What to Expect When Facing Federal Criminal Charges in Florida
Many people and attorneys are unfamiliar with the process of a federal criminal case filed by the United States Department of Justice. Finding the right attorney to defend you against federal charges can often feel daunting, since many attorneys focus primarily on state criminal defense work, which differs greatly from federal requirements.
If you or a loved one ever face federal charges, here are some things you’ll need to know.
In What Ways are Federal Criminal Cases Different from State Cases?
The difference between state and federal cases are generally defined by jurisdiction and severity. Federal courts are established under the US Constitution and laws passed by Congress. Criminal cases that involve federal laws can only be tried in federal courts. Federal crimes can involve crimes committed on federal property, the transportation of drugs into the country or over state lines, or robbing a bank insured by a federal agency.
State cops often work through their investigations quickly. Federal agents from the FBI, DEA, or other federal law enforcement agencies, on the other hand, often take their time working to a criminal court case. In some cases, investigations last over a year to get to court.
Nine times out of ten a federal criminal case is much more serious than a state criminal case. With the exception of death penalty and homicide cases at the state level, federal prison sentences are longer than the prison sentence imposed at the state level.
What Happens During the Investigation of a Federal Crime?
All cases are handled differently, but during the initial investigation you might be contacted by a federal agent. This could be in the form of a request for an interview, a target letter, or you may discover they have spoken with people you know in an attempt to gather evidence against you.
If you are approached by a federal agent or the police and you suspect that you may be charged with a crime, you should not answer any questions, do not consent to a search, without first speaking with a lawyer. It is always wise to have a federal criminal lawyer to act as counsel to ensure that what you say to the federal agents is in your best interest.
How is an Arrest Made?
In federal court, the prosecuting attorney will get the documentation from the agent that did the investigation and may even work hand-in-hand with the agent during the investigation phase. The Assistant United States Attorney will decide, based on that evidence, whether to file criminal charges immediately by way of a criminal complaint or go to a grand jury for an indictment. Most federal cases are commenced by the unsealing of an indictment issued by a grand jury.
In some instances usually resulting from a concern of a suspect fleeing or evidence issues, an arrest is made and a complaint is filed first. This is a written statement stating the offense charged, and must be filed under oath before a judge. Federal marshals or officers will be tasked with executing the arrest warrant and the accused will be formally arrested and brought to court within 24 hours for an initial appearance. A hearing will occur to determine whether bond or detention in jail will be imposed. A preliminary examination hearing is also permitted wherein the attorney has the opportunity to ask questions about the evidence against his client. The magistrate judge will decide based upon the evidence whether there is probable cause to believe an offense has been committed and that the offense was committed by the person named in the complaint. If the judge finds no probable cause, the complaint is dismissed and the accused can not be held or place on any bond conditions. After a finding of probable cause, an indictment is usually filed within thirty days of the date of the complaint.
What Happens at the Arraignment?
At this hearing, you will formally be told what the charges are against you, asked if you plead guilty, not guilty, or no contest, informed of your right to hire a lawyer or receive a public defender, and possibly a discussion of whether you will be held or released before the trial.
After the Arraignment, What Happens?
Once you have been arraigned, your attorney will receive information in regards to your case. The information provided by the government is called discovery, which could involve photographs, audio, video, interviews, and other forms of physical or testimonial evidence. Your attorney will review the discovery and discuss the best strategies with you to resolve the case.
Should I Plead Guilty? Or Take it to Trial?
This is a discussion you need to have with your qualified federal criminal attorney. Only after reviewing your case and determining the best way to resolve it can they provide you with a plan of action. You have a constitutional right to a trial by jury, however in some instances a plea bargain may be a better option. Ultimately, it is a decision that you need to make with the guidance from your counsel.
What Happens If I’m Found Guilty of a Federal Crime?
If the defendant is found guilty either by conviction or by pleading guilty, a sentencing hearing will be held. You will be allowed to speak on your behalf during the sentencing hearing, and you should follow your attorney’s advice on what to say and how to say it. How much time you may be required to serve depends on a variety of factors. The judge is required to fashion a sentence based in part on the advisory federal guidelines, however, other statutes permit the judge to follow the recommendation of the defense attorney even if it is below the amount of time advised by the guidelines.
If you or a loved one has been convicted of a federal crime, or if you suspect you may be charged, please contact us for a case evaluation today.
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