Criminal Defense FAQ

Wouldn't longer sentences mean less overall crime?
Is there a way to punish a criminal before he actually commits the crime he is planning?
Are all illegal drugs treated equally when it comes to punishing drug dealers?
Can a person be guilty of drunk driving if he has had only one drink?
What is the role of the federal government in criminal law?
Are grand jury proceedings secret?
Are there special crimes to control children's behavior?
What is the difference between probation and parole?
How does a assistant state attorney decide which criminals to charge?
Is driving over the speed limit a crime?
Can only businesspersons be charged with white-collar crimes?

Are all illegal drugs treated equally when it comes to punishing drug dealers?
No, the punishment for drug crimes depends not only on the criminal conduct of the offender but also on the classification of the drug. Federal sentencing guidelines begin with forty-three base offense levels and add or subtract levels depending on certain specified criteria. The higher the offense level, the harsher the sentence.

The base offense level under the federal guidelines differs for different drugs and for different amounts of the same drug. For instance, if the conviction is for the crime of manufacturing 300 kilograms of heroin, the base offense level is forty-two. However, if the conviction is for manufacturing 300 kilograms of cocaine, the base offense level is thirty-eight. Crack is a form of cocaine and listed on the same schedule of controlled substances. However, the quantities of crack needed to impose a certain sentence are much less than the quantity of powdered cocaine. For example, a person convicted of the crime of delivering 5 grams of crack will receive a sentence in the federal system of five to forty years. A person would have to be convicted of delivering 500 grams of powdered cocaine to receive that same sentence.