FEDERAL CRIME LAWYER MIAMI, FL

PROTECTING THE RIGHTS OF THOSE ACCUSED OF FEDERAL OFFENSES

Federal law enforcement agents spend a considerable amount of time investigating those who have allegedly committed a federal crime. This means that by the time you know that you're a suspect or are officially charged, the government has already built a case against you. If a U.S. Attorney proves beyond a reasonable doubt that you are guilty, you could be facing years to decades in prison (and in severe cases a lifetime sentence) and thousands of dollars to millions of dollars in fines. Your whole future is at stake in these matters, which is why it is beyond crucial that you contact a federal crimes lawyer in Miami, FL immediately.

At Hager & Schwartz, P.A., our Miami federal crimes attorneys are well aware of the seriousness of these cases. That is why when we are hired to defend against federal charges, we get to work right away. We will spend a significant amount of time gathering and analyzing evidence, speaking with witnesses, and collecting other information pertinent to the case. Our lawyers for federal cases in Miami consist of former prosecutors who know how to spot weaknesses in arguments. We will use this insight and our in-depth knowledge of the federal judicial process to build a comprehensive and aggressive defense for you.

Have you been charged with a federal crime? Contact us at (786) 756-6406 for an immediate case evaluation with our Miami federal crime attorneys.

WHAT IS CONSIDERED A FEDERAL CRIME?

One of the main differences between state and federal crimes is where the offense occurs. A state crime is one that happens within the state's borders. Generally, a person may be accused of committing a federal crime if they engage in prohibited behavior that crosses state lines or country borders. For instance, if a person abducts someone and transports them from Florida to Georgia, they may be prosecuted under the federal kidnapping law, 18 U.S.C. § 1201. In contrast, had the offense been committed only within Florida, it would have been pursued as a state crime under Florida Statutes § 787.01.

When do charges become federal?

Your criminal case will be held in federal court in Miami when:

• Federal authorities made the arrest – If you were arrested by the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, the Federal Bureau of Investigation (FBI), Firearms and Explosives (ATF), or another federal agency, your case will most likely be heard in federal court. Since federal authorities are a higher rank above state or local police departments, they generally have more personnel and resources at their disposal.
• The alleged crime occurred on federal property – When a criminal offense is committed on federal grounds, federal authorities will oversee the investigation. Common examples include robbing a federally-insured bank or possessing drugs in a federal park.
• Conduct crossed state lines, or an offense affects people in multiple states - When a criminal offense involves more than one state, federal prosecutors will handle the case. Common examples include transporting drugs from one state to another, stealing a person’s identity in another state through the internet, or committing homicide where one victim is in one state and the other is in another.
• The conduct violates immigration laws - Illegally entering the US is a serious issue with ramped-up consequences for repeat offenders. Repeat attempts at unlawful entry can lead to stiff criminal punishments and other repercussions.
• The alleged crime is serious in nature – The more serious the criminal offense, the more likely federal courts will take the case. For instance, a complex money laundering case involving large sums of cash is more likely to be investigated by federal authorities.
• State and federal authorities decide – Federal and state authorities may deliberate which system should preside over a criminal case. On the other hand, sometimes state police departments hand over a case to federal prosecutors.

In some cases, an offense can be pursued as both a state and a federal crime.

If you have been arrested for a federal crime in Florida, the penalties you face are harsher compared to a conviction from the state court. It is in your best interest to seek legal representation from an experienced Miami federal criminal attorney.

TYPES OF FEDERAL CHARGES WE FIGHT

The United States Code enumerates various types of prohibited conduct. Federal crimes range from embezzlement and theft to homicide. Regardless of the charge, it is vital for anyone accused of violating federal law to retain competent legal representation. Navigating the federal judicial system is complex and can be challenging to do without the help of a skilled and experienced Miami federal crimes attorney.

At Hager & Schwartz, P.A., our Miami federal crimes lawyers provide aggressive defense for a range of federal offenses, including, but not limited to:

• Arson: Under 18 U.S.C. § 81, it’s unlawful for any person in special maritime and territorial jurisdiction to knowingly set fire to certain buildings, structures, materials, or supplies. 18 U.S.C. § 842 makes it illegal for any person to unlawfully manufacture, import, distribute, or store explosive devices.
• Child Pornography: Federal laws (18 U.S.C. §§ 2251, 2252, and 2252A) prohibit knowingly transporting, receiving, distributing, possessing, or creating an image depicting a minor engaged in sexually explicit conduct.
• Counterfeiting: Chapter 25 of Title 18 of the United States Code lists various counterfeiting-related offenses. These include using, dealing in, selling, or possessing counterfeit obligations, securities, tools, and other materials.
• Drug Trafficking: Any person who creates, manufactures, distributes, or dispenses a controlled or counterfeit substance may be prosecuted under 21 U.S.C. § 841.
• Espionage: This offense involves taking any document or information concerned with the defense of the U.S. and/or providing it to another entity for the purpose of harming this country. Prohibited acts are enumerated in Chapter 37 of Title 18 of the United States Code.
• Federal DUI: A person may be charged with a Federal DUI if they operate a motor vehicle on federal property and they are under the influence of drugs and/or alcohol or have a blood alcohol concentration of .08 or higher.
• Human Trafficking: Several federal laws prohibit procuring, enticing, or forcing others for involuntary servitude or to perform commercial sex acts (18 U.S.C. §§ 1581, 1584, 1589, 1590, 1591, 1592).
• Kidnapping: 18 U.S.C. § 1201 makes it unlawful for any person to abduct another, transport them across state lines, and hold them for ransom.
• Mortgage Fraud: This offense involves the use of deception to obtain a loan or real property. The federal government does not have a law specifically concerning mortgage fraud, but such conduct can be pursued under other statutes, such as mail or wire fraud, bank fraud, false statements to a financial institution.
• Straw Purchasing Firearms: Under 18 U.S.C. § 932, Straw purchasing firearms occurs when someone buys a gun on behalf of another person, knowing that the intended recipient is legally prohibited from possessing a firearm.
• Trafficking in Firearms: According to 18 U.S.C. § 933, trafficking in firearms involves the illegal shipment or transportation of firearms across state or international borders with the knowledge that the transaction is a felony offense.
• Tax Fraud: Tax fraud involves knowingly and willfully evading tax obligations, failing to pay taxes, making false statements on tax returns, and other tax-related offenses.
• Terrorism: This offense involves engaging in violent acts to intimidate others, influence government policy, or affect government conduct (Chapter 113B of Title 18 of the United States Code).

If you are under investigation for or have been charged with a federal offense, our Miami federal crimes attorneys have the skills, experience, and resources to challenge the accusation against you.

Who Investigates Federal Crimes?

Several federal agencies are responsible for investigating individuals suspected of committing federal crimes. Each agency operates within its area of focus, and its work is crucial in upholding federal laws.

Federal agencies involved in investigations include:

• Federal Bureau of Investigation (FBI): As the nation’s primary security agency, the FBI investigates crimes related to national security, including counterterrorism, cybercrime, and organized crime. It gathers intelligence and enforces laws that protect the country from significant threats.
• Drug Enforcement Administration (DEA): The DEA focuses on enforcing federal statutes involving controlled substances. This responsibility includes investigating crimes related to drug trafficking, manufacturing, and distribution, as well as the unlawful possession of controlled substances.
• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): The ATF's mission is to protect the public from violent criminals, firearms trafficking, illegal explosives use, and terrorist activities. It also monitors and enforces federal laws on the illicit production and distribution of alcohol and tobacco products.
• Homeland Security Investigations (HSI): A division of the Department of Homeland Security, HSI investigates crimes related to immigration laws, customs, and transnational threats, including human trafficking, child exploitation, and financial crimes.
• Internal Revenue Service (IRS): The IRS Criminal Investigation division investigates financial crimes, such as tax evasion, fraud, and other violations of the Internal Revenue Code. Its work often overlaps with investigations into money laundering and other financial fraud.
• U.S. Marshals Service: The U.S. Marshals are responsible for apprehending federal fugitives, protecting the federal judiciary, managing the witness protection program, and transporting federal prisoners. They also assist in seizing assets gained through illegal means.
• U.S. Postal Inspection Service: This agency investigates the illegal use of the mail system for criminal purposes, such as mail fraud, identity theft, and drug trafficking.
• U.S. Secret Service: The Secret Service plays a dual role in protecting national leaders and investigating crimes related to financial systems, including counterfeiting, cyber fraud, and identity theft.

These agencies conduct thorough investigations, often involving vast resources and coordinated efforts, which raises the stakes for those under investigation. Given these agencies' substantial power and resources, it is vital to have a defense attorney who can provide a robust legal strategy to protect your rights.

CAN FEDERAL CHARGES BE REDUCED?

In some cases, it may be possible to have federal charges reduced or dismissed. This is often done through plea bargaining, where a Miami federal defense attorney works with the prosecutor to negotiate a plea deal that is beneficial for both parties. In some cases, the charges may be reduced, or the sentence may be lessened. It’s important to note that this is not always possible.

CAN YOU BEAT A FEDERAL INDICTMENT?

Yes, it is possible to beat a federal indictment. A skilled Miami federal defense attorney can work to build a strong defense strategy and present evidence that may exonerate their client. This could include challenging the evidence presented by the prosecution, questioning the credibility of witnesses, or even filing a motion to dismiss the case. However, it’s important to note that the outcome of any case will depend on the facts of the case and the skill of the defense attorney.

When it comes to federal criminal defense, having a Miami federal defense attorney on your side can make all the difference. From navigating the complexities of federal law to negotiating plea deals and building a defense strategy, a federal defense attorney can be a powerful ally. Whether you’re facing federal charges or just want to learn more about the process, a Miami federal defense attorney can provide the knowledge and experience you need to make the best decisions for your case.

FEDERAL CRIME PUNISHMENT

Suppose you're convicted of a federal offense. In that case, the course of your life can be substantially altered with penalties, including lengthy prison time and fines that can range from hundreds of thousands to millions of dollars. Also, if aggravating factors are present, the punishments may be enhanced. The conviction penalties for federal crimes are harsh and vary depending on the nature of the offense.

A few examples of federal offenses and penalties include:

• Willfully failing to file a tax return:
  • Up to 1 year of imprisonment and/or
  • Up to $25,000 in fines
• Trafficking less than 50 kilograms of marijuana:
  • Up to 5 years in prison and/or
  • Up to $250,000 in fines
• Drug trafficking:
  • 5 - 40 years in prison
  • Up to $10,000 - $5,000,000 in fines.
• Accessing child pornography:
  • Up to 10 years in prison and/or
  • A fine
• Using counterfeit materials:
  • Up to 20 years in prison and/or
  • A fine
• Arson:
  • 5 to 20 years in prison and/or
  • A fine
• Sex trafficking by force or coercion:
  • Between 15 years to life in prison and/or
  • A fine
• Kidnapping:
  • Up to life in prison
• Healthcare fraud:
  • Up to 10 years in prison
  • Up to 20 years in prison if the offense results in serious bodily injury
  • Up to life in prison if the offense results in death
  • Potential fines depending on the case
• Identity theft:
  • Can be up to 30 years in prison
• Mail or Wire Fraud:
  • Potentially up to 20 years in prison
• Money Laundering:
  • Up to 20 years in prison
  • Up to $500,000 in fines
• Tax evasion:
  • Up to 5 years in prison and/or
  • $500,000 in fines

FIGHTING FEDERAL CRIMES CHARGES IN MIAMI, FL

At Hager & Schwartz, P.A., our Miami federal defense attorneys near you know that your whole life can be affected by a federal criminal charge and conviction. That is why we will provide personalized attention and aggressive defense throughout the Florida federal criminal process. When you turn to us, your case will be in competent hands.

Our Miami federal lawyers are ready to look out for your best interests and seek a favorable result on your behalf. For an immediate case evaluation, call us at (786) 756-6406or submit an online contact form.

Federal Crime FAQs

A criminal investigation or trial can raise numerous questions and concerns. Thus, we’ve compiled this FAQ section to answer some of our clients' most common inquiries. However, every case is unique, and we’re here to assist when needed for personalized guidance.

What Rights Do I Have if I’m Accused of a Federal Crime?

If you are accused of a federal crime, several constitutional rights protect you throughout the legal process. 

These rights, many of which are outlined in the Fifth and Sixth Amendments, include:

• Right against unlawful searches and seizures: The Fourth Amendment protects you from unreasonable searches and seizures. Law enforcement must obtain a warrant before conducting a search, except in certain circumstances.
• Right against self-incrimination: Under the Fifth Amendment, you are not required to testify against yourself. This protection is the basis of the "right to remain silent."
• Right to due process: The government must follow all legal procedures fairly and without bias when investigating and prosecuting you.
• Right to an attorney: You have the right to legal counsel. If you cannot afford an attorney, the court may appoint one.
• Right to a speedy and public trial: The Sixth Amendment ensures that you are not subjected to unnecessary delays and that your trial is open to the public.
• Right to an impartial jury: You have the right to be tried by a jury of your peers, who must be impartial and unbiased.
• Right to know your accuser and the charges: You are entitled to know who is accusing you and the specific nature of the charges against you.

These constitutional protections are critical to facilitating a fair trial and protecting your freedoms.

What Is the Difference Between a Federal Crime and a State Crime in Florida?

Federal and state crimes differ primarily in jurisdiction, laws, and penalties. Federal crimes involve violations of the United States Code and often occur when the offense affects multiple states, crosses international borders, or involves federal agencies. For example, drug trafficking or wire fraud that crosses state lines can trigger a federal investigation. In contrast, Florida state crimes are violations of Florida Statutes and are limited to offenses that occur within state boundaries, such as burglary or DUI.

Federal crimes are investigated by agencies such as the FBI or DEA and are prosecuted in federal court. State crimes are handled by local law enforcement and prosecuted in state courts. 

While federal crimes may be perceived as carrying harsher penalties, it depends on the offense. For example, federal racketeering charges carry a maximum 20-year sentence, whereas Florida’s state racketeering law can result in up to 30 years in prison.

Can a Federal Criminal Conviction Be Appealed or Overturned in Florida?

Yes, a federal criminal conviction can be appealed. If grounds exist, you may file an appeal to the Circuit Court. 

Examples of grounds for appeal include:

• Improper suppression of evidence
• Incorrect application of the law
• Ineffective assistance of counsel
• Juror misconduct

If the appellate court finds merit in the appeal, the conviction could be reversed, the sentence reduced, or a new trial ordered. Working with a knowledgeable attorney during the appeals process is essential to pursue a favorable outcome.

What Should I Do if I Am Under Investigation for a Federal Crime?

If you are under investigation for a federal crime, your first step should be to remain calm and avoid speaking to investigators without a lawyer. The U.S. Attorney can use anything you say against you, so you must exercise your right to remain silent until you have legal representation. 

Here are a few steps to follow:

• Hire an experienced federal defense attorney immediately.
• Do not discuss your case with anyone, including family or friends.
• Avoid social media, as law enforcement officials can use your posts to build a case against you.

Taking these steps early can affect your case.

Who Investigates Federal Crimes in Florida?

Several federal agencies handle investigations of federal crimes. 

These agencies include:

• Federal Bureau of Investigation (FBI)
• Drug Enforcement Administration (DEA)
• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
• United States Secret Service (USSS)
• Homeland Security Investigations (DHS/HSI)

Each agency focuses on specific types of federal crimes, using extensive resources to investigate and prosecute individuals.

What Are the Long-Term Impacts of a Federal Crime Conviction?

A federal conviction can have serious long-term consequences, affecting various aspects of your life even after serving your sentence. 

These impacts may include:

• Loss of civil rights, such as voting or owning a firearm.
• Employment difficulties arise because many employers conduct background checks and may hesitate to hire someone with a federal criminal record.
• Challenges finding housing, as landlords may deny rental applications based on criminal history.
• Social stigma, which can strain personal relationships and affect mental well-being.

A federal conviction can change the trajectory of your life, making it essential to seek skilled legal defense as early as possible.