How Are Federal Crimes Investigated?
Federal crime investigations typically occur within one of the federal government’s law enforcement agencies, such as:
- Federal Bureau of Investigation
- Bureau of Alcohol, Tobacco, Firearms, and Explosives
- Drug Enforcement Agency
- Customs and Border Protection
- U.S. Secret Service
Federal law enforcement agencies also work with the Offices of the U.S. Attorneys (federal prosecutors) to investigate federal crimes.
In some cases, a defendant and the prosecution negotiate a plea agreement before the case reaches trial. Under this agreement, the defendant agrees to plead guilty in exchange for a favorable sentencing recommendation from the prosecution.
What Are the Penalties for a Federal Criminal Conviction?
Federal laws tend to impose harsher punishments for crimes than state law would impose for the same offense. Federal judges use the federal sentencing guidelines to identify a sentencing range for a defendant based on the nature of their offense and criminal history. Judges can also apply various sentencing enhancements, such as a defendant’s status as a repeat offender or an armed career criminal.
Federal law also allows judges to depart upward or downward from the guidelines range when sentencing defendants based on their consideration of statutory sentencing factors. These include aggravating factors like the heinousness of the defendant’s offense and the need to protect the public or mitigating factors like the defendant’s acceptance of responsibility or mental health issues that contributed to their criminal behavior.
Federal convictions can also involve other penalties and collateral consequences beyond a prison sentence, such as fines, supervised release, restitution, or requirements to register as a sex offender.
What Happens in a Federal Criminal Case?
When a person faces prosecution for a federal crime, the criminal justice process usually begins with federal prosecutors presenting the case to a grand jury to obtain an indictment. In a grand jury proceeding, only prosecutors get to present evidence and witnesses. The grand jury must determine whether the government has probable cause to bring a defendant to trial for a federal criminal offense.
Once a grand jury indicts a defendant, law enforcement will arrest and process them before their initial appearance before the federal district court. At that initial appearance, the federal court will formally inform the defendant of the charges against them, advise them of their rights (including the right to legal counsel), and take their initial plea.
In some cases, a defendant and the prosecution will negotiate a plea agreement before the case reaches trial, under which the defendant agrees to plead guilty in exchange for a favorable sentencing recommendation from the prosecution.
When a case does not result in a plea deal, the parties will engage in discovery, which involves the prosecution turning over its evidentiary file and disclosing any exculpatory evidence or unfavorable evidence about the government’s witnesses. The parties will also file pre-trial motions with the court, including motions to admit or exclude specific evidence or testimony or defense motions to dismiss the charges for lack of evidence.
A federal case will eventually reach trial, where the parties get to present their evidence, witnesses, and arguments to the jury and judge to advocate for a verdict in their favor.
What Rights Do Federal Criminal Defendants Have?
Under the U.S. Constitution and federal law, federal criminal defendants have various rights when facing prosecution. The Fifth Amendment gives defendants the right to remain silent, as the Constitution prohibits the government from compelling them to make inculpatory statements or admit guilt to a crime. This right also allows a defendant to refuse to submit to questioning from federal investigators.
The Sixth Amendment also gives defendants the right to effective legal counsel at every stage of a criminal case following an arrest or indictment. The Fourth Amendment protects defendants from unreasonable searches and seizures, requiring the government to develop probable cause and, in many cases, obtain a warrant from the court before searching their property.
Finally, defendants have the right to a speedy trial, which requires the government to bring a defendant to trial within a reasonable time, accounting for delays caused by the defendant or outside the government’s control.
What Defenses Does Someone Facing Criminal Charges Have?
Depending on the specific criminal charges, a federal defendant may have various defense strategies they can pursue to challenge the government’s case. Common defenses used in federal criminal cases include:
- Lack of intent
- Lack of actual or constructive possession
- Mistaken identity
- Alibi
- Consent
- Mistake of fact
- Unlawful search and seizure
- Unlawfully obtained statements
- Duress
- Entrapment
Can You Challenge a Federal Criminal Conviction?
The federal criminal justice system allows you to appeal a criminal conviction when the federal district court made a procedural or legal error during the case, such as misapplying the law to an evidentiary ruling, allowing a case to go forward with insufficient evidence, or erroneously instructing the jury on the applicable law. You also have other options to challenge your conviction outside of a direct appeal, such as pursuing post-conviction relief due to ineffective assistance of legal counsel or filing a petition for writ of habeas corpus based on the discovery of evidence proving your innocence.
Can You Expunge a Federal Conviction?
Unfortunately, federal law does not permit the expungement of federal convictions from a person’s record in most circumstances. Minors convicted of federal drug crimes may seek expungement of such convictions. Otherwise, a person seeking to expunge a federal conviction must seek a pardon from the president.
How Can a Federal Criminal Defense Attorney Help You with Charges?
If you’re arrested and charged with a federal crime, a defense attorney can help you face your charges by:
- Investigating your case to recover all available evidence
- Explaining your charges and the potential outcomes of your case to you
- Identifying possible defense strategies based on the evidence and circumstances of your case
- Challenging the government’s case at each stage of the process, including filing motions to exclude unlawfully obtained or inadmissible evidence or to dismiss your charges for lack of evidence or probable cause
- Vigorously pursuing the best possible resolution to your charges, whether that involves negotiating a favorable plea deal or advocating your innocence at trial
Contact a Federal Criminal Defense Attorney Today
If you face federal criminal charges, you need experienced and knowledgeable legal support to defend your rights, interests, and future. Contact The Law Office of Jodi L. Hemingway, PLLC, today for a confidential consultation with a federal criminal defense attorney to discuss your options and get the advocacy you need. Don’t let this situation define the rest of your life. Attorney Jodi L. Hemingway has a proven reputation for fighting for her clients to obtain dismissals or acquittals, reduced penalties, and alternative dispositions in federal criminal cases.
