Federal criminal defense requires a detailed knowledge of federal laws and how those laws are handled in court. Federal court has its own types of cases, rules, and procedures and they are often different than those of state court.
The federal government can bring its mighty power to bear against a defendant, who is often frightened when they find they are either under investigation for are being charged for a federal crime. When you are charged with a federal offense, you need an attorney who is not only admitted to practice in the United States District Court where you are charged, but who is ready to take on the combined knowledge and skill of the United States attorneys.
Federal Indictment: A First Step
Most federal criminal proceedings begin with either an arrest or a federal indictment. An indictment is like a warrant for an arrest. Federal indictments are obtained when a federal prosecutor presents evidence to a grand jury specially convened to hear that evidence.
In order to obtain an indictment, the grand jury must find that there is probable cause to bind the defendant over for trial. Probable cause is a lower burden of proof than that used in criminal trials, which usually require a showing of beyond a reasonable doubt.
Federal Jurisdiction
A crime falls under federal jurisdiction when that the crime occurred on federal or Indian land, involved federal officers, the defendant crossed state lines such as in a kidnapping, the crime occurred across state lines such as involving the internet, it involved immigration, or involved particular federal regulations such as firearms regulations.
Federal courts handle matters that are exclusively under federal law such as interstate commerce, copyright, patent, antitrust, and some maritime matters. In those cases, federal law will always prevail.
But federal and state courts also have laws over some very similar areas such as sex offenses, child pornography, and fraud. In that case, there may be a conflict over law and jurisdiction. This concept is called dual sovereignty. In these cases, either the federal government or the state will defer to the other in terms of prosecuting a crime.
Federal crimes are investigated by federal agencies such as the FBI, the DEA, ATF, ICE, or the IRS. These investigators work closely with federal prosecutors in gathering evidence and building a case against a defendant. The federal prosecutor then decides what charges to bring.
Here, a Tulsa federal criminal defense attorney can help. Your attorney can work with federal prosecutors even at the early stages of an investigation to better preserve your rights and freedom.
Federal Grand Jury Target Letters
Federal prosecutors have many tools available to them, including the grand jury target letter. This is a letter that a federal prosecutor sends out to the target of an investigation. It tells the recipient of the letter that they are under investigation for having violated one or more federal crimes. Prosecutors do not send these letters out unless they believe that there is a good chance that the target will be indicted for the crimes under investigation.
A target is a person whom the prosecutor or grand jury believes has substantial evidence linking him or her to the commission of a crime and who may be regarded as a potential defendant. If you or a loved one have received a federal grand jury target letter in Tulsa, you need immediate legal help.
Typical Types of Federal Crimes
Drugs
It is a federal crime to possess, use, or distribute illegal drugs. However, while simple possession of an illegal drug is now a misdemeanor in Oklahoma, simple possession in a federal court can result in up to a year in prison and a fine of up to $1,000 for a first offense. 21 US Code § 844
A second conviction can result in up to two years in prison and up to $2,500 in fines. Federal law provides for enhanced prison terms of the possession of certain substances such as flunitrazepam, a powerful hypnotic drug often used in date rape.
Federal drug trafficking is defined as manufacturing, possessing with the intention to dispense, manufacturing, or distributing any amount of an illegal drug. Penalties for drug trafficking convictions depend on the type and amount of drug involved and can run from five years to life imprisonment. 21 US Code § 841
Firearms
Federal law prohibits certain people from legally possessing firearms, such as: felons; drug users or addicts; a person subject to a domestic restraining order or who has a prior conviction for domestic assault; illegal aliens and aliens who have been lawfully admitted under non-immigrant visas; fugitives from justice; and anyone who has been dishonorably discharged from military service. Illegal possession can result in prison terms of up to 10 years. 18 US Code § 922
Federal firearms violations are often coupled with violations of other federal laws. For example, firearms violations are often coupled with drug possession and trafficking charges. When coupled with either a drug felony or in the furtherance of another violent crime, an offender could face anywhere from five years in prison to life in prison without parole or the death penalty if a death occurs as a result. 18 US Code § 924
Immigration
Immigration violations include everything from illegal entry into the United States to attempted entry to eluding immigration officers. These cases are misdemeanors and are punishable by fines and imprisonment — up to six months for a first offense or up to two years for a subsequent conviction. 8 US Code § 1325
Green card marriages are also illegal, but the penalties are stiffer. If you knowingly enter into a green card marriage, you are in essence, lying to the government. And if caught, you could face up to five years in prison and a fine up to $250,000.
Federal White Collar Crimes
Federal white collar crimes cover a lot of ground. White collar crimes are generally non-violent in nature and tend to involve illegally obtaining money or property. The FBI usually investigates these crimes, which can include: fraud, identity theft, Ponzi schemes, public corruption, and money laundering. These crimes carry stiff penalties.
Post-Conviction Relief
Even after a defendant is convicted of a federal crime, there are avenues of relief that can be sought with the help of an attorney. The first is a direct appeal, and the second is post-conviction relief. They are different and both have their place.
An appeal can be filed on the basis of any non-harmless legal error made in associated with the trial. It is limited to the trial record itself.
A motion for post-conviction relief is used when the error is more egregious, such as with a constitutional or jurisdictional error. This type of motion functions more like a post-trial motion. It is filed with the trial court, not the appeals court, and is not a substitute for an appeal. It can provide relief for a defendant when an error at trial prevents the defendant from having a fair trial. A motion for post-conviction relief can even be filed after a direct appeal has failed.
You never want to face federal charges without getting the help you need. Talk to a Tulsa federal criminal defense attorney today.
Free Consultation: Federal Criminal Defense in Tulsa
Get the help you need. It’s time to retain a Tulsa criminal defense lawyer who is knowledgeable regarding federal law and procedure and who will look out for your legal interests. Contact a Tulsa criminal attorney at Tulsa Criminal Defense Law Firm today for a free, confidential consultation.
A Tulsa defense attorney can advise you on how the process works and offer answers to your specific questions. To begin your free consultation, call 918-256-3400 now.