Federal Task Force Investigations vs. State Drug Cases
You were arrested by LAPD for drug possession. State charges filed. Then you heard federal prosecutors might “adopt” your case. You’re terrified. Thanks for visiting Spodek Law Group – a second generation law firm with over 50 years of combined experience. Our managing partner, Todd Spodek, has many, many, years of experience defending clients facing both state and federal drug charges. Todd has represented clients in high-profile cases covered by NY Post, Newsweek, and other national outlets – including Anna Delvey and juror misconduct allegations in the Ghislaine Maxwell trial. When state drug cases become federal cases, what triggers federal involvement, how task forces work, why federal charges are FAR worse, and what to do RIGHT NOW if you face both state and federal prosecution.
State Drug Case Becomes Federal
Arrested by local police. State charges filed Los Angeles County Superior Court. Then federal prosecutors “adopt” your case – filing federal charges Central District of California.
What triggers? Interstate activity: drugs crossed state lines. Federal agent involvement: DEA, FBI, ATF at ANY stage. Federal property. U.S. Mail. Large quantities: 1kg+ cocaine, 50g+ meth, any fentanyl. Task force investigations: HIDTA or OCDETF. Money laundering component.
The “federal adoption” process: Arrested by LAPD. State charges filed county court. Federal prosecutors review through task force coordination. File federal charges U.S. District Court. You face BOTH state AND federal charges. Or state charges dismissed, federal only. March 2025: 1,159 new federal drug prosecutions in single month.
Why federal prosecutors “adopt”: Resources. Unlimited federal budget. Sentencing leverage. Mandatory minimums create cooperation pressure. Jurisdiction. Interstate trafficking. Political priorities. 2025 “Operation Take Back America” focuses fentanyl, cartels.
Real impact: state case 2-3 years becomes federal case 10-20 year mandatory minimum.
HIDTA and OCDETF Task Forces
Task force investigation means federal prosecution likely.
OCDETF (Organized Crime Drug Enforcement Task Forces): 500 federal prosecutors, 1,200 federal agents, 5,000 state/local police. Prosecutor-led, intelligence-driven. Targets highest-level criminal organizations. Enhanced mandatory minimums. Aggressive asset forfeiture.
HIDTA (High Intensity Drug Trafficking Areas): DEA manages 317 state/local task forces. Los Angeles is HIDTA region. HIDTA investigations meeting OCDETF standards proposed for OCDETF inclusion.
Multi-agency approach: Intelligence sharing. Federal funding. Evidence from multiple agencies harder to challenge. “Operation Take Back America” (2025): OCDETF resources targeting cartels, fentanyl. More state cases adopted.
What task force designation means: Federal prosecution likely. Investigation 18-36 months before arrest. Cooperation pressure immense.
Federal Charges FAR Worse
Federal mandatory minimums under 21 U.S.C. § 841: 5 years minimum (5kg+ cocaine), 10 years minimum (50g+ meth base, fentanyl with death), 20 years to life (prior felony conviction). NO PAROLE in federal system. Federal sentencing guidelines add years beyond mandatory minimums. California state charges: HS 11350 (possession) typically 1-3 years county jail, often probation for first-time offenders. HS 11351 (possession for sale) typically 2-5 years state prison, probation possible. Proposition 47 reduced many offenses to misdemeanors. Good time credits reduce sentence by 50%. Federal enhancements worse: 18 U.S.C. § 924(c) firearms enhancement adds 5-10 years CONSECUTIVE. Even unloaded gun triggers enhancement. Prior drug convictions double mandatory minimum. Death resulting adds 20 years to life.
Asset forfeiture more aggressive. Federal civil forfeiture doesn’t require criminal conviction. Government sues property itself. Burden of proof on YOU. Property seized before trial, held for years during litigation. 85% rule: must serve 85% of federal sentence. No parole since 1987. California state offenders serve 50% with good time. Federal defendant sentenced to 20 years serves minimum 17 years. State defendant sentenced to 5 years serves 2.5 years.
Trial penalty: Federal defendants who go to trial face 2-3x longer sentences than those who plead guilty. “Acceptance of responsibility” reduction for pleading guilty typically 25-40% sentence reduction. Judges punish exercising trial right. Trial on 10-year mandatory minimum case and lose? Expect 15-20 years. Plead guilty? Expect 10-12 years. Cooperation pressure: mandatory minimums force cooperation. Only way to reduce 20-year mandatory minimum is “substantial assistance” departure. Requires cooperation – debriefings with federal prosecutors, testimony against co-defendants at trial. Federal prosecutors use mandatory minimums as leverage to flip defendants against each other.
Facing Both State and Federal Charges
Double jeopardy does NOT apply. Federal and state governments are “separate sovereigns” (Heath v. Alabama, Gamble v. United States). Can prosecute you in Los Angeles County Superior Court AND U.S. District Court for same conduct. No Constitutional violation despite being punished twice for identical facts.
Strategic decisions: Plead guilty state court quickly (2-3 years), hope federal prosecutors decline federal charges? Risky. Wait for federal charges, cooperate with federal prosecutors for substantial assistance departure (reduce 20-year mandatory minimum to 5-8 years)? Risky. Fight state charges; if you win suppression motion state court, federal prosecutors may decline federal charges? Maybe.
Parallel proceedings: In LA County jail on state charges while federal grand jury investigates. Federal agents interview you in county jail. Statements in state proceedings used in federal prosecution. Testimony in state proceedings under immunity doesn’t protect you from federal prosecution (separate sovereigns).
Defense strategy differences: STATE COURT – negotiate probation, drug treatment programs, challenge searches under California Constitution (more protective), local jury. FEDERAL COURT – cooperation often REQUIRED, suppression harder (good faith exception), trial penalties severe, federal jury pro-government, judges appointed for life.
Cooperation timing matters. Cooperate early in federal investigation = better substantial assistance departure. Federal prosecutors value cooperation BEFORE indictment. Plead guilty state court first? Lose leverage with federal prosecutors.
Constitutional concerns (Dershowitz angle): Separate sovereigns doctrine violates double jeopardy principles. Fifth Amendment states no person shall “be subject for the same offence to be twice put in jeopardy.” Administrative state overreach – multiple governments piling on for same behavior. Cooperation coercion through mandatory minimums violates right to remain silent, right to trial.
What to do RIGHT NOW: Don’t make statements to ANY agency. LAPD, DEA, FBI – all share information. Don’t assume state charges means only state exposure. Invoke right to counsel for ALL investigations. Say: “I am invoking my right to counsel for any investigation, state or federal.” Don’t cooperate without attorney guidance on BOTH exposures.
You have Constitutional protections – right to counsel, Fifth Amendment, due process. ONLY if you assert them. Unlike other law firms who are more focused on their relationship with prosecutors and judges, Spodek Law Group protects YOUR Constitutional rights. We challenge illegal federal adoption of state cases, suppress statements taken without proper warnings, force prosecutors to choose state OR federal (not both). We are available 24/7 for a risk-free consultation. If you’re facing state drug charges and worried about federal charges: Don’t make statements. Invoke your right to counsel. Call us. 212-300-5196.