Florida Federal Crimes Lawyer
Fight for a Secure Future with Musca Law's Florida Federal Criminal Defense Attorney
Although federal offenses have varying levels of severity, from misdemeanors to felonies, crimes are usually of a serious matter for the government to become involved. If you find yourself facing federal crimes charges, you may be up against the full force of the federal authorities. With this level of prosecution ahead of you, it is necessary to retain the experienced help and guidance from the Florida federal crime lawyers from Musca Law. With more than 150 years of collective experience, our team can provide you with the legal services you need in order to effectively fight for the best possible outcome on your behalf. By devoting tremendous amounts of time and resources to our clients’ cases, we are better prepared to defend their rights and exploit the weaknesses of our opponents’ cases.
Defining a Federal Crime
Overall, the difference between federal and state crimes is relatively slim, only narrowed down to which legislation has created the laws. For example, some forms of public safety violations or murder may be reviewed at local, state, or federal levels.
As the name suggests, federal crimes constitute offenses that violate federal law, resulting in these cases being presented in federal court. In many cases, some of these crimes can be even more serious than violations of local and state laws, as the offenders may constitute a greater threat to public safety or national safety.
Based on the list generated by the U.S. Federal Bureau of Investigation (FBI), here is a closer look at some examples of offenses labeled as federal crimes:
- Terrorism
- Counterintelligence crimes
- Cybercrime
- Corruption of the public
- Violation of civil rights
- Organized criminal activity
- Violent crimes
- Theft of art, jewelry, or other items of value
- Immigration crimes
- Threats against members of the government
- White-Collar crimes
Organizations That Handle Violations of Federal Law
In the event that a person, a pair of people, or an organized group has committed a crime at the federal level, one or more agencies will handle an investigation of one or more of these serious violations:
- Bureau of Alcohol, Tobacco, Firearms, and Explosive
- Department of Veterans Affairs
- Drug Enforcement Administration
- Environmental Protection Agency
- Federal Bureau of Investigation
- Fish and Wildlife Service
- Health and Human Services
- Immigration and Customs Enforcement
- Internal Revenue Services
- U.S. Marshals Service
- U.S. Postal Inspection Service
- U.S. Secret Service
Full Listing of Federal Crimes and Relatable Punishments
For a full readout of federal crimes, be sure to visit the official website for the Code of the United States House of Representatives, as set in place by the nation’s government. Included is a list of violations and the management of offenses in federal court.
Committing an Act of Terrorism in Florida
As outlined in the Code of the U.S. House of Representatives Title 18, Chapter 113B - Section 2331 (1), an act of terrorism constitutes two different types of crimes:
- International terrorism: acts of violence that endanger human lives and violate the laws set in place by the United States of America (if committed within U.S. jurisdiction)
- Domestic terrorism: acts of violence that endanger human lives within the jurisdiction of the United States of America or any U.S. state
In keeping with Chapter 113B-Section 2232 (a-c), any individual who has been charged with an act of terrorism will face a variety of penalties, depending on the type of crime:
- Homicide: Anyone who murders a U.S. citizen outside U.S. borders may face a fine, the death penalty, or a life sentence
- Conspiracy to Homicide: Anyone who attempts to kill a U.S. citizen will face fines and 20 years to life in prison
- Physical violence: An individual who physically attacks and causes harm to a U.S. citizen will be fined and face a 10-year imprisonment
If you are facing charges related to committing a terrorist act, you are in a very serious situation. Since the September 11th attacks that occurred back in 2001, the federal government has taken extremely aggressive measures to fight against the war on terror. If the federal government suspects that you are involved in terrorism, you will immediately be under investigation and quickly placed under arrest and charged with terrorism.
After being charged with terrorism, not only will you be rigorously prosecuted, you could face life imprisonment or even the death penalty. That is why it is critical that you hire the services of a seasoned Florida criminal defense attorney. At Musca Law, we have the skills and experience necessary to represent clients against all types of serious felony crimes effectively and can provide you with an uncompromising defense to take on your terrorism charges. Contact us today at 1-888-484-5057 to learn more about your legal rights and options.
There are several acts that constitute terrorism, which include:
- Chemical attacks
- Bombings
- Biological attacks
- Threats against a large number of people
- Hijacking an aircraft or other mass transit vehicle
- Weapons of mass destruction
Cybercrimes in Florida
We exist in an age where technology has opened up new pathways of growth and commerce. As a result, prosecutors have identified and defined a host of new criminal charges. Specifically, the internet does not just allow for the use of social networking and online shopping; it exposes users to viruses, ransomware, worms, hackers, and distributed denial of services (DDoS) attacks. These actions constitute cybercrimes in Florida, and as technology grows and evolves, the rate of related charges the rate of charges continues to grow with it, and more crimes are identified as offenses against computer systems and users. Another form of cybercrime in Florida is violations against intellectual property, which often target organizations and companies in an attempt to obtain sensitive information such as trade secrets.
Criminal Violations of Intellectual Property
Legally protected intellectual property consists of everything from your favorite singer's songs to trade secrets, such as the recipe for a particular product. Intellectual property also includes data, software, and computer programs, to name a few.
Under Florida Statute Section 815.04, a crime carried out against intellectual property involves stealing, damaging, destroying, disabling, or unlawfully disseminating intellectual property. Knowingly and intentionally introducing an infectious virus to a computer system, intentionally introducing some form of debilitating malware, and hacking a corporation’s trade secrets are all crimes against intellectual property. Offenders of this crime generally seek to attack companies, corporations, or organizations by engaging in DDoS attacks made against online providers, as well as movie piracy.
Offenses Carried Out Against Computer Systems and Users
Crimes categorized as offenses carried out against computer systems and users have evolved to include a number of different electronic devices as well as those that use them. The term does not include calculators that are not programmable and that are not capable of being used in conjunction with external files. Because of this, not only are smartphones and similar electronic devices incorporated under the law, but it also applies to WiFi-connected devices, baby monitors, smart TVs, and printers.
The most common types of cybercrimes carried out against computer operators and systems is ransomware. This refers to the hijacking of software or computer systems which disables a computer and blocks access thereto, causing the victim to pay the attacker. This sort of crime is often committed against both individuals and corporations.
Phishing is also a common type of cybercrime designed to cause users of computers to divulge to offenders their personal or private information. Specifically, phishing occurs where an email or website appears to be legitimate, however, they are created with the intent to obtain people's passwords in addition to other personally identifiable information such as credit card and social security numbers.
To prove cybercrime in Florida, a prosecutor must establish that the accused knowingly and with malicious intent acted to disable or harm a computer user and/or system.
Punishing those Convicted of Cybercrimes in Florida
Both state and federal governments take cybercrimes very seriously. Under federal law, the Federal Bureau of Investigation conducts investigations of cybercrime and imposes strict punishment to those that are convicted of this offense. The scope and nature of the offense, as well as the damage that was caused, impact the charges that are sought as well as the level of punishment.
For instance, a ransomware attack carried out against a local government that causes a disruption of public services is often prosecuted as a more serious crime and second-degree felony. However, by obtaining data from the exact same computer in a way that does not disrupt public services, a person will likely be charged with a third-degree felony, presuming that there are no mitigating factors.
Committing a Counterintelligence Crime in Florida
As defined by the Federal Bureau of Investigation, counterintelligence crimes are defined as sharing sensitive information with foreign intelligence services or taking part in such an activity. Such information may include advanced technologies or files about public health, finances, the U.S. economy, or various sectors of technology.
As an example, here is a look at charges for acts of federal espionage in U.S. Code Title 18-Chapter 37:
- Chapter 37-Section 792: Individuals who harbor fugitives (who have committed or are preparing to commits acts of espionage) will face a fine or no more than 10 years of imprisonment.
- Chapter 37-Section 793: Individuals who gather information to be used harmfully against the United States and/or to the advantage of a foreign body, nation, or country, will be fined or face no more than 10 years in jail (if this individual forfeits). Culprits will be forced to hand over the information to federal agents.
Committing a Violation of Civil Rights in Florida
The FBI defines a “violation of civil rights” as any perceived threat (verbal and/or physical) to the safety and well-being of people on the basis of skin color, race, religion, gender, sexuality, or additional rights/freedoms of U.S. citizens. On that note, the U.S. House of Representatives outlines punishment for civil rights offenders through Title 18 Chapter 13 under the U.S. Code:
- Chapter 13-Section 241: If two or more people attempt to physically injure or threaten a person living in the U.S. state, territory, commonwealth, possession, or district in an attempt to violate civil rights, these individuals may be fined or sentenced to an unlimited time in prison. In some cases, the death penalty is an option.
- Chapter 13-Section 249: Any individual who attacks a person (due to the victim’s religion, race, gender identity, sexual orientation, or additional civil rights) and causes harm by means of blunt force or a dangerous weapon will be fined and/or face up to 10 years or life in prison.
Committing an Act of Extortion in Florida
Ultimately, the FBI recognizes white-collar crimes as a serious of violations that take place in the business or corporate sectors of America. Common crimes include the illegal sharing of private information (extortion) and falsifying information (fraud). Kickbacks are also included under the umbrella of white-collar crimes. Here is an example of the U.S. Code covering extortion under Title 18 Chapter 41:
- Chapter 41-Section 873: Anyone who demands money by means of threats of informing will be fined and/or spend no more than 1 year in prison.
- Chapter 41-Section 874: Anyone who forces another employee in a specific line of business or corporate work to hand over earnings that the victim has rightfully earned under employment contract will face a fine and/or imprisonment for no longer than 5 years.
- Chapter 41-Section 876: Anyone who sends mail communications that threatens the well-being of victims, potential kidnapping, or bodily harm shall be fined and/or receive a prison sentence anywhere from 5 to 10 (and even 20) years.
Committing Crimes against Children in Florida
Overall, the category of “crimes against children” focuses on a wide variety of crimes towards individuals below the age of 18. Such violations may include child pornography, child abuse, sexual exploitation, selling children, or buying children. Here is a closer look at some serious child-related crimes and related punishments through the U.S. Code, Title 18, Chapter 110:
- Chapter 110-Section 2251: Anyone (including parents and guardians) who attempts to persuade, entice, encourage, force, or coerce any child into an act of sexual activity will be fined in accordance with the violation and/or will be imprisoned for no longer than 15 years. People who take part in child pornography will be sent to prison for no more than 20 years. Multiple offenders will be sent to prison no less than 35 years (or life).
- Chapter 110-Section 2251A: Any parent or guardian who sells children or attempts to sell their children for the purpose of sexual use or child pornography will be fined and/or sent to jail for no less than 30 years.
Also, please note that people who fail to report incidences of child abuse will be fined and/or sent to jail for no longer than 1 year, in accordance with Chapter 110-Section 2258.
Robbing or Burglarizing Property in Florida
Ultimately, the FBI recognizes robbery and burglary as an act of organized crime, a violation that was planned by a network of individuals in a constituted criminal hierarchy. As indicated by the U.S. Code, Title 18, Chapter 103, individuals who rob or burglarize property in an effort of organized crime will face the following charges:
- Chapter 103-Section 2112: Individuals who attempt to steal the private property of citizens of the United States will face a prison sentence of no longer than 15 years.
- Chapter 103-Section 2113: Individuals who attempt to use violent and/or intimidating tactics in an effort to obtain property protected by a bank will face a fine and/or be imprisoned for no longer than 20 years. If the conspirators attempt to steal more than $1,000 of bank money, these individuals will be fined and/or imprisoned for no more than 10 years. If the criminals killed people in the process, they will potentially face a life sentence.
- Chapter 103-Section 2119: Individuals who intend to inflict bodily harm to or kill a citizen of the United States in an attempt to steal his or her vehicle will be fined and/or face jail time for no longer than 15 years. Criminals who inflict bodily harm on the victim will be sentenced to jail time of 25 years. In the event of murder, the sentence may be increased to the death penalty.
Being a Member of a Criminal Gang in Florida
By means of task forces like the Safe Streets Task Force and the National Gang Intelligence Center, the FBI enforces safety on the streets and works hard to combat criminal gangs in our country. Utilizing information from the NGIC, the FBI collects federal, state, and local data regarding gang activity including racketeering and organized crimes (like robbery). Here is a closer look at the punishments for taking part in gang activity, as highlighted in U.S. Code Title 18 Chapter 26, Section 521:
- Individuals who take part in an act of juvenile delinquency or commits a controlled substance felony through membership of a criminal street gang will potentially face prison time of no more than 10 years. In the event of a singular controlled substance crime, the prison time will be reduced to no more than 5 years.
Committing an Act of Homicide in Florida
Under the category of violent crimes, the U.S. Code Title 18, Chapter 51 defined homicide as any violent acts that result in the unlawful killing of an innocent civilian (or multiple civilians) who are residents of the United States of America. Here is a closer look:
- Chapter 51-Section 1111: Anyone who commits a murder of the 1st degree will face life imprisonment or the death penalty. Anyone who commits a murder of the 2nd degree will face an unlimited amount of time in prison or life.
- Chapter 51-Section 1112: Culprits found guilty of voluntary manslaughter will face a fine and imprisonment of no longer than 15 years. Individuals found guilty of involuntary manslaughter will face a fine and prison time or no more than 8 years.
Keep the following definitions in mind:
- “Murder” refers to an intention to kill a person.
- “Manslaughter” refers to the unlawful killing of a person without any intention of murder.
Federal Criminal Sentencing in Florida
The Federal Criminal Sentencing Guidelines can be complex and challenging to understand. Your federal criminal attorney is knowledgeable and is well-versed and familiar with these guidelines, however. This means that he or she can assist you in determining the level of punishment that may be imposed based on the guidelines. This is critical for you to comprehend, particularly in considering whether a plea bargain is the right course of action to take in your case.
The Federal Sentencing Guidelines
If someone has been convicted of a federal crime, federal courts use what are known as the Federal Sentencing Guidelines. There are circumstances where a deviation from the guidelines may be warranted, however, these occurrences are extremely rare. The guidelines are as follows:
- The seriousness of the offense. Every crime under federal law is divided into levels of offenses. As the severity increases, so does the offense level.
- Base level offense. Each type of crime is assigned a base offense level, which is the starting point for determining the seriousness of a particular offense. For instance, white-collar crimes are most commonly considered a base level 6 or 7 offense.
- However, The crime base level can be decreased or increased based on certain factors. For example, if a crime involved a gun, there is a five-level increase for the offense. However, the base level will be increased if the gun was set off while the crime was being committed.
- Additional adjustments for general factors. There are further adjustments that can be made that apply to any type of offense. For instance, if the offense involved two victims or more, then the judge will likely increase the base level. However, if the offender only played a small role in the commission of the crime, then this could result in a decrease of the base level.
- Personal adjustment factors. The base-level can also be adjusted when there are numerous convictions. The court will use the severest offense to start off with and then adjust from there for the additional convictions.
- Acceptance of responsibility. If a person who is convicted of a crime accepts responsibility for his or her actions, the court may apply a two-point reduction, which is at the judge's discretion.
State vs. Federal Crimes in Florida
Each state in the United States has certain laws that penalize and define prohibited behavior. Engaging in prohibited conduct can result in the imposition of state or federal charges. In general, if a crime occurs within the boundaries of a state, it is tried in a state criminal court. However, if the crime happened in several states or crossed the state line, it is typically tried in a federal court. Cases will also be tried in federal court if the offense violates federal law.
A few examples of state crimes are:
- Murder
- Theft
- Drug possession
- Assault
- Battery
- Burglary
State crimes in Florida are listed in Title XLVI of the Florida Statutes.
Federal Crimes
In addition to crimes that cross a state’s line, federal crimes are also offenses that are committed on or against federal property or in violation of federal laws. Several offenses that constitute federal crimes are found in Title 18 of the United States Code.
A few prime examples of federal crimes include:
- Drug offenses
- Tax evasion
- Counterfeiting and forgery
- Organized crime
- Fraud
- Child pornography
- Money laundering
- Terrorism
An example of state crimes that become federal offenses is kidnapping and murder should they occur across in more than one state.
Federal Courts vs. State Courts
Only federal crimes are tried in federal court. Every state has federal district courts that hear cases involving the violation of federal law. Federal criminal matters are brought on behalf of the people of the United States by the United States Attorney’s Office.
States often have a number of criminal court systems where cases are brought on behalf of the people of the state by the district of state attorney’s office.
Federal Crimes Frequently Asked Questions
Q: The Federal Government sent me a letter saying they are investigating me, what should I do now?
A: If the government sent you a letter stating that they are targeting you in an investigation, do not ignore it or procrastinate in addressing this issue. View the letter as a way to tackle the problem head-on and start focusing on how to defend yourself strategically. These Federal Investigations can go on for years. Just because you do not hear from the government for some time does not mean that they lost interest in you. Sometimes, resolving the problem can be as simple as having your attorney contact the government with evidence that proves you were not involved in the crime and that they are mistaken. In order to give yourself the best chance of a favorable outcome, speak to an attorney who has experience in this area of the law. So do not try to talk to the prosecutor yourself. You could inadvertently say something that the government will use against you. Speak to our office about our success in getting federal charges dropped for many clients charged with Federal Crimes such as Ponzi schemes, mail fraud, wire fraud, and bid-rigging cases.
Q: Are Federal Charges Different from State Charges?
A: Frequently, alleged criminal actions will violate both state and federal laws. The process and penalties will vary between state and federal law. Federal prosecutors and investigators often have more experience and greater resources to prosecute a case. If you are charged in federal court, you will be up against professionals who will take their time building the case against you.
In some instances, the same crime will result in both state and federal charges. Your attorney can explain whether this will be an issue for you based on the facts of your case and the crimes with which you are charged.
Q: How often does the Government succeed in getting convictions?
A: Federal prosecutors have an extremely high success rate. Nearly all cases result in convictions for one or more of the charges. The Department of Justice obtains a conviction in more than 99 percent of the cases tried in the Middle District of Florida, which includes Tampa, Orlando, Fort Myers, and Jacksonville. The conviction rates are not identical in all districts, but they all have rates of at least 95 percent.
Q: Prosecutors offered a plea bargain, should I take it?
A: The overwhelming majority of charges result in defendants accepting some form of a plea deal. Defendants need to understand that taking a plea bargain may not always be in their best interests. A plea deal that is offered by federal prosecutors will not indicate the length or terms of the sentence but will typically make it impossible to appeal the sentence. An experienced lawyer will be able to give you a better understanding of what you agree to and the likely impact of that agreement on your sentencing, life, and future.
Q: What is a PSR, and how will it impact my case?
A: A presentence investigation report, or “PSR,” is a document that the United States Probation Office creates. This lengthy report gives a summary of the case, the defendant’s criminal background, personal background, medical history, and any other relevant facts of the case. The document also provides a recommendation to the Court for the appropriate sentencing terms. This document is, therefore, critical as it will influence the ultimate sentence, including prison time.
If the client does not believe that the information is accurate and correct, he or she can object. The objections can be addressed prior to the sentencing hearing, or at the very latest, in front of the judge during the course of that hearing. The judge is then tasked with resolving the objections. This process can mean that a client going into a sentencing hearing may face a great deal of uncertainty regarding the outcome of the charges. Sentencing hearings are complex. Defendants need to make sure that they have an attorney who understands this process and can work within it to obtain the best possible outcome.
Q: What rules does the government have to follow when issuing a sentence?
A: The government must follow a series of rules listed in the United States Sentencing Guidelines. The Guidelines are a complicated series of considerations and regulations that the Court will have to take into account when issuing a sentence. While there are numerous considerations, some of the common factors include:
The severity of the crime (including the amount of a drug in possession, the amount of money lost in a fraud case)
- Relevant conduct
- The defendant’s criminal history
- The defendant’s role in the alleged crime
- The defendant’s possible role in aiding the government investigation
- Sentencing enhancements based on the defendant’s past criminal convictions
- Background information on health and family history
Many of the provisions in the Guidelines refer to other statutes or other federal guidelines. As such, the rules are complex and can seem confusing. Consulting with an experienced attorney will help to clarify the Guidelines and give a sense of what to expect.
Q: How is relevant conduct considered in the Guidelines?
A: The Guidelines allow a judge to look at what is referred to as relative conduct. Relevant conduct includes the individual’s behavior as well as that of the other people who were involved in the same alleged criminal undertaking or conspiracy. The judge can also consider conduct that the client did not face charges for or for which he or she was acquitted at trial. Understanding the concept of relevant conduct will help a defendant make the best decisions about their cases.
Q: I was charged with committing a conspiracy, what does this mean?
A: When the government includes conspiracy charges, this means multiple people are believed to have been involved in the undertaking of the same criminal act. A conspiracy consists of two or more individuals agreeing to violate the law. All that the government must prove to convict someone of conspiracy is that at least two people made an agreement to break the law. In most cases, circumstantial evidence is used to prove that a conspiracy existed. Furthermore, the crime does not have to have occurred. The government only must show that the parties entered into a plan, not that they carried that plan out.
Another factor clients find troubling is that if the government proves a conspiracy existed, then each individual involved in the crime can be charged with the actions of every other individual who was found to be a part of the conspiracy. Even if a defendant had no knowledge of the actions a co-conspirator was carrying out, that defendant could face charges for that co-conspirator's actions.
It is essential to understand how conspiracy charges will impact a case. In some circumstances, conspiracy charges will lead to unfair and incredibly harsh sentences.
Facing federal criminal charges can be overwhelming. As someone charged with a federal crime in Florida, you are likely to have many questions about the process, your rights, and what to expect moving forward. Below, I have answered some of the most common questions that arise in federal criminal defense cases, including how a private attorney can help reduce or even eliminate charges.
As an experienced federal criminal defense attorney, my goal is to help you navigate the legal process and protect your rights. Let’s dive into some of the key questions that many people have when facing federal criminal charges.
Q: What Makes a Crime a Federal Crime?
A: A crime becomes a federal offense when it violates U.S. federal law or occurs on federal property. Examples include drug trafficking, wire fraud, and offenses committed across state lines. The distinction is important because federal crimes are prosecuted by the U.S. government, and they often carry more severe penalties than state crimes.
Q: What Are the Penalties for Federal Crimes?
A: Penalties for federal crimes vary depending on the specific charge. They may include long prison sentences, substantial fines, and federal probation. For example, federal drug trafficking charges can result in sentences of 10 years to life, depending on the amount of drugs involved. White-collar crimes may carry less prison time but still include significant fines.
Q: What Happens After Being Charged with a Federal Crime?
A: Once you are charged with a federal crime, the process begins with an indictment, followed by an arraignment where you enter a plea. From there, your case may proceed to trial unless a plea agreement is reached. Federal cases are handled by federal prosecutors and are governed by federal law, which tends to be stricter than state law.
4. Can I Be Charged with Both State and Federal Crimes?
A: Yes, it is possible to face both state and federal charges for the same crime. This is known as "dual sovereignty." In some cases, a state prosecutor may charge you with a state crime while federal prosecutors file charges for the same or related conduct. The penalties can stack, leading to severe consequences if convicted on both levels.
Q: What Are My Constitutional Rights in a Federal Criminal Case?
A: In a federal criminal case, you have the same constitutional rights as in any criminal proceeding. These include the right to remain silent, the right to an attorney, the right to a fair trial, the right to confront witnesses, and protection against unreasonable searches and seizures under the Fourth Amendment. Understanding and exercising these rights is crucial to your defense.
Q: What Is the Federal Sentencing Guideline?
A: The federal sentencing guidelines provide a framework for judges to determine appropriate sentences based on the nature of the offense and the defendant’s criminal history. While the guidelines are not mandatory, they heavily influence sentencing decisions. A skilled defense attorney can work to argue for a more lenient sentence within this framework.
Q: What Is Federal Probation?
A: Federal probation allows individuals convicted of federal crimes to serve part of their sentence outside of prison under supervision. Conditions of probation may include drug testing, regular check-ins with a probation officer, and restrictions on travel. Violating probation can result in additional penalties, including being sent back to prison.
Q: What Should I Do if I Am Under Federal Investigation?
A: If you suspect you are under federal investigation, it’s important to remain calm and contact a federal defense attorney immediately. Do not speak to federal agents without legal representation. Anything you say can be used against you, and your attorney can help you avoid making statements that might harm your defense.
Q: How Is a Federal Defense Attorney Different from a Public Defender?
A: While public defenders are available to those who cannot afford a private attorney, they are often overworked and may not be able to provide the individualized attention your case requires. A private federal defense attorney can devote more time to your case, explore all possible defenses, and work to reduce or eliminate charges. Having a dedicated legal advocate on your side can make a significant difference in the outcome.
Q: What Is an Indictment in Federal Court?
A: An indictment is a formal charge issued by a grand jury in federal cases. It means that the grand jury has found enough evidence to bring charges against you. An indictment doesn’t mean you are guilty, but it does mean that you will need to defend yourself against federal prosecutors.
Q: Can I Beat Federal Charges?
A: Beating federal charges is challenging, but it is possible with a strong defense strategy. Your attorney will examine the evidence, challenge any constitutional violations, and work to negotiate a favorable plea deal or acquittal. Every case is unique, and outcomes depend on the facts, the strength of the prosecution’s case, and your attorney’s skill.
Q: Can Federal Charges Be Reduced?
A: Yes, federal charges can sometimes be reduced through plea negotiations or by challenging the evidence presented by the prosecution. A skilled attorney can negotiate with federal prosecutors to reduce charges, which can lead to lesser penalties. This might involve agreeing to plead guilty to a lesser charge in exchange for more lenient sentencing.
Q: What Is the Role of the U.S. Attorney in Federal Criminal Cases?
A: The U.S. Attorney is the federal prosecutor responsible for bringing charges against defendants in federal cases. They represent the U.S. government and work to secure convictions. Defending against the U.S. Attorney requires a well-prepared legal strategy, as federal prosecutors have vast resources at their disposal.
Q: Can I Be Released on Bail in a Federal Case?
A: Yes, bail is possible in federal cases, but it is not guaranteed. A judge will consider factors such as the seriousness of the crime, flight risk, and whether you pose a danger to the community. Your attorney can argue for reasonable bail conditions, which may include electronic monitoring or travel restrictions.
Q: What Is a Plea Bargain in Federal Court?
A: A plea bargain is an agreement between the defendant and the prosecutor in which the defendant agrees to plead guilty to a lesser charge or receive a lighter sentence in exchange for avoiding trial. In federal cases, plea bargains are common, but they require careful negotiation to ensure that your rights and interests are protected.
Q: What Are Federal Drug Crimes?
A: Federal drug crimes include offenses such as trafficking, distribution, manufacturing, and possession of controlled substances with intent to distribute. These crimes are prosecuted under federal law, and the penalties can be severe, often including lengthy prison sentences and substantial fines.
Q: What Is Conspiracy in Federal Law?
A: Conspiracy occurs when two or more people agree to commit a federal crime and take some action toward completing it. Even if the crime is never completed, individuals involved in the conspiracy can still be charged and convicted. Conspiracy charges are common in drug trafficking, white-collar crimes, and organized crime cases.
Q: Can My Federal Case Be Dismissed?
A: Yes, federal cases can be dismissed if the evidence is insufficient, if the government violates your constitutional rights, or if procedural errors occur. Your defense attorney will review the facts of your case and file motions to dismiss the charges if there are grounds to do so.
Q: What Are Federal White-Collar Crimes?
A: White-collar crimes are non-violent, financially motivated offenses such as fraud, embezzlement, tax evasion, and money laundering. These crimes are often prosecuted at the federal level because they involve interstate commerce, federal agencies, or financial institutions. White-collar crimes carry significant penalties, including prison time and restitution.
Q: What Happens if I Am Convicted of a Federal Crime?
A: If you are convicted of a federal crime, you will face sentencing, which could include prison time, fines, probation, and restitution. The penalties depend on the nature of the crime, the federal sentencing guidelines, and any aggravating or mitigating factors in your case. Your attorney can work to minimize these penalties.
Q: What Is the Difference Between a Misdemeanor and a Felony in Federal Law?
A: In federal law, misdemeanors are less serious offenses, typically punishable by up to one year in prison, while felonies are more serious crimes with penalties of more than one year. Federal felonies carry severe consequences, including long-term imprisonment, fines, and a permanent criminal record.
Q: How Long Does a Federal Criminal Case Take?
A: The length of a federal criminal case varies depending on the complexity of the charges, the amount of evidence, and whether the case goes to trial. Some cases are resolved in a matter of months, while others can take years. Your attorney can give you a better idea of the timeline based on the specifics of your case.
Q: What Are the Stages of a Federal Criminal Case?
A: A federal criminal case typically follows several stages: investigation, indictment, arraignment, discovery, pre-trial motions, plea negotiations or trial, and sentencing. Each stage presents opportunities for your attorney to challenge the charges or negotiate a favorable outcome. Understanding the process can help you feel more prepared as your case progresses.
Q: Can I Appeal a Federal Conviction?
A: Yes, if you are convicted of a federal crime, you have the right to appeal the decision to a higher court. An appeal must be based on legal errors that occurred during the trial, such as improper admission of evidence or incorrect jury instructions. An experienced appellate attorney can review your case to determine if there are grounds for an appeal.
Q: What Is a Federal Grand Jury?
A: A federal grand jury is a group of citizens who review evidence presented by the prosecutor to determine whether there is probable cause to charge someone with a crime. Grand juries are typically used in serious federal cases, and they operate in secrecy. If the grand jury finds probable cause, they issue an indictment.
Q: How Does the Federal Government Investigate Crimes?
A: Federal agencies such as the FBI, DEA, IRS, and ATF investigate federal crimes. These agencies use a variety of methods, including surveillance, wiretaps, undercover operations, and search warrants, to gather evidence. Once the investigation is complete, federal prosecutors decide whether to bring charges.
Q: How Can a Private Attorney Help My Federal Case?
A: Hiring a private attorney for your federal case can make a significant difference in the outcome. A private attorney has the resources and time to thoroughly investigate the charges, challenge the prosecution’s evidence, and build a strong defense. Additionally, a private attorney can negotiate with federal prosecutors to reduce or dismiss charges, helping you avoid or minimize jail time.
28. Can I Get My Federal Criminal Record Expunged?
A: Federal expungement is rare and generally only available in specific circumstances, such as when a conviction is overturned or when the individual was wrongfully convicted. In most cases, federal criminal records are permanent. However, your attorney can explore options for reducing the impact of a federal conviction on your life.
Q: What Is the Role of a Federal Judge in My Case?
A: The federal judge plays a critical role in your case, overseeing the trial, ruling on motions, and ultimately determining your sentence if convicted. Federal judges follow the sentencing guidelines but have discretion to impose penalties based on the specifics of the case. A good defense attorney can present arguments for a reduced sentence.
Q: How Can I Protect My Rights During a Federal Investigation?
A: To protect your rights during a federal investigation, exercise your right to remain silent and contact a federal defense attorney immediately. Do not speak to federal agents without legal representation. Your attorney can advise you on how to respond to investigators and ensure that your constitutional rights are protected throughout the process.
If you or someone you know is facing federal criminal charges, time is of the essence. The sooner you secure legal representation, the better your chances of reducing or eliminating the charges. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. We serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.
Understanding Attorney-Client Privileges
When working with an attorney, the law affords defendants with attorney-client privilege, which protects the communication between that attorney and the client. The privilege extends to anyone working at the law firm.
Attorneys are obligated to keep information related to representing their clients confidential. The client may permit the attorney to release or disclose information, but the attorney will have to have consent before releasing any information.
Speaking with Friends and Family
Information shared with friends and families is not considered confidential. It is important not to speak with anyone except your attorney about facts that are relevant to your case. If you call friends or family from jail, the authorities will record that call. Never say anything confidential over the phone. If friends or family members have information about the charges, ask them to speak to your attorney. Your attorney will not be able to share confidential information with that person without your permission, but your attorney should have access to all relevant information so that he or she can develop the best strategy for your defense.
Grounds for Defense in a Federal Crime Case in Florida
According to the U.S. Department of Justice, the defendant may suggest that he/she did not willingly commit the crime if he/she can provide viable evidence proving this case. On the other hand, an individual can admit to taking part in a crime after receiving full authority from a member of the government.
Put Decades of Legal Experience to Work for You!
At Musca Law, our Florida criminal defense attorneys are dedicated to upholding your rights and fighting aggressively for a satisfactory outcome on your behalf. Whatever situation you face, Musca Law has the experience and resources necessary to pursuing success in your case. Let us fight for your future.
Our Office Locations in Florida
Bushnell Area
138 Bushnell Plaza, Suite 201, Unit C Bushnell, FL 33513
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Clearwater Area
13575 58th St N Suite 125, Clearwater, FL 33760
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Cape Coral Area
923 Del Prado Blvd S Unit 201 Cape Coral, FL 33990
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Daytona Beach Area
140 S Beach St, STE 308 Daytona Beach FL 32114
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Fort Lauderdale Area
800 SE 3rd Avenue, 2nd Floor, Suite 200 Fort Lauderdale, FL 33316
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Fort Myers Area
2200 Dr Martin Luther King Jr Blvd Suite A, Fort Myers, FL 33901
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Fort Walton Beach Area
217 Miracle Strip Pkwy SE Unit 116, Fort Walton Beach, FL 32548
Appointment Required
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Gainesville Area
309 N.E. 1st Street Suite 15 Gainesville, Florida 32601
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Inverness Area
111 West Main Street Suite 303 Inverness, Florida 34450
Appointment Required
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Jacksonville Area
630 W Adams St #205 Jacksonville, FL 32204
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Key West Area
2011 Flagler Ave, Key West, FL 33040
Appointment Required
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Lakeland Area
500 S. Florida Ave., Ste 400-14, Lakeland, FL 33801
Appointment Required
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Melbourne Area
6767 North Wickham Road Suite 400 BB Melbourne, Florida 32940
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Miami Area
4300 Biscayne Blvd, Suite 203 Miami, FL 33137
Appointment Required
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Naples Area
3375 Tamiami Trail E Ste 200 Naples, FL 34112
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New Port Richey Area
8520 Government Dr, STE 5 New Port Richey, FL 34654
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Ocala Area
233 SW 3rd Street, Suite 3, Ocala, FL 34471
Appointment Required
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Orlando Area
2480 33rd Street, Suite B, Orlando, Florida 32839
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Panama City Area
315 E 4th St Panama City, Fl 32401
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Pensacola Area
314 S Baylen St Suite 110, Pensacola, FL 32502
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Port Charlotte Area
18245 Paulson Dr Suite 130, Port Charlotte, FL 33954
Appointment Required
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Punta Gorda Area
265 E Marion Ave Suite 112 Punta Gorda, FL 33950
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Sarasota Area
2060 Ringling Blvd. Sarasota, FL 34237
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St. Petersburg Area
111 2nd Ave NE Suite 912, St. Petersburg, FL 33701
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Stuart Area
850 NW Federal Hwy suite 436, Stuart, FL 34994
Appointment Required
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Tallahassee Area
1114c Thomasville RD Tallahassee, FL 32303
Appointment Required
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Tampa Area
625 East Twiggs Street, Suite 1000, Unit 117 Tampa, FL 33602
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Tavernier Area
88765 Overseas Hwy, Unit 5 Tavernier, Florida 33070
Appointment Required
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Vero Beach Area
601 21st St Suite 300 Vero Beach, FL 32960
Appointment Required
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West Palm Beach Area
524 Datura St. Suite 108 West Palm Beach, FL 33401
Appointment Required