Answers to Common Questions

"What should I do if I've been arrested?"

The first thing you need to do if you've been arrested is stay calm and remain silent. Then call our offices as soon as possible; the sooner you contact us, the sooner we can protect your rights and represent your best interests. Our office has very good relationships with police and prosecutors and we will intervene immediately to address the crisis, while protecting your individual rights.

The Effects of a Drug Conviction on Benefits

21 U.S.C. § 862 (Denial of Federal Benefits to Drug Traffickers and Possessors) provides that any individual who is convicted of any Federal or State offense consisting of the distribution of a controlled substance shall, at the discretion of the court, be ineligible for any or all Federal Benefits for up to 5 years upon a first conviction. Upon a second conviction, the period of ineligibility is 10 years, and upon a third conviction, they are permanently ineligible for all Federal Benefits. (21 U.S.C. § 862(a)(1)) The denial of benefits does not include those relating to long-term drug addiction treatment programs for a person who declares himself to be an addict (and there is a reasonable body of evidence to support that declaration) and submits himself to a long term addiction treatment program, or is deemed rehabilitated under the rules established by the Secretary of Health and Human Services. (21 U.S.C. § 862(a)(2))

Any individual who is convicted of any Federal or State offense involving the possession of a controlled substance shall, upon a first conviction and at the discretion of the court, be subject to any combination of the following: (1) be ineligible for any or all Federal benefits for up to one year, (2) be required to successfully complete an approved drug treatment program which includes periodic testing, or (3) be required to perform community service. (21 U.S.C. § 862(b)(1)(A)) Upon a second conviction, at the discretion of the court, an individual shall be ineligible for all Federal benefits for up to 5 years, and the court may require the individual to complete a drug treatment program or community service in order to have the Federal benefits reinstated. (21 U.S.C. § 862(b)(1)(B)) However, these penalties may be waived if a person declares himself an addict (and there is a reasonable body of evidence to support that declaration) and submits himself to a long term addiction treatment program, or is deemed rehabilitated under the rules established by the Secretary of Health and Human Services. (21 U.S.C. § 862(b)(2))

“Federal benefit” means, “the issuance of any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States.” (21 U.S.C. § 862(d)(1)(A)) It expressly does not include, “any retirement, welfare, Social Security, health, disability, veterans benefit, public housing, or other similar benefit, or any other benefit for which payments or services are required for eligibility.” (21 U.S.C. § 862(d)(1)(B))

The period of ineligibility shall be suspended if the individual completes a drug rehabilitation program, has otherwise been rehabilitated, or has made a good faith effort to be admitted to a drug rehabilitation program but is unable to because of the inaccessibility or unavailability of such a program or the inability to pay for such a program. (21 U.S.C. § 862©)

21 U.S.C. § 862a (Denial of Assistance and Benefits for Certain Drug-Related Convictions) provides that an individual convicted under Federal or State law of felony possession, use, or distribution of a controlled substance, shall not be eligible for assistance under any state program funded under part A of title IV of the Social Security Act, or benefits under the food stamp program or any state program carried out under the Food Stamp Act of 1977. (21 U.S.C. § 862a(a))

Part A of title IV of the Social Security Act (Block Grants to States for Temporary Assistance for Needy Families) states that the purpose of the act is to increase the flexibility of States in operating a program designed to (1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; (2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and (4) encourage the formation and maintenance of two-parent families. (42 U.S.C. § 601)

Furthermore, nothing in § 862a shall be construed to deny Federal benefits involving emergency medical services under Title XIX of the Social Security Act, short term noncash in-kind emergency disaster relief, public health assistance or immunizations, public health assistance for testing and treatment of communicable diseases if the Secretary of Health and Human Services determines that it is necessary to prevent the spread of such disease, prenatal care, job training programs, or drug treatment programs. (21 U.S.C. § 862a(f))

Therefore, a Federal drug distribution or possession conviction will result in the loss of “Federal Benefits” as defined above, as well as food stamps and benefits provided by a program funded under part A of title IV of the Social Security Act, but not a loss of retirement or social security benefits, seeing as they are excluded from the definition of “Federal Benefit” and do not have anything to do with part A of title IV of the Social Security Act or the Food Stamp Act. Also, under 21 U.S.C. Ch. 13, Subch. I, Pt. D, which deals with offenses and penalties under the Drug Abuse Prevention and Control chapter of 21 U.S.C., §§ 862 & 862a are the only sections that regard denial of assistance and benefits.

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