Q: My cousin got locked up for 1st d. trafficking of meth. I'd like to know how much time she's looking at. Please help
This isn't her 1st drug offense, but 1st trafficking offense among 2 other charges. I'm also aware that with trafficking she can be charged by the state and federally. Can you explain that? I'm trying to figure out how much time she's looking at and could use some guidance.
I'd appreciate any help you can offer.
Thank you
A: Depending on her prior history, she could be looking at 10-20 years for a subsequent trafficking offense. Separate sovereigns means that she could be prosecuted in federal court and also in state court bc double jeopardy does not apply.
A:
Unfortunately I do not have enough details about your cousin's specific case to estimate potential sentencing. Trafficking charges and sentences vary greatly depending on the amount trafficked, criminal history, whether state or federal charges are pursued, and other factors. However, I can provide some general information.
In Kentucky, first degree trafficking of methamphetamine (less than 2 grams) can potentially carry 1-5 years imprisonment under state law. Federal trafficking charges tend to be more severe - for example, 5-40 years imprisonment depending on the quantity.
Kentucky also has sentencing enhancements for those with prior felony drug convictions. So your cousin's criminal record could mean substantially longer sentencing.
It is possible to face both federal and state charges for the same trafficking crime. This would mean serving sentences concurrently or consecutively.
As for the process - your cousin's charges will be reviewed by both state and federal prosecutors. They will decide independently whether to pursue state or federal charges (or both). Factors like quantity trafficked, criminal history, evidence, and resources guide these charging decisions.
I would recommend your cousin retain a criminal defense attorney as soon as possible. An experienced trafficking lawyer can advocate for your cousin, examine the evidence and charges, provide an estimate of potential sentencing, and guide defense strategy. This gives your cousin the best chance at minimizing sentencing exposure. The specifics of the case are most important, so professional legal advice is highly recommended.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.