Federal crimes are usually investigated by agents of the FBI, DEA, ATF, Secret Service and IRS. So if someone from one of those agencies has contacted you, it is likely that you are being investigated for a federal crime. Sometimes local police work along with federal agents, too, so this isn’t the only way to tell. 

Federal crimes are prosecuted by an assistant United States attorney. If you have been indicted or received a summons from a U.S. District Court, it is a federal matter. In addition, some crimes can start in state court and then transfer over to the federal court. The crimes typically consist of a set of numbers and letters, for example: 21 USC or 18 USC. Our experience has helped steer a few clients clear of the feds taking a case against our clients.

There are many potential pitfalls to communicating with federal agents or testifying before a federal grand jury. Sometimes it is the best thing to do, but before you make that decision, you should have a wise, experienced federal criminal defense lawyer advise and counsel you on the decision. Doing so helps assure that you make the best decision for you, your business and your family. We are here to advise you of the advantages and disadvantages in doing so, and in some cases, attorney Ryan Pacyga has been able to obtain immunity for clients who decided to provide information during an investigation and avoid an indictment for them. 

We commonly handle conspiracy to distribute narcotics and controlled substances, possession of narcotics and controlled substances, firearms violations such as felon in possession of firearm, wire fraud, mail fraud, murder, bank robberies or Hobbs Act, child pornography, and other fraud. 

One of the biggest differences between federal and state charges is the sentencing exposure that you face. There are large mandatory minimums that are quite common in federal cases, as well as the federal sentencing guidelines, which are typically much more severe than state crime sentences. Also, conspiracy charges are very common in federal cases whereas state cases typically do not charge conspiracy. 

Typically, you’ll deal with either the FBI, the DEA, IRS criminal investigators, or the Secret Service. There can also be state-level investigators that are put on certain teams, which are comprised of state investigators, but the cases are prosecuted by the U.S. Attorney’s Office. 

There are certain classifications that the federal guidelines use for people being investigated and those are called a “subject” of an investigation or a “target” of an investigation. The United States Attorney’s Office uses those terms and they guide how they investigate someone. This can be a dangerous area because you could start out as only a “person of interest” or a witness. Unknowingly, you can develop into a “subject” or “target,” or even be charged with a federal crime. At a minimum, it’s best to consult with an attorney before you talk with any criminal investigators, even if you think you’re only a witness. You could think that you’re safe and then find out later that you’re not, and talk yourself into being indicted or charged for a federal crime. It is safest to get advice from a lawyer first and then you can determine if you really need to hire one or not. 

Federal investigators are allowed, under the law, to use deception and not to be honest while they’re interviewing you. Sometimes, they’ll be very frank with you and other times they will not. It is important to hire an experienced criminal federal defense attorney, who can tell you what might be going on behind the scenes. 

There are two ways to be charged with a federal crime. One is by complaint and the other way is by indictment. It’s more common to be charged with an indictment, where a grand jury has already determined that there is probable cause to charge you or indict you with federal crimes. Once you are charged or indicted, unless you already have a lawyer, you’re going to be arrested by the United States Marshals and brought before a magistrate judge. That judge will then determine whether you should be held in detention or should be released. 

In state court, you can usually bond out. In federal court, it’s not that simple. A judge will make a determination of whether you should be held in jail during your whole case or whether you should be released with certain conditions.  

For more information on common federal crimes in Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  612-474-9824 today. You can also use our online contact form. We are here to help. 

Click here to read more about criminal defense. 

Every situation is unique and every case is unique. There are times when it’s absolutely advantageous to work with federal authorities and there are times when that can be very harmful to your situation. What is most helpful is to have an experienced federal criminal defense lawyer who knows how to work through each case and can have a dialogue with the U.S. attorney to determine what your exposure is, and try to broker a cooperation agreement. There are times when it’s not a good idea to cooperate but later, it becomes a good idea, and vice versa. There are times when it’s best to remain silent the entire time. Ultimately the decision will be yours, but having a lawyer who is routinely in federal court can make a big difference for you. 

There are two things you have to consider when you’re looking at being sentenced. One is mandatory minimum sentences, which are more powerful than the sentencing guidelines. For example, let’s say the sentencing guidelines may recommend a sentencing range of 60 to 75 months. If your crime has a  but you may be facing a mandatory minimum of 120 months, the judge must give you the 120 months UNLESS you can use a loophole in the law, such as a safety valve of substantial assistance for example. Even though your guidelines are lower, the mandatory minimum sentence would govern and would require you to be sentenced to 120 months. Other times, there is no mandatory minimum and the sentencing guidelines are where the judge will begin their analysis of how you should be sentenced. 

The sentencing guidelines are now only advisory and a judge is free to sentence within that range or lower, unless there is a mandatory minimum. The guidelines use your criminal history score as a horizontal axis. The more trouble you’ve been in, the higher your score. On the vertical axis is the base offense level. You line up the horizontal axis and the vertical axis and you get to a box that has a range that a judge begins to look at as a suggestion for where your sentence should be. However the sentencing guidelines are complex, so be sure to have an experienced federal criminal defense attorney. One mistake in calculating the guidelines can lead to several extra years in prison. 

Every case is unique. Sometimes, plea bargains are the best you’re going to do. Other times, the plea bargain you’re offered is nowhere near what a good lawyer could get for you. Sometimes, we can fight the case and have a suppression hearing. If we succeed on that, the whole case may be thrown out. Of course, you always have a right to trial. In order to be found guilty, all 12 jurors must unanimously agree, beyond a reasonable doubt, that you’re guilty. A plea offer is not always a good idea because you may either get a better offer or be able to go to trial and beat the case. 

Federal cases are much more complex than the average state criminal case. Of all the criminal defense lawyers in the nation, only about 25 percent a small percentage of us routinely handle federal criminal defense cases. The stakes are much higher,  and the laws are much more complex, and it’s generally harder than state court. It is akin to whether you would need a regular doctor for a heart problem versus a cardiologist. You would want to go to a cardiologist if you have a complex heart issue. The same would be true if you have a federal criminal case. There is so much at stake that you would want to make sure you’re hiring a lawyer who is very experienced in federal court and knows the unique tendencies of each of the judges and the federal prosecutors well. 

For more information on working with federal authorities in a case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 612-474-9824 today or using our online contact form. 

Click here to read more about criminal defense.