Federal and State sentencing guidelines for drug charges are fairly strict. If you have been charged with a drug crime it is important that you know the seriousness of your situation and how a conviction will affect your future.
Consequences of a Drug Conviction
1) Career Consequences
2) Loss of Property – Civil Forfeiture Laws
3) Termination of Parental Rights
Under the Texas Family Code §§ 161.001; 161.003(a) - Circumstances That Are Grounds for Termination include - Alcohol or Drug Induced Incapacity Felony Conviction/Incarceration
4) Higher Education Act – students denied financial aid with drug conviction
http://www.aclu.org/Files/OpenFile.cfm?id=11705
Did you know that thousands of students are being denied a college education just because they have a drug conviction? In 1998, Congress passed an amendment to the Higher Education Act (HEA) of 1965 that denies federal financial aid to individuals with a drug conviction. Those convicted of any other crime, even murder or rape, are still eligible for financial aid, while those convicted of marijuana or other drug charges face a bar to aid that lasts anywhere from one year to life.
Question 35 on the Free Application for Federal Student Aid (FAFSA) asks students to disclose whether they have been convicted of any drug offense. If the student answers “Yes” or even leaves the question blank, the student will be automatically denied aid and in many cases, a college education. Since 2000, 87,637 students have been denied aid under this act.
In 1998, the Higher Education Act was amended to prohibit anyone with a drug conviction from receiving federal financial aid for post-secondary education. The amendment is codified at 20 U.S.C. 1091(r)(l). A student who has been convicted of any offe nse under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this subchapter [20 U.S.C.A. § 1070 et seq.] and part C of subchapter I of chapter 34 of Title 42 [42 U.S.C.A. § 2751 et seq.] during the period beginning on the date of such conviction and ending after the interval specified below:
Under the law, a student who has been convicted of any offense under any federal or state law involving the possession or sale of a controlled substance is not eligible to receive any grant, loan, or work assistance during the period beginning on the conviction date. The period of ineligibility lasts one year for a first possession offense, two years for a second offense and permanently for a third. In the case of a conviction for sales, a first offense leads to two years of ineligibility and a second conviction leads to a permanent ban on receiving federal aid. A student whose eligibility has been suspended may resume eligibility early if he or she satisfactorily completes a drug rehabilitation program complying with certain criteria, even if they are not addicted to drugs. They would also qualify for aid if the conviction is reversed and set aside.
In addition, federal law also denies a tax credit to students and their families if the student has been convicted of a drug felony. The “Hope Credit” normally allows $1500 in tax credits, but permanently excludes students with any prior drug felony conviction. In the 2001-2002 school year, 48,629 students were formally denied aid for some or all of the school year. To date, approximately 92,841students have been denied access to financial aid because of this provision.
http://www.drugpolicy.org/docUploads/Postincarceration_abuses_memo.pdf
About 20,000 students each year are denied Pell Grants and about 30,000 to 40,000 lose out on student loans because of a federal law that denies financial aid to college students who’ve been convicted of drug crimes, according to a federal study released in September, 2005. This report may be viewed in PDF format at the following website - http://www.gao.gov/new.items/d05238.pdf .
5) Public Housing will be denied with a drug conviction
Did you know that if you live in public housing and a family member or guest uses drugs, your whole family
can be evicted? In 1996, the Department of Housing and Urban Development (HUD) enacted a new “One
Strike and You’re Out” policy that has put many people out on the street. “One Strike” guidelines dictate that a
single drug crime, on or off the housing premises, can result in the eviction of the entire household.
There are 3,400 public housing complexes that receive funding from HUD. The “One
Strike” guidelines require that if the tenant, another member of the household, a
guest, or any other person connected with the tenant is involved with drugs, the
entire household can be evicted. A drug eviction makes the tenants ineligible for
public housing for three years after the date of eviction. In addition, PHAs must deny
admission of public housing to anyone whom they have “reasonable cause to believe” has “a pattern of illegal drug use.” In the first six months after the “One
Strike” guidelines were adopted, evictions jumped from 9,835 to 19,405.
6) Felony Disenfranchisement
Did you know that over 4 million Americans are barred from the voting booths because of felony convictions? Almost all states deny convicted felons the right to vote while incarcerated. But in 13 states, ex-felons remain disenfranchised for the rest of their lives (Note: Not in Texas). Felony disenfranchisement laws, first enacted as part of Jim Crow, continue to have a disproportionate impact upon African-Americans: 13% of black men, totaling 1.4 million people, are denied the right to vote. In Florida, where the 2000 presidential election was decided by a margin
of 537 votes, 436,900 ex-felons who had completed their sentences were legally barred from casting a ballot.
Because every state has different voting laws, felony disenfranchisement laws vary
widely across the nation. Only Maine and Vermont have no voting restrictions for convicted felons. The majority of states bar convicted felons from voting only while serving their sentences. Depending on the state, probation and parole terms must also be completed in addition to any prison time before voting rights can be restored (note: Texas). Several states permanently bar all felons from ever voting again.
7) Drug Conviction May Make Person Ineligible for Welfare Benefits
Did you know that a drug conviction can result in a lifetime ban on receiving welfare? The Welfare Reform
Act permanently denies welfare benefits such as cash assistance and food stamps to any person convicted of a
state or federal felony drug offense. No other offense, including murder or rape, results in a loss of benefits.
Currently, 19 states impose the ban in full, and 31 states (including IL, NM, NY, NC, and SC) and the District
of Columbia have eliminated or modified the ban.
http://www.campionlawfirm.com/CM/FSDP/PracticePage/Criminal-Law/Drug-Charges.asp
Conviction for drug possession, trafficking, sale, or distribution carries devastating consequences in Texas, in State and Federal Court. If you are facing drug charges, you need a criminal defense attorney with drug case experience. Our drug charges defense team, led by Charles Campion, has extensive experience representing clients facing drug charges at every level of the criminal justice system and involving every type of illegal and controlled substance. Long prison sentences are common, and often required under Texas law in drug cases. We can help.
Consequences of a Drug Conviction, continued...
Narcotics laws began to appear in the early 1900's. In 1970, the federal government passed the Drug Abuse Prevention and control Act which codified federal drug law into a uniform system. Drugs became classified into five categories, listed in schedules, and regulatory requirements and penalties for the misuse of drugs were established by the Act. The Attorney General may add drugs to the schedules as he or she deems necessary.
Most states have drug laws that are similar to the federal laws, but penalties for drug crimes may be less harsh and more flexible than those stated in the federal sentencing guidelines. A conviction of possession processed by the state courts may result in drug treatment or probation rather than jail time.
View Federal Sentencing Guidelines
View State of Texas Sentencing Guidelines
The most severe legal restrictions and penalties involve Schedule I and II drugs as stated in the federal law. Schedule I drugs are those with a high potential for abuse, with an absence of any medical use, and that are dangerous to the user even under medical supervision. The most well known of these drugs are heroin, LSD, mescaline, marijuana, and peyote. Schedule II drugs have a high potential for abuse and a high potential for severe psychological or physical dependency, but a currently accepted medical use. Schedule II drugs include opium, cocaine, methadone, amphetamines, and methamphetamines. Schedule III drugs, by comparison have less potential for abuse than Schedule II drugs, a potential for moderate psychological or physical dependency, and an accepted medical use. The most well known Schedule III drug is naline, which is used to detect narcotic use. Schedule IV drugs have less potential for abuse than Schedule III drugs, they have a limited potential for dependency, and they are accepted in medical treatment. These drugs include tranquilizers, meprobamate, chloral hydrate, most drugs that cause sleep, and sedatives. Schedule V drugs, which have a low potential for abuse, limited risk for dependency, and accepted medical uses, include drugs with small amounts of codeine or other narcotics in them.
There are forty-three base offense levels for drug charges in the federal sentencing guidelines. The higher the offense level, the harsher the sentence. Common examples are as follows. A person is convicted of manufacturing 300 kilograms of heroin. The base offense level for this crime is forty-two. Another person is convicted of manufacturing 300 kilograms of cocaine. The base offense level for this crime is thirty-eight. There are many other factors involved in sentencing such as criminal history and details in the case, but if the situations are similar in these two cases, the person convicted of manufacturing cocaine will receive a lighter sentence than the person convicted of manufacturing heroin. Crack is on the same controlled substance list as cocaine, but a person convicted of delivering 5 grams of crack will receive the same sentence (all things being equal) as another person convicted of delivering 500 grams of powdered cocaine. It is important that a knowledgeable attorney represents the accused, especially one familiar with the federal sentencing guidelines. Equally as important, your attorney should be one that pays very close attention to detail, because very often, drug cases require a substantial amount of investigatory work for a well-established defense to be built.
The crime of Simple Possession requires that the offender knowingly and intentionally possesses a scheduled drug without a valid prescription. As stated earlier, the prosecution must prove the offender had actual possession of the drug and that he or she knew the drug was a controlled substance. For this crime of possession the federal sentencing guidelines give a maximum of one year for a first-time offender, a maximum of two years for a second offender, and a maximum of three years in prison for a third-time or higher offender.
Manufacturing, delivering, or possessing with intent to deliver a controlled substance is a crime with escalating penalties depending on the drug involved, the quantity of the drug, and the offender's prior record. For example, a first offender convicted of possessing with intent to deliver 100 grams to five kilograms of heroin will receive a mandatory minimum sentence of five years in prison, but possibly as many as forty years. Three crimes-distributing controlled substances to persons under twenty-one years of age, distributing controlled substances near a school, and causing persons under age eighteen to violate drug laws-are penalty-enhancement crimes for which the sentence is double or triple what it would otherwise be for distributing that particular amount and type of drug under other circumstances.
A drug-related crime could mean time in federal prison if convicted under the federal sentencing guidelines. Drug crimes do carry harsh penalties, which is why it is very important to have a knowledgeable attorney representing you.