Federal drug charges in South Carolina work differently than state drug charges in several important ways, from how conspiracy cases are built to how sentences are calculated. Below, Greg McCollum explains what a “historical drug case” is, how federal drug conspiracies differ from state charges, and how federal drug trafficking sentences are determined based on drug type and weight.
Frequently Asked Questions
What is a federal historical drug case?
The term “historical drug case” is really probably something that’s used more by lawyers than anything else to describe it. You probably don’t hear that term on the street or just talking to people.
But a historical case is a case where drugs were not found. In other words, it’s a situation where an investigation is ongoing and someone has been arrested and charged with drug trafficking or drug dealing and then they start saying that they were involved with other people.
They do this to give evidence to the government to help themselves and reduce their own sentence in their own plea bargain, and they start describing different acts that they alleged took place where other people participated. As that investigation continues, more people are charged, and those individuals frequently cooperate and start describing things, and so it expands out.
That’s what it’s designed to do, and many people that end up being charged in the drug conspiracy historical kind of case were never actually caught by law enforcement in possession of any type of illegal drugs.
What are federal drug crimes?
Federal drug crime is the same as state drug crimes. All of the different drug types that are illegal to either possess or sell in state court are also illegal to possess or sell in federal court.
The difference sometimes in federal court is that federal court will indict many people, perhaps 10 people, 20 people, 30 people or more, in a wide-ranging federal drug conspiracy. Those conspiracies have special rules so that people are held accountable for some conduct that they did not even participate in.
The other thing too in federal court with a federal drug case is many times the people charged in the conspiracy were never caught with any drugs. That’s a big difference between federal court and state courts, certainly in South Carolina.
The federal court historical drug prosecution is a case where many times people are charged in the conspiracy who actually were not possessing any drugs at the time that they were charged.
What is federal drug trafficking?
Federal drug trafficking really is just a general name for being charged with a federal drug crime. Many times, we call it trafficking because of the weight and quantities that are alleged. Usually, trafficking is not part of the federal crime vernacular.
Certainly, in any type of federal drug crime, the sentence, if a person is convicted or considering a plea bargain, is determined by the weights of the particular drug.
Someone who is convicted of a federal drug crime who is accused of less weight receives a lesser sentence. Someone who is accused of transporting or dealing in more weight, up to kilos or multiple kilos, receives a more severe sentence.
Also, the type of crime matters. For example, a marijuana weight is much less serious than other drugs such as cocaine, or most especially cocaine base, which used to be referred to as crack cocaine. The weights are different for each type of crime, which greatly affects the sentence if a person is convicted or pleads guilty.
Facing Federal Drug Charges in South Carolina
Federal drug conspiracy and trafficking cases carry serious potential consequences, and they can move quickly once an investigation expands. Greg McCollum brings roughly 30 years of experience to federal drug defense in South Carolina, including his background as a former prosecutor, which gives him insight into how these cases are built and pursued.
If you have questions about federal drug charges, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
