Chicago Federal Crimes Defense Lawyers Explain the Charges

Understanding Federal Crimes Charges: A Guide for Defendants

Dealing with any criminal charge can be an overwhelming and scary experience. When those charges are at the federal level, the stakes become even higher and the process more complex. As a defendant facing potential federal charges, it’s important to understand exactly what that entails so you can navigate the system effectively.

How Federal Crimes Differ from State Crimes

The first key difference is who investigates and prosecutes the crimes. For federal charges, specialized federal agencies like the FBI conduct investigations, while federal prosecutors from the U.S. Attorney’s Office handle the prosecution.Federal crimes also tend to deal with issues that cross state borders or relate to the interests of the country as a whole – things like mail fraudwire fraud, terrorism, major drug trafficking operations, public corruption cases, civil rights violations, and offenses committed on federal property.Finally, if convicted of a federal crime, defendants face sentencing under federal guidelines and will serve their time in the federal prison system rather than state facilities. The process also differs in terms of the grand jury requirement and other procedural rules.

Steps in the Federal Criminal Justice Process

Here is an overview of some of the major steps in a federal criminal case:

Investigation and Charging

  • Federal agencies like the FBI, DEA, ATF, IRS, or Homeland Security investigate potential federal crimes.
  • Investigators gather evidence and build a case. Common techniques include surveillance, undercover operations, witness interviews, financial records analysis, and grand jury subpoenas.
  • Prosecutors present evidence to a federal grand jury, which decides whether probable cause exists to issue an indictment with criminal charges.

Arrest and Initial Court Hearings

  • If indicted, the defendant is arrested and brought before a judge for an initial appearance within 48 hours.
  • The judge informs the defendant of the charges against them and their rights, including the right to an attorney.
  • Bail conditions and/or pre-trial detention may be discussed.

Discovery Phase

  • This is the evidence gathering phase. Prosecutors and defense counsel exchange information through the discovery process.
  • The defense can file motions to obtain evidence from the prosecution, challenge certain evidence as inadmissible, or raise constitutional issues.

Plea Bargaining

  • Many federal cases end with a plea bargain rather than trial.
  • Defendants plead guilty in exchange for charging or sentencing concessions from prosecutors. This avoids the time and expense of a trial.

Trial

If no plea bargain is reached, the case proceeds to trial:

  • Jury selection takes place, where the jury pool is screened through voir dire questioning.
  • Prosecutors and defense lawyers give opening statements to outline the case.
  • Witnesses testify and physical evidence is presented.
  • Closing arguments from both sides summarize the main points.
  • The jury deliberates and returns a verdict.

Sentencing

If convicted, sentencing usually happens about three months later:

  • A pre-sentence report guides sentencing recommendations under the U.S Federal Sentencing Guidelines.
  • The judge determines and imposes a sentence – probation, restitution, fines, asset forfeiture, and/or prison time.

Appeals

  • Convicted defendants can appeal to higher courts on issues related to legal/procedural errors, insufficient evidence, unreasonable sentences, etc.

This overview provides a basic primer, but every case has its own complexities. Don’t hesitate to consult with a federal criminal defense lawyer to understand your best options.

Key Differences Between State and Federal Charges

Given the complexities of facing federal charges, it helps to understand exactly how they differ from state charges:

1. Conducting the Investigation

  • State: Local police and prosecutors typically investigate state crimes.
  • Federal: Federal agencies like the FBI handle investigations, working closely with federal prosecutors.

2. Level of Seriousness

  • State: Covers the full range of crimes from minor misdemeanors to serious felonies.
  • Federal: Limited to serious felony-level offenses involving federal statutes.

3. Grand Jury Requirement

  • State: Grand juries may be used but are not always required to bring charges.
  • Federal: Grand juries are typically required to issue an indictment before a federal case moves forward.

4. Sentencing Rules

  • State: Individual judges have more flexibility and discretion during sentencing.
  • Federal: Stricter sentencing guidelines and mandatory minimums apply under federal law.

5. Prison System

  • State: If convicted and sentenced to prison, defendants enter state correctional facilities.
  • Federal: Federal inmates are housed within nationwide federal prisons operated by the Bureau of Prisons.

6. Parole Opportunities

  • State: Many state prison systems allow parole opportunities with early release.
  • Federal: There is generally no parole offered in the federal prison system.

Common Federal Crimes and Their Penalties

The specific federal charges you end up facing will determine the potential penalties if convicted. Here is an overview of some common federal offenses and their sentencing ranges:

Drug Trafficking and Distribution

Selling substantial quantities of illegal drugs often triggers federal charges rather than state prosecution. Penalties vary based on the drug amounts and defendant’s criminal history but may include:

  • 5-40+ years in federal prison
  • Massive fines up to $10 million
  • 5 years probation
  • Asset forfeiture

Harsher mandatory minimums and sentencing enhancements apply for offenses like selling drugs to minors or engaging in continued criminal enterprise.

White Collar Financial Crimes

Non-violent financial schemes that illegally obtain money or property may face prosecution for things like:Bank Fraud

  • Up to 30 years in prison
  • Restitution to victims
  • Up to $1 million in fines

Tax Fraud

  • Up to 5 years in prison
  • Repayment of unpaid taxes
  • Large fines

Money Laundering

  • Up to 20 years in prison
  • Asset forfeiture
  • Steep fines

Higher penalty ranges apply to things like investment fraud, mortgage fraud, embezzlement, public corruption, and Ponzi schemes.

Firearms Offenses

Various federal gun laws aim to curb violence, restrict access for dangerous offenders, and crack down on weapons trafficking. Charges may include:Felon in Possession of a Firearm

  • 10 year federal prison sentence
  • Up to $250k in fines

Firearms Trafficking

  • 5-20 years in prison
  • Forfeiture of all assets connected with the crime

Immigration Violations

Federal agencies strictly enforce immigration laws. Charges like:Illegal Re-Entry

  • 2-20 years in prison for repeat offenders
  • 3 years supervised release

Visa Fraud

  • 10 years in prison
  • Deportation
  • Permanent ineligibility to enter U.S.

Human Trafficking/Smuggling

  • From 5 years to life in prison depending on circumstances
  • Restitution to victims
  • Asset forfeiture

Cyber Crimes

Online offenses prosecuted at the federal level may include:Hacking

  • 5-20 years in prison
  • Large fines
  • Restitution

Identity Theft

  • 2 to 10+ years in prison depending on scope
  • 5 years probation
  • Restitution to victims

Child Pornography

  • 5-20 years first offense
  • Fines up to $250k
  • Supervised release

These represent only a sample of the wide range of federal crimes. The penalties reflect sentencing guidelines ranges, but the precise sentence also depends on the discretion of judges.With so much at stake, working with an experienced federal criminal defense attorney is critical to mounting the strongest response. Now is not the time to rely on a court-appointed lawyer or attempt to represent yourself. Federal prosecutors wield tremendous resources and power, which must be matched by aggressive and strategic legal advocacy.

The complexity of federal criminal litigation demands legal guidance tailored to the specifics of your case. A dedicated federal defense lawyer will deploy effective strategies like:Careful Case Investigation – Thoroughly investigating the prosecution’s evidence and weaknesses in their case. This lays the groundwork for motions to dismiss and suppression hearings.Suppression Motions – Seeking to exclude evidence obtained illegally in violation of your Constitutional rights.Plea Negotiations – If appropriate, attempting to negotiate a favorable plea bargain with reduced charges or sentencing leniency. Over 90% of federal cases end in plea deals.Trial Preparation – If no acceptable plea deal reached, meticulously preparing for trial with witness prep, jury consulting, case strategies and impactful arguments.Sentencing Mitigation – Compiling proof of extenuating circumstances and using federal sentencing guidelines knowledge to secure the lowest possible prison term and fines.Appeals – Identifying and raising legal or procedural errors to appeal convictions or sentences. Around 10-20% of federal appeals see verdicts or sentences overturned.Don’t go it alone against the formidable force of federal prosecution. Having an experienced federal criminal defense lawyer in your corner can mean the difference between prison and your freedom. Now more than ever, it pays to have strong legal guidance informing your every move.

Conclusion: Key Takeaways on Federal Charges

Dealing with federal criminal charges can be an intimidating and confusing ordeal. By learning the unique facets of the federal system, investigating your options, and working closely with a federal defense attorney, you equip yourself to make the soundest legal strategy.Some key takeaways to remember include:

  • Federal crimes relate to issues of national interest and carry more severe penalties than state charges.
  • Specialized federal investigative agencies and prosecutors handle these complex cases.
  • The procedures for federal grand juries, discovery, plea deals, trials and appeals differ from state courts.
  • Sentencing guidelines and parole rules are strict compared to state prison systems.
  • Mounting an aggressive defense requires experienced federal criminal defense lawyers intimately familiar with federal statutes and procedures.

With so much at stake, fully educating yourself on the federal criminal process is essential. Knowledge and preparation offer your best hope for the most favorable outcome.

Resources

Images

Federal courthouseLady Justice statuePrison cell

Videos

The Federal Criminal Trial Process Simply ExplainedWhat are Federal Crimes?

Articles

How Federal Criminal Charges Differ From State ChargesFederal Laws vs. State LawsPlea Bargaining in Federal Court