Police arrest you on a drug charge in North Carolina. As you try to understand the situation, you learn that federal agents helped investigate your case. Does that mean you could face federal charges or a longer prison sentence?
Not necessarily. State and federal drug charges involve different laws and prosecutors. The charges you face determine which court handles your case, and each court follows its own rules when deciding your sentence.
Who handles your case?
If you face a state drug charge, North Carolina prosecutors handle your case in state court. State law covers illegal drug possession and sales.
Federal prosecutors bring cases under federal drug laws. They often handle large drug sales networks, but you do not have to cross state lines or take part in a large operation to face federal charges.
Federal agents may work with local police even when prosecutors file no federal charges. If the same act violates both state and federal laws, you could face charges in both courts. That does not happen in every case.
How do courts decide penalties?
In North Carolina, judges use state sentencing rules for most felonies. The charge and your past convictions help set the range of punishment. Trafficking convictions carry prison terms, though the law allows limited exceptions.
Federal judges use sentencing guidelines to calculate a suggested range of punishment. They may choose a sentence outside that range. However, federal law sets a minimum prison term for certain drug crimes unless an exception applies.
A federal charge does not always mean a longer sentence. The type and amount of drugs involved could affect the penalty in either court. You cannot judge the likely outcome from the court name alone.
What you may want to check
You may want to check the court name and charges on your paperwork. Keeping new notices together could help you track hearing dates. Those documents also show what prosecutors accuse you of as you explore ways to respond to the charges.
