Federal charges can be applied if the offense violates federal law directly, occurs across state lines, or happens on federal property. Federal charges can also be issued if the crime is investigated by federal agents or discovered through an informant. Although most state-level crimes have federal counterparts, some offenses can be charged on either the state or federal level, and it's up to the prosecution to decide how to file the charges and where to hold the trial. Federal charges tend to carry harsher penalties than state-level charges.
What are some common federal-level crimes?
Government agencies like the FBI, DEA, and DHS typically bring federal charges. Drug and weapons crimes can result in federal charges, especially if the drugs are moved across state lines or between countries, there is evidence of manufacturing, or the possession of a firearm is illegal due to a prior felony conviction. Federal agencies are also vigilant about weapons trafficking. Sex crimes, including the possession, creation, or distribution of child pornography, can be prosecuted federally and can result in long-lasting consequences, such as being required to register as a sex offender. Certain violent crimes, such as armed robbery, assault with a deadly weapon, kidnapping, and murder, can also be prosecuted federally.
Federal Investigation and Prosecution Procedure
The federal criminal court system functions distinctively from Florida state courts, particularly during the early phases.
Federal Investigation - Alleged crimes are investigated by federal agencies, who build cases by interviewing individuals and gathering evidence. These investigations may span weeks or even months.
Grand Jury - In order to bring federal charges, a grand jury must be convened — a key distinction between federal and state court processes. The prosecution presents evidence to the grand jury, including witness testimonies. A panel of jurors determines if there is enough evidence to charge you with a federal crime. If they find the evidence sufficient, an indictment will be issued to formally charge you.
Initial Hearing and Arraignment - Upon receiving an indictment, you will be arrested and officially charged. The subsequent step is the arraignment, where you appear before a magistrate judge. During the arraignment, you are informed of the charges, learn about potential bail release, and enter a plea.
Discovery and Pre-Trial Motions - Following the initial hearing, both your attorney and the prosecution engage in the discovery process, which entails exchanging documents, evidence, and witness testimonies pertinent to the case. At this stage, plea bargain negotiations may be initiated by your attorney or the prosecution. However, plea bargains are not always offered in federal cases, particularly when the prosecution believes its evidence is strong.
Criminal Trial - In the absence of a plea agreement, both parties will prepare for trial. Throughout this procedure, it is crucial to have a federal criminal defense attorney with extensive experience battling federal charges.
Steps to Take if Arrested for a Federal Crime
You might be unaware that you are under federal investigation until you are arrested. If arrested, follow these steps to safeguard your rights:
- Stay composed and quiet. Arguing or resisting arrest will only exacerbate the situation. Be courteous, but limit your communication with the police to providing identification information. Any additional information may be used against you.
- Politely refuse requests to search your property. If officers possess a warrant, they do not require your consent to conduct a search. However, if they lack a warrant and request to search you or your property, you can respectfully decline.
- Call Musca Law to speak with a federal criminal defense attorney. Exercise your right to legal representation as soon as possible after your arrest, enabling your attorney to address the next steps promptly.
- Be truthful with your lawyer. Your attorney can best protect your interests if you are honest with them. Keep in mind that all communication between you and your attorney is confidential.
Act Now to Protect Your Rights: Call Musca Law, P.A. Today
If you or a loved one are facing federal criminal charges or believe you may be under federal investigation, it's crucial to act immediately. Your freedom and future depend on the legal representation you choose. Don't wait to protect your rights — call Musca Law, P.A. today.
Our team of experienced federal criminal defense attorneys at Musca Law, P.A. understands the complexities of the federal court system and will tirelessly fight for your rights. With our knowledge and expertise, we will guide you through every step of the process, from the investigation to the trial.
Don't leave your fate to chance. Take the first step in safeguarding your future by calling Musca Law, P.A., now at 1-888-484-5057. Our toll-free number is available 24/7, and our legal team is ready to provide the aggressive, dedicated representation you need in these challenging times. Time is of the essence – contact us today.