Facing federal criminal charges is a terrifying experience. Whether you’re facing fraud charges, embezzlement charges, or drug trafficking charges, a conviction can be life-altering. You could face years in prison, probation, and hefty fines, not to mention a permanent criminal record. Given the potential fallout, working with a skilled Maryland federal defense attorney isn’t just optional—it’s a necessity.
If you’re facing federal criminal charges, it’s important to understand what you’re up against. Here’s what you need to know.
Understanding the Difference Between Federal and State Charges
Federal criminal cases are considerably different from state criminal cases. While state courts handle most common crimes, federal courts prosecute crimes that violate U.S. federal laws and state crimes that occur on federal property. These cases can involve investigations by federal agencies, such as the FBI, DEA, IRS, or ATF.
Federal cases often involve issues such as:
- DUIs that occur on or near federal property
- Crimes that cross state lines, such as drug trafficking or wire fraud
- Offenses against federal institutions, such as bank fraud, counterfeiting, or tax evasion
- Crimes investigated by federal law enforcement agencies
- Serious white-collar crimes or organized crime operations
Given that federal prosecutors have extensive resources and time to build their cases, those charged with federal crimes often face aggressive prosecution and harsh sentencing guidelines.
Common Federal Offenses
Federal charges encompass a wide variety of offenses. The most common federal crimes that a federal criminal lawyer may defend against include:
- Driving Under the Influence
- White-collar crimes, such as fraud, embezzlement, and money laundering
- Drug crimes, such as drug trafficking or distribution, conspiracy to distribute narcotics, and manufacturing controlled substances
- Firearms and weapons charges, such as illegal possession of firearms, trafficking of firearms across state lines, and possession of a firearm by a convicted felon
- Cybercrimes, such as hacking and computer fraud, child pornography offenses, internet scams, and identity fraud
- Public corruption and bribery, such as bribing government officials, election fraud, and abuse of public office
Each offense carries serious penalties, including lengthy prison sentences, steep fines, and a permanent criminal record. Given the high stakes, working with a federal criminal defense attorney who understands federal law and procedures is a must.
The Federal Criminal Process: What to Expect
If you’ve been charged with a federal crime, knowing what to expect can help prepare you. The process typically goes like this:
1. Investigation and Charges
Federal cases usually start with an extensive investigation. Agencies like the FBI, DEA, or SEC may conduct surveillance, subpoena records, and interview witnesses before formal charges are filed. If you become aware that you are under federal investigation, contact a skilled federal criminal defense lawyer immediately.
2. Grand Jury Indictment
Most serious federal cases require indictment from a grand jury. This means that a group of jurors reviews the evidence against you, as presented by the prosecution, and determine whether there’s enough evidence to charge you.
3. Arrest and Initial Hearing
Once you’ve been indicted, you may be arrested and taken into federal custody. At your first hearing, the judge will evaluate your situation to determine whether you are eligible for bail or must remain in custody until trial.
4. Arraignment and Plea Bargaining
During your arraignment hearing, you will enter a plea of guilty, not guilty, or no contest. Your lawyer may negotiate with the prosecution for a plea bargain, which could result in reduced charges or a lighter sentence.
5. Pre-Trial Motions and Discovery
Your attorney will file legal motions to challenge evidence, request discovery, and potentially even get the case dismissed, if procedural violations occurred. During the discovery portion of the process, both sides will exchange evidence.
6. Trial
If your case goes to trial, it will take place in a U.S. District Court, where a federal judge will preside. Trials involve various components, including witness testimony, professional evaluation, and legal arguments from both sides. A jury will decide the verdict.
7. Sentencing and Appeals
If you’re convicted of a crime, sentencing will be determined based on federal sentencing guidelines. Your sentence may include prison time, probation, and steep fines. In some instances, such as if legal errors occurred during your trial, your attorney may file an appeal.
The Importance of Hiring a Maryland Federal Defense Lawyer
Federal cases are complex, and given the potential repercussions of a conviction, having help from an experienced federal criminal defense attorney is a must. Your lawyer can help you through every phase of the process, helping you understand your rights and legal obligations.
This includes:
- Evaluating your case, assessing the evidence against you, and the strengths and weaknesses of the prosecution’s case
- Conducting an investigation to gather evidence and identify witnesses to support your defense
- Ensuring that your rights are upheld throughout the legal process
- Negotiating with the prosecution for a plea deal that may lead to reduced charges or a lighter sentence
- Filing motions to challenge evidence, dismiss the case, or seek favorable rulings
- Managing the exchange of evidence between the parties throughout the discovery process
- Developing a well-rounded trial strategy, including witness preparation and evidence presentation
- Representing you in court, presenting your evidence before a judge or jury, and making legal arguments on your behalf
- Advocating for a fair sentence if you are convicted, potentially reducing prison time or fines
- Assisting with the appeals process, if necessary, if there are grounds for challenging the conviction or sentencing errors
What to Do If You Are Under Federal Investigation
If you think you are under federal investigation or have already been charged with a crime, here’s what you need to do:
- Avoid speaking with federal agents without your attorney present. Anything you say can and will be used against you.
- Hire an experienced federal defense attorney immediately. The earlier, the better.
- Avoid discussing your case with anyone, including friends, family, and on social media. Investigators may use what you say against you.
- Gather any relevant documents or evidence. Your attorney will need these to build a strong defense.
Talk to a Skilled Maryland Federal Defense Attorney Today
Federal criminal charges can jeopardize your future and freedom. If convicted, you could face life-altering consequences, including prison time, fines, and probation. Given the complexity of these cases and the potential consequences, hiring a skilled federal defense attorney is a must. This way, you can fight back against the charges and protect your rights.
If you’re dealing with a federal investigation or indictment, contact our experienced Maryland federal defense lawyers at Jezic & Moyse. The sooner you have legal representation, the better your chances are of securing a favorable outcome. Contact us today at (240) 292-7200 or complete our online contact form for help with your case.