Pelham, GA Criminal Defense Law Firms & Lawyers

Investigators are suppose to fully investigate cases of any nature.  This investigation should include speaking to any and all potential witnesses.  Any failure in fully investigating a case, even if it is a "slam dunk" one, can result in a seasoned defense attorney being able to pull their case apart.

If you haven't been arrested and no charges have been filed, then you technically don't have anything you need to do. If you have been arrested, or if the cops are asking you questions about the incident, then you should hire a criminal defense attorney immediately.

Yes, under federal law, crack cocaine and powder cocaine are punished differently. The penalty for a crack cocaine offense is 100 times the penalty for a powder cocaine offense. In other words, a person convicted of possessing or selling five grams of crack cocaine would receive a mandatory five year prison sentence, while the same offense involving powder cocaine must involve 500 grams to trigger the five year mandatory prison sentence. The United States Sentencing Commission has twice urged that the penalties for crack and powder cocaine be changed so that they are less disparate. In 1995, the United States Sentencing Commission urged that the penalty levels for offenses involving crack and powder cocaine be equal. It backed up its proposed amendments with years of study and hearings, and a very well-documented report of over 200 pages of sound research and findings. But Congress, at the urging of the President, rejected the amendments and ordered the Commission to study the issue further. In 1996, the Supreme Court upheld the constitutionality of the 100:1 crack-to-powder cocaine sentencing ratio. In 1997, the Sentencing Commission released its new study and again recommended that Congress reduce the 100:1 ratio of crack to powder cocaine penalties. This time, however, instead of recommending the penalty scheme be equalized, the Commission urged Congress to reduce the disparity from 100:1 to 5:1. President Clinton issued a statement commending the Commission on the report, and directing the Attorney General and the "Drug Czar" to study it and submit their own recommendations on federal cocaine sentencing. On July 3, 1997, the Attorney General and Drug Czar also recommended a more modest reduction in the crack/powder sentencing guideline ratio. The Clinton Administration followed suit by publicly proposing a greater reduction than the Attorney General. Also in 1997, over two dozen federal appeals and district court judges -- all of whom formerly served as United States Attorney -- submitted a letter to the Senate and House Judiciary Committees urging the elimination or drastic reduction of the current disparity in the crack/powder cocaine penalty schemes. Not only has Congress failed to act to implement the recommendations of the Sentencing Commission, President, Attorney General and scores of federal judges, but at least one U.S. Senator, Wayne Allard (R-CO), has introduced legislation to increase the penalties for powder cocaine to match those of crack cocaine! Stay tuned.