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Federal crimes are simply offenses created under federal law or those that fall under federal jurisdiction. Unlike many of the other legal issues that people encounter in their personal lives, federal crimes are all subject to a single set of laws and rules. With very few exceptions, federal criminal offenses are created by Congress rather than by federal agencies. Federal criminal offenses are generally codified in the United States Code, while federal agency regulations are generally codified in the Code of Federal Regulations. In light of this, a crime crossing state lines does not necessarily mean the crime is federal in nature. As explained above, this will only be the case if federal law applies, but if federal law does apply, the crossing of state lines may be the element that invokes federal jurisdiction. As a general matter, the federal government has jurisdiction over federal property and interests, as well as conduct that involves interstate commerce or crosses state lines. With this in mind, a number of different crimes that we usually think of as being local crimes can fall within the federal government’s jurisdiction. Some examples include:

• Mail fraud (because the mail is a federal interest/concern)
• Bank robbery involving a bank, credit union, or savings and loan association covered by 18 U.S.C. § 2113
• Kidnapping (when it involves transporting someone across state lines)
• Counterfeiting (because the federal government is in charge of the national currency)
• Tax evasion (because the federal government manages the IRS) As explained above, federal crimes are unique in that they are subject to a single set of federal laws, whereas state crimes vary significantly by state. This is true regardless of what role the law has in the context of the criminal justice system, though it is important to recognize that the DOJ, FBI, IRS, and DEA all have a role to play in investigating and prosecuting these cases.

Which lawyers do federal defendants face, and what do “criminal,” “greatest,” or “billionaire” mean?

You should always contact an experienced federal criminal defense lawyer if you (or someone close to you) have been accused of a federal crime. A federal criminal defense lawyer is a lawyer who works with and represents individuals accused of a crime by the federal government.

Which Lawyers Do Federal Defendants Face?

Your federal criminal defense lawyer is not the lawyer you will face in court. Rather, your lawyer will fight the case for you, and your lawyer will fight the case on behalf of a lawyer working for the federal government. The government’s courtroom lawyers are known as United States Attorneys and Assistant United States Attorneys, and they are responsible for managing federal prosecutions in the U.S. court system. As the name suggests, a United States Attorney is the lawyer in charge of a federal prosecutorial office, which represents the government within one district. With a few notable exceptions, the prosecutor in charge of a federal case will be an Assistant United States Attorney, who will work with the U.S. Attorney and other Assistant U.S. Attorneys in managing the case.

What Does it Mean to be a “Criminal Lawyer”?

Depending on the context, the term “criminal lawyer” can refer to either a federal prosecutor or a federal criminal defense lawyer. A federal criminal defense lawyer is licensed to represent defendants, while a federal prosecutor represents the United States in criminal cases. Here, you can find more.

What Does it Mean to be one of the “Greatest “ or “Best” Criminal Lawyers?

As a general matter, the law is a profession of skill, not competition, so it’s difficult to say who is the best or the greatest criminal lawyer in the country. All of the country’s law firms that call themselves a “top law firm” are in this regard overstating their skill in the law. However, federal criminal defense lawyer is a highly prestigious, high-stress, and highly-competitive profession. It’s also one of the most widely respected and important positions within the legal profession.

How does a federal investigation become an indictment, detention decision, or arraignment?

The Federal Criminal Investigation

When conducting federal criminal investigations, the federal government typically utilizes experienced personnel from the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Secret Service, Homeland Security Investigations (HSI), or other similar federal law enforcement agencies. Along with other investigative means, federal agents have the ability to serve search warrants and witness subpoenas, interview witnesses, seize evidence, and execute search and arrest warrants.

The Grand Jury and Indictment

If the investigation indicates criminal conduct that falls within federal jurisdiction, the government’s federal prosecutors (represented by a team of Assistant United States Attorneys under the leadership of a U.S. Attorney) may request an indictment from a federal grand jury. The federal grand jury has a limited role in criminal cases, as its purpose is not to determine a defendant’s guilt or innocence but to determine if the evidence gathered during the investigation supports bringing criminal charges. An indictment is a written document signed by the members of a federal grand jury that outlines the government’s charges. It is typically required to initiate felony criminal litigation in federal court and serves as formal notice of the charges against the defendant.

Arraignments and Detention Decisions

Following the issuance of a federal indictment, the defendant must receive notice of the charges during his or her initial federal appearance or arraignment. Usually, a magistrate judge presides over a defendant’s initial appearance. At this hearing, the judge informs the defendant of the criminal charges against him or her and provides the opportunity to enter a plea. At a defendant’s initial appearance, a judge makes the initial detention decision, which may lead to the defendant being ordered to be detained or granted release.

Which federal defenses and pretrial safeguards can change the case?

Federal Discovery

In federal criminal law, federal discovery is a pre-trial stage where the prosecutor discloses various materials and information used to build the government’s case against the defendant. It is generally necessary for the defense to be able to present an effective defense at trial, and discovery is a fundamental aspect of the American legal system. While federal discovery requires disclosure of certain evidence and materials specified by the applicable rules and constitutional requirements, it does not require disclosure of every single record that federal investigators may have created in the course of their investigation.

Pretrial Motions

Additionally, both sides can file a pretrial motion. A pretrial motion is essentially an application to the court seeking the ruling of the presiding judge on a specific legal or procedural issue. The issues raised in pretrial motions can vary widely depending on the case, but some common issues include whether certain evidence obtained by the prosecution is admissible. If a pretrial motion is denied or granted, it can have a significant effect on the evidence available at trial and the overall outcome of the case.

Federal Constitutional Challenges

When raising constitutional challenges in federal criminal cases, defendants are often challenging the way that evidence was obtained through the search and seizure process. If the search and seizure was unlawful, then the evidence is typically inadmissible, and if the evidence is inadmissible, the government will not be able to present it at trial. A successful constitutional challenge could potentially lead to the dismissal of all charges against a defendant, or, at the very least, it may leave the federal government without the evidence it needs to secure a guilty verdict.

Federal Affirmative Defense

An affirmative defense is a type of defense in which the defendant accepts, assumed, or takes the prosecution’s accusations as granted. However, the defendant then presents a legally-recognized excuse or justification for the behavior. The result of a successful affirmative defense is usually to remove the defendant’s liability and protect the defendant against criminal culpability. Affirmative defenses in federal cases can be challenging to present and generally require a high level of experience and an in-depth understanding of the law from a federal criminal defense lawyer.

How should readers read federal pleas, sentences, appeals, and caseload statistics?

Federal Criminal Case Resolutions

Federal criminal cases can resolve in several ways, including a conviction after trial, a negotiated guilty plea, an acquittal, or a dismissal. Negotiated guilty pleas resolve these cases prior to a federal trial, and sentencing generally occurs at a later hearing. At this stage, the prosecution and the defense work together to agree on a sentence that is fair for the defendant based on their individual circumstances.

Federal Criminal Sentencing

Sentencing in federal criminal cases is conducted using the federal sentencing guidelines. The guidelines are a set of recommendations provided to a federal judge. Sentencing guidelines provide a range that the judge must calculate and consider, but the court may impose a sentence outside that range after considering the factors in 18 U.S.C. § 3553(a). However, as a general matter, this is not a mechanical process. While the guidelines are useful, federal sentencing depends on the circumstances surrounding the federal offense.

Federal Criminal Case Appeals

A federal appeal is not a re-trial in federal criminal law. This is an appeal of the decision of the presiding trial judge and focused on one or more aspects of the law. In a federal appeal, the court does not look for any new facts about guilt; instead, it looks for legal issues that occurred throughout the case. A defendant may obtain relief on appeal if the appellate court identifies a reversible error that affected the case’s result.

Appellate Court Decisions in Criminal Cases

There are four possible outcomes of an appellate court decision. An appellate court may affirm a district court’s ruling, uphold it; reverse a decision, find that the decision was wrong; modify a decision, partially uphold it while adjusting the sentence; or order further proceedings, remanding for a new trial.

Federal Criminal Case Statistics

Federal caseload statistics can offer valuable insights into the federal justice system. However, it’s important to remember that while these statistics may provide insight into broader trends, every case is unique. Regardless of whether the defendant is a corporate executive or individual, the government must prove each element of the charged offense beyond a reasonable doubt, although the burden applicable to an affirmative defense may depend on the defense and governing law.

Talk to Spodek Law Group

Every case turns on its own facts, and general information is no substitute for advice about yours. Todd Spodek, managing partner of Spodek Law Group, and the firm's attorneys defend federal criminal and white collar matters nationwide. Reach the firm at 888 348 8028.