Federal Crimes – Frequently Asked Questions

Federal Crimes – Frequently Asked Questions

Dealing with federal charges can be scary and confusing. This article aims to answer some common questions people have when facing federal prosecution. We’ll cover topics like how federal crimes differ from state crimes, who investigates federal offenses, the role of federal grand juries, sentencing guidelines, and more. Our goal is to help you understand the federal criminal justice process better.

What makes a crime “federal”?

For a crime to fall under federal jurisdiction, it must violate federal (not state or local) law. Some examples of federal statutes include laws related to:

Counterfeiting
Bank robbery
Child pornography
Civil rights violations
Federal tax evasion
Federal drug crimes
Crimes committed across state lines or national borders
Crimes that affect interstate commerce
Federal firearms offenses
Federal fraud crimes like wire fraud or mail fraud

So if a crime violates both federal and state laws, federal prosecutors can choose to bring charges. But the Department of Justice has no authority over purely state law matters.

How do federal crimes get investigated?

Federal agencies like the FBI, DEA, ATF, IRS, ICE, Secret Service, and Postal Inspectors handle investigations into federal offenses. If they find evidence of a federal crime, they can refer the case to federal prosecutors.

State and local police sometimes work with federal agencies on task forces or joint investigations. But generally, federal agents take the lead on probing federal crimes. They have expertise in areas like counterterrorism, organized crime, financial fraud, cybercrime, public corruption, civil rights, and drug trafficking.

Cooperation between federal and state/local law enforcement has increased in recent years. Partnerships like Joint Terrorism Task Forces (JTTFs) allow agencies to share resources and information. But tensions still exist over jurisdiction in some cases.

What is a federal grand jury?

A federal grand jury determines whether enough evidence exists to formally charge someone with a federal crime. Grand juries have 16-23 members and meet in secret. The prosecution presents evidence and witnesses in a non-adversarial setting (no defense counsel allowed).

If 12+ grand jurors vote that probable cause supports the charges, they will return an indictment. This formally and publicly accuses the defendant of federal criminal violations.

How do federal sentencing guidelines work?

Federal judges must consult the U.S. Sentencing Guidelines when determining sentences for federal crimes. The guidelines provide recommended sentencing ranges based on:

The defendant’s criminal history category (determined by their prior record)
The offense level of the current crime(s) (considers factors like amount of loss or drugs, weapon involvement, role in the offense, etc.)

While judges have some discretion, they can’t go above or below the guideline range without citing specific reasons. This is meant to reduce disparities and inconsistencies in federal sentencing. However, some argue the guidelines are too rigid and harsh, especially for drug offenses.

What are mandatory minimum sentences?

Certain federal statutes require mandatory minimum prison terms upon conviction. For example, someone convicted of armed bank robbery faces a 7-year mandatory minimum. Judges can’t go below that, even if they want to. Mandatory minimums limit judicial discretion in sentencing. Critics say they sometimes produce overly severe punishments, while supporters argue they help deter serious crimes.

How often do federal cases end in a plea bargain?

Over 90% of federal criminal cases end in a plea bargain – where the defendant pleads guilty in exchange for concessions from prosecutors. Reasons for the high plea rate include:

Mandatory minimum sentences give defendants an incentive to plead guilty to lesser charges to reduce prison time.
Broad federal criminal statutes and sentencing guidelines make convictions likely if cases go to trial.
Defendants often receive sentencing reductions for “accepting responsibility” by pleading guilty.
Prosecutors have overwhelming investigative resources.
Defendants face severe sentences if convicted at trial.

Critics say the plea bargaining system coerces even innocent defendants into pleading guilty. But most federal cases involve strong evidence of guilt. Plea deals allow the justice system to resolve cases efficiently and give defendants predictability in outcomes. Of course, each case is unique – an experienced federal criminal defense lawyer can advise you on the pros/cons of pleading or going to trial.

What kinds of appeals exist in federal cases?

After conviction and sentencing, federal defendants can appeal to the U.S. Courts of Appeals and ultimately the U.S. Supreme Court. Grounds for appeal include:

Constitutional violations (like invalid searches or lack of counsel)
Insufficient evidence
Incorrect application of federal sentencing guidelines
Abuse of discretion by the trial judge
Ineffective assistance of counsel
Prosecutorial misconduct

The appeals process provides an important check on mistakes, bias, or overreach in federal prosecutions. But appellate courts give high deference to discretionary decisions by lower courts. Most federal convictions and sentences are ultimately upheld. Still, pursuing an appeal can be worthwhile, especially when important rights are at stake.

What are federal detention and prison facilities like?

Those charged with federal crimes may be held pretrial in local jails that contract with the U.S. Marshals Service. Conditions and policies vary between facilities. Those unable to make bail often find federal pretrial detention more restrictive than local jails. But federal facilities generally offer safer environments with less overcrowding.

If convicted and sentenced to prison, federal inmates generally serve time in facilities operated by the Federal Bureau of Prisons (BOP). Low and minimum security facilities provide dormitory housing and more privileges. Higher security facilities resemble traditional prisons with cells. Some characteristics of federal prisons include:

Strict security/regimentation but less violence than state prisons
Healthcare, programming, and services superior to many states
Inmates placed far from home, limiting family visits
Crowding and staffing shortages at some complexes
Mix of convicts from white-collar, drug, violent crime backgrounds

Those convicted of federal crimes tend to face longer sentences than state offenders. But federal prisons offer advantages like consistent conditions, lower inmate-to-staff ratios, and policies that reward good behavior.

How does federal probation work?

Many federal offenders receive probation terms instead of prison. Supervision is administered by federal probation officers who:

Conduct presentence investigations for the courts
Assess risks and needs of offenders
Make supervision recommendations
Monitor compliance with release conditions
Try to provide rehabilitation resources
Handle violations through sanctions or revocation

Federal probation can involve various requirements like drug testing, counseling, community service, electronic monitoring, or halfway house stays. Violations may result in revocation back to prison. While restrictive, probation allows suitable offenders to serve their sentences in the community.

What are collateral consequences of federal convictions?

Beyond direct sentences, federal convictions can impact a person’s life long-term in other ways like:

Loss of voting rights and other civil liberties
Deportation for non-citizens
Bar from government aid like public housing or student loans
Ineligibility for professional licenses
Loss of gun ownership rights
Difficulty finding future employment
Social stigma and reduced opportunities

While necessary to punish wrongdoing, these indirect consequences compound the penalties of federal convictions. They can negatively impact public safety by making successful re-entry harder. A good federal criminal defense lawyer will advise clients on potential collateral damage and try to mitigate it through plea negotiations.

What should I do if facing federal charges?

Here are some important steps if you or a loved one are under federal investigation or charged with a crime:

Remain silent and avoid making statements or answering questions without an attorney present. Assert your right to counsel.
Hire a federal criminal defense lawyer as early as possible. Federal cases move quickly and experienced counsel is essential.
Follow your lawyer’s advice about responding to investigators, testifying before grand juries, or discussing the case with others.
Work cooperatively with your lawyer as they assess the charges and evidence against you.
Be proactive and honest in working with your lawyer to explore defense options and negotiation strategies.
Recognize that the federal justice system is complex, but an experienced attorney can guide you through it.

The stakes are high in federal criminal cases, but skilled advocacy can make a major difference in outcome. Do not go through this process alone. Hire the best lawyer you can afford. Your future may depend on it.

Conclusion

Federal prosecution involves a complex legal system with many moving parts. But understanding key processes better equips you to face federal charges. This overview addresses common questions people have. The main takeaways are:

Federal jurisdiction is limited to offenses violating federal (not state) statutes.
Specialized federal investigative agencies probe federal crimes.
Grand juries decide whether to issue formal charges via an indictment.
Sentencing guidelines and mandatory minimums heavily impact sentences.
Most cases end in plea bargains due to strong prosecution advantages.
Direct appeals are difficult but important safeguards on the process.
Federal incarceration and supervision have some advantages over state systems.
Collateral consequences last long after sentences are served.
Those facing federal prosecution need experienced legal counsel on their side.

While scary, you can take steps to navigate the federal justice process with your rights protected. An attorney knowledgeable in federal law can advise you on the best defense strategies. Don’t hesitate to seek help. And know there are still options worth fighting for.