Jurisdiction In Pennsylvania Drug Cases
Jurisdiction is a court’s legal authority to issue a decision about a case. It is usually connected to a geographic area. For example, in a personal injury lawsuit stemming from a car accident, the courts of the state where the accident happened have jurisdiction, even if the plaintiff who got injured and the defendant who caused the accident live in other states. Likewise, there is sometimes room for disagreement about jurisdiction in divorce cases when the couple has separated and are living in two different states; each state has its own laws about eligibility requirements for filing for divorce in that state. In criminal cases, the first assumption in determining jurisdiction in criminal cases is that the state courts of the state where the crime happened have jurisdiction to try the case. In drug cases that go beyond simple possession, though, matters of jurisdiction are not always so simple. If you are being accused of a drug crime that could go through federal court, contact a Pittsburgh drug crime lawyer.
What Makes a Drug Crime Federal?
You often read in the news about people in Pennsylvania and other states being charged with drug crimes in federal court. The Google snippet answer about what makes something a federal crime is that it violates a federal law or takes place in more than one state. This answer does not get into the specifics of what makes prosecutors refer drug crimes to federal court. These are some scenarios where you might end up facing federal charges if you get caught with illegal drugs in Pennsylvania:
- There is evidence that you transported the drugs from out of state.
- You bought the drugs online, and, by definition, the Internet is not specific to one geographic area.
- Prosecutors are accusing you of participating in a drug trafficking conspiracy with conspirators in more than one state.
Whether your case goes through state court or federal court, the same rights of defendants in criminal cases apply.
In the News
In July 2024, a federal court in Pennsylvania handed down a sentence for Andrew Brent Steel, 33, who lives in Michigan but was charged with crimes stemming from an arrest in Pennsylvania. Steel’s sentence is nine years in federal prison, followed by four years of supervised release. Police became aware of Steel’s activities when they conducted controlled purchases after an investigation that identified him as part of a drug trafficking operation in western Pennsylvania. When they arrested him, they found pure fentanyl powder in his possession, as well as a mixture of cocaine and fentanyl. Steel was also in possession of the phone that he had been using to communicate with law enforcement officers during the controlled purchases.
Contact Gary E. Gerson About Criminal Defense Cases
A criminal defense lawyer can help you if you are facing criminal charges in federal court after agreeing to sell illegal drugs to an undercover law enforcement officer. Contact the law offices of Gary E. Gerson in Pittsburgh, Pennsylvania about your case.
Source:
wkbn.com/news/pennsylvania/detroit-man-pleads-guilty-sentenced-for-role-in-pa-drug-operation/
