|
A "federal crime" is any offense that violates the laws contained in the United States Criminal Code. The offenses are primarily white collar crimes dealing with various frauds. Mail Fraud, Wire Fraud, Bank Fraud, Health Care Fraud, Investment Fraud, Telemarketing Fraud, Loan Fraud, Crimes against government agencies, etc. These are often accompanied by charges of money laundering and tax evasion. All federal laws passed by the United States Congress come under the jurisdiction of the judicial branch of the federal government. The judicial branch (article III, U.S. Constitution) has the responsibility of interpreting and administering the articles contained in the U.S. criminal code.
There are over 100 categories of offenses that are considered to be federal crimes, and even though some offenses may also be covered under the California criminal code, the methods by which federal crimes are handled are unique. Some examples of federal crimes are:
To view a detailed version of the U.S. criminal code, please click here.
In addition to the above list of federal offenses, ANY crime that is committed on federal property (government buildings, airports, National parks, etc) is subject to federal prosecution and comes under the jurisdiction of the federal court system.
Every crime under the U.S. criminal code is assessed a base offense value, the more serious the offense, the higher the base value. For example:
Points are then added or subtracted depending on the circumstances such as the age of the victim, the amount of money involved, the type of weapon used, etc.
That's just the beginning. A complicated grid pattern is then used to combine other variables such as previous criminal history, social and economic stability of the offender, and so on. A federal district judge must then impose a mandatory minimum and/or maximum sentence based on the final "point value" given to the case. To view the Federal Sentencing Table, click here.
The federal court system was established to ensure that there was equal justice for all citizens and also equal punishment for anyone who committed a federal offense The federal courts are considered to be the guardians of the constitution. Their function is to protect our guaranteed constitutional rights. Those accused of committing federal crimes are generally tried in federal District Courts (each state has at least one district court). The judges who preside over the District courts are appointed by the U.S. Congress and must strictly adhere to federal sentencing guidelines. The U.S. Sentencing Commission (formed in 1980) established sentencing guidelines to ensure that there is uniform justice throughout the nation.
A Federal criminal matter proceeds as follows:
- investigation of potential criminal conduct
- review by United States Attorney
- complaint filed
- grand jury returns indictment
- defendant arrested
- preliminary hearing
- discovery pleadings
- motions filed
- trial
- opening statements
- government prosecutor's case
- defendant's case
- prosecutor's rebuttal case
- closing arguments
- deliberations
- verdict
The U.S. attorney presents evidence to a grand jury whose function it is to determine whether there is sufficient evidence to bring charges against a person.
If an arrest is made, an initial appearance is scheduled and the judge advises the defendant of the charges. Based on reports from pre-trial services, the judge will then decide whether to release the defendant back into the community until the trial, to place certain restrictions on the defendant, to place bail if any is required, or to keep the defendant in jail.
A "pre-trial" is conducted to give the U.S. attorney and the defendant's attorney the opportunity to present evidence to the judge that would either support or refute the charges. Criminal cases include a limited amount of pretrial discovery proceedings, with substantial restrictions to protect the identity of government informants and to prevent intimidation of witnesses. The attorneys also may file motions, which are requests for rulings by the court before the trial. For example, defense attorneys often file a motion to suppress evidence, which asks the court to exclude from the trial evidence that the defendant believes was obtained by the government in violation of the defendant's constitutional rights.
In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt. The standard of proof in a criminal trial is proof "beyond a reasonable doubt," which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime. If a defendant is found not guilty, the defendant is released and the government may not appeal. Nor can the person be charged again with the same crime in a federal court. The Constitution prohibits "double jeopardy," or being tried twice for the same offense.
If the verdict is guilty, the judge determines the defendant's sentence according to special federal sentencing guidelines issued by the United States Sentencing Commission. The court's probation office prepares a report for the court that applies the sentencing guidelines to the individual defendant and the crimes for which he or she has been found guilty. During sentencing, the court may consider not only the evidence produced at trial, but all relevant information that may be provided by the pretrial services officer, the U.S. attorney, and the defense attorney. In unusual circumstances, the court may depart from the sentence calculated according to the sentencing guidelines.
A sentence may include time in prison, a fine to be paid to the government, and restitution to be paid to crime victims. The court's probation officers assist the court in enforcing any conditions that are imposed as part of a criminal sentence. The supervision of offenders also may involve services such as substance abuse testing and treatment programs, job counseling, and alternative detention options.
All of this boils down to one important fact. Do not attempt to defend yourself in federal court without the assistance of an experienced FEDERAL criminal defense attorney.
Please Call Us at 702-464-6007
Remember that, even though you have been accused of a federal crime, your rights are still protected under the U.S. Constitution. Your constitutional rights include:
- Protection from unreasonable search and seizure
- The right to be informed of the exact charges and related sentence
- The right to an attorney
- Protection from self-incrimination
- The right to a speedy and public trial
- The right to examine all witnesses, either for or against you
If any of your constitutional rights have been violated, there is a good possibility that your case will be thrown out of court.
As mentioned previously, federal judges are obligated by the U.S. congress to adhere to the mandatory sentencing guidelines that are based on a point system. This system of justice is controversial and disliked by many district judges because they must impose a pre-determined, in some cases, unfair sentence. Since some judges feel that they no longer have the discretionary power to consider the "human" element that may have contributed to the crime, they may lean toward a favorable ruling on any legal arguments that could change the "score" in your favor.
FOR A FREE CONSULTATION PLEASE CALL 702-464-6007
Important Links:
Federal Offenses Disclaimer:
The Federal Offense, federal crime, fraud, conspiracy, counterfeiting, kidnapping, immigration law violations, RICO crimes, terrorism, weapons charges, crimes committed on federal property or other legal defense information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship.
Our law firm encourages you to seek independent counsel for legal advice regarding your federal offense or crime, including any crime committed on federal property, mail fraud, customs violations, conspiracy, drug trafficking, drug manufacturing, accounting fraud, bank fraud, weapons charges, kidnapping, health care fraud, money laundering, social security fraud, tax crimes, terrorism, counterfeiting, computer hacking, and internet fraud. Any results portrayed here were dependant on the facts of that case and the results will differ if based on different facts.
HIRE A LOCAL CRIMINAL DEFENSE ATTORNEY!
PLEASE CALL FOR A FREE CONSULTATION - REASONABLE FEES
PLEASE CALL US IMMEDIATELY!
OUR 24-HOUR PHONE NUMBER IS 702-464-6007
|
