Federal Criminal Defense

A federal criminal charge is much more severe than a state charge. Federal crimes have a strict federal sentencing guideline which, though no longer required, is often followed. The reality is that federal defendants are up against the government all of its resources. No one should face a federal charge without the counsel of a zealous attorney willing to work to fight the charges. Even when a plea is the goal, preparing the motions and discovery for trial is essential. Without this aggressive start, the prosecution has no incentive: they know the defendant is just looking for a plea. Our team of attorneys and legal staff understand that being aggressive and being prepared are essential to getting reduced or dismissed charges.

A federal crime can be investigated by the FBI, DEA, ICE, IRS, ATF, Secret Service or any number of other Federal agencies. Occasionally, state law enforcement officers work in conjunction with federal agencies. All of these agencies have tremendous resources, which makes even more essential to have an attorney willing to take on the fight.

After an arrest on a federal criminal charge, a defendant is taken to a federal magistrate judge to determine "probable cause". Probable cause is determined by evidence of whether or not there is enough evidence to show that an individual may have done it. This shows probable cause for the arrest. At this time, bail is often set. If a separate hearing is set for establishing a bail, it is called a bond hearing. It is important to have an attorney at these early hearings, as it can allow the attorney to get an advance look at the case the prosecution will put forward against the defendant. The defense attorney can use this to help build a legal defense against the criminal charges.

Many different kinds of cases are tried in federal courts. Common federal criminal defense cases include, but are not limited to:

  • drug charges (possession, distribution, trafficking, and manufacturing)
  • sexual offenses (internet sex crimes, child pornography)
  • white collar crimes (fraud, embezzlement, corporate theft, extortion, money laundering, RICO)
  • firearms charges
  • bank robbery

Once contacted by federal law enforcement agents, it is imperative that the individual remain silent. The right to remain silent always exists, but you do not have to be notified until AFTER the arrest. A common law enforcement tactic is to talk to the suspect in order to elicit damaging statements prior to the arrest. This is legal and can be used against you. Also, the agents often ask leading questions that are designed to make the suspect sound like he is admitting something that he really would not admit. If you believe you are a suspect in a federal criminal investigation, contact a federal criminal defense attorney immediately. Do not speak to a federal law enforcement agent without a lawyer.

It is also imperative to contact an attorney licensed in the federal courts. Many attorneys help in the initial phases that are not licensed in federal court. If this happens, that attorney can not continue representation, which means changing attorneys. This can mean a change in strategy as well as delays because the new attorney has to evaluate the case from scratch. It is very important to hire an attorney licensed in federal court for federal charges. Many criminal defense attorneys are licensed only in the state court, so ask. At Miller & Brown, P.C., we have multiple attorneys who handle cases in federal courts.

If you are charged with a criminal offense in the federal courts, it is important to retain an experienced federal criminal defense attorney to help interpret and walk you through the complicated codes, rules, and procedures. Federal courts are significantly different than state courts. It is vital that a defendant charged with a federal crime have a federal criminal attorney who can use the courts unique set of policies to the defendant's advantage. Often, defendants are represented by attorneys who only practice in state courts and miss valuable opportunities that affect the outcome of a client's case.

To set up a consultation with one of our federal criminal defense attorneys, call 770-461-2025.