Federal criminal charges are different than charges in state court. If you are facing federal charges, you need know what these differences are, and you need to hire an seasoned attorney with federal court experience. Attorney Ramon A. Moore has the experience and skill to defend you against federal charges. Call us immediately at 312.332.5134.
About Federal Crime or Offense
In the United States, a federal crime or federal offense that is made illegal by U.S. federal legislation. Prosecution happens at both the federal and the state levels (based on the Dual sovereignty doctrine); thus a “federal crime” is one that is prosecuted under federal criminal law, and not under state criminal law. Some crimes are listed in Title 18 of the United States Code (the federal criminal and penal code), but others fall under other titles.
Numerous federal agencies including the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation, the U.S. Immigration and Customs Enforcement, the Internal Revenue Service, and the Secret Service have been granted the authority to investigate federal offenses.
Other federal crimes include:
- Aircraft Hijacking
- Art Theft from a Museum
- Assassination, Assassinating or Attempted Assassination of the President or Vice President
- Bank Robbery
- Carjacking
- Child Pornography
- Credit Card Fraud
- Computer Crimes
- Counterfeiting
- Damaging or Destroying Public Mailboxes
- Federal Hate Crimes
- Identity Theft
- Illegal Wiretapping
- Immigration Offenses
- Kidnapping
- Mail Fraud
- Obscenity
- Tax Evasion
- Violations of the Espionage Act
- Violations of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO)
- Violations of the Patriot Act
In drug-related federal offenses, mandatory minimums can be enforced if federal law is implicated, when a defendant manufactures, sells, imports/exports, traffic, or cultivate illegal controlled substances across state boundaries or national borders.[citation needed] A mandatory minimum is a federally regulated minimum sentence for offenses of certain drugs.
Prosecution guidelines are established by the United States Attorney in each federal judicial district and by laws that Congress has already established.
Federal Criminal Process
Federal rules for criminal cases can be found in the Federal Rules of Criminal Procedure, which govern all aspects of criminal trials. The steps listed below are not exhaustive. Some cases will be much simpler, and others will be more complex.
Examples of important steps in the federal criminal process:
- Investigation
- Charging
- Initial Hearing/Arraignment
- Discovery
- Plea Bargaining
- Preliminary Hearing
- Pre-Trial Motions
- Trial
- Post-Trial Motions
- Sentencing
- Appeal