FEDERAL COURTS
The jurisdiction exercised by the Federal criminal courts is not obvious. For example, bank robbery is a Federal offense and convenience store robbery is a State offense. However, any crime committed while on Federal property would fall under the jurisdiction of a Federal court. Certain offenses have concurrent jurisdiction, meaning they can be charged in either court. Typically Federal charges carry stiffer fines and longer prison sentences than the same crime charged in state courts.
It is important to get with an attorney immediately because often an attorney can affect where the charge is filed.
Sentencing in Federal Courts is completely different than state court sentencing. The federal courts use the Federal Sentencing Guideline (some of which have recently been declared unconstitutional by the U.S. Supreme Court). It is important that you have an attorney with federal experience if charged in the federal courts.
Consequences for the conviction of a Federal Crime may potentially include:
- Imprisonment
- Loss of the right to vote
- Loss of the right to own a deadly weapon
- Probation or parole
- Court ordered rehabilitation
- Significant fines
- Other
Likelihood of any of the above consequences depends upon the following factors:
- Federal Sentencing guidelines
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Departure reasons given to the federal judge
Defenses of Federal Crimes may potentially include:
- Insufficient evidence
- Jurisdictional issues
- Mistaken identity
- Federal evidence violations
- Federal constitutional violations
- Other
What can you do to improve the outcome of your case?
- The single thing that will effect the outcome of you case is retaining an attorney with significant federal practice to represent you throughout the case
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Review you rights with your attorney
- Review your defenses with your attorney
- Keep a diary listing significant events and potential witnesses
- Do NOT investigate your own case
What can we do to help?
- Early preparation, including legal research and defense identification
- Advise you of your constitutional rights
- Early investigation and identification of all facts helpful to your defense
- Interview police and witnesses to minimize or eliminate the case
- Meet with the prosecutor for a possible charge bargain or possibly move the case to the state courts
- Interview all witnesses
- Set or reduce bail
- Keep you updated on all aspects of you case, including possible defenses and alternatives
- In appropriate cases, negotiate jail alternatives
- Contact and hire expert witnesses that will help in your defense
- Research and file appropriate motions to dismiss the case
- Research and file appropriate motions to suppress evidence
DISCLAIMER
The statements above are not legal advice! This statements are not intended to be a comprehensive statement of law of your particular case. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies to your particular case.