspected drug operation for a lengthy period of time. The Task force throws out a net and tries to catch as many people believed to be involved in drug trafficking as possible. From the Defense perspective, the Government investigations often are based on inaccurate assumptions and inaccurate conclusions, which lead to innocent people being charged with being part of a Federal drug conspiracy. In other words, when the Government throws out its net to catch those who may be violating the law, the Government often catches people in the net who are not involved with any illegal activity.

Factors that may Draw Federal Involvement

Interstate commerce, use of the highways, use of the United States mail, use of wire transfers, use of federally insured banks, and use of Federal land are all matters that can draw Federal attention. Numerous factors can cause a Federal Drug Task Force to focus its attention on an individual or group. Quite often, a person is arrested on a drug offense, and they cooperate and give an interview to federal agents. The person who debriefs or “flips” usually provides information that triggers a Federal Drug Task Force investigation. It is   important to note that in defending someone charged with a Federal drug offense, the Defense must always look for what triggered the investigation. If an informant or snitch plays a key role in the Task Force investigation, the Defense must prepare to attack the credibility of this person. Attacking an informant’s or snitch’s credibility is a skill that can be learned. Criminal Defense Lawyer Robert Fickman has taught other defense lawyers at seminars across the United States how to investigate and effectively cross-examine witnesses, also known as snitches.

Defending Against Federal Drug Charges

When facing serious federal drug charges, defendants have constitutional rights and viable defenses that may be raised, depending on the specific facts of the case. Here are some of the defenses you can employ  when defending against a federal drug charge:

• Challenge whether the search and seizure complied with the Fourth Amendment.
• Scrutinize whether wiretap evidence was lawfully obtained.
• Scrutinize the snitches and undercover agents who allege the accused has done anything related to a drug-dealing operation.
• Questioning whether the prosecution has established actual possession, intent to distribute, or participation in a conspiracy.

Due to the high stakes and complexity of federal drug charges, these cases necessitate careful and aggressive criminal defense tailored to the unique demands of federal court proceedings. It is advisable to hire an experienced federal criminal defense attorney when investigated for or charged with a federal drug offense. It is essential to note that many defense lawyers practice exclusively in state courts and have limited or no experience in defending against the Federal Government.  When fighting in Federal Court, you want a lawyer who has as much Federal experience as possible.

Protect Your Future in a Houston Federal Drug Case

If you are initially charged in state court and your case is refilled in Federal Court, you want an experienced Federal Criminal Defense Lawyer to defend you. Your state lawyer may not have the experience to handle a serious Federal drug charge. However, you can quickly secure representation to challenge the government’s evidence and pursue every avenue for a favorable resolution. Robert J. Fickman has represented individuals in Federal court in high-stakes drug cases for over four decades. Contact him online or call his office at 713-655-7400 to secure his representation.