Facing federal charges is a serious matter that calls for prompt legal guidance. Being charged with a federal crime can be overwhelming, and the federal justice system is complex.
If you find yourself in this situation, it is important to understand your rights and take the necessary steps to protect yourself. Here we discuss what to do if you are charged with a federal crime, including the importance of seeking legal representation, understanding the charges against you, and preparing for the legal process ahead.
If you are facing federal charges, don’t wait to seek legal help. Our team of Columbia federal criminal defense lawyers is here to talk with you about your case. Call (803) 879-4499 today to schedule a free consultation and learn about your options in the federal system.
Understanding Federal Charges
Federal charges are offenses against the laws of the United States, and the federal district courts have jurisdiction over them (18 U.S.C. § 3231). That statute does not take away the jurisdiction of state courts under state law, and the same conduct can sometimes be prosecuted by both the state and the federal government (Gamble v. United States, 587 U.S. 678 (2019)). Understanding what constitutes a federal crime is essential for anyone facing such charges.
Common examples of federal crimes include drug trafficking (21 U.S.C. § 841), fraud (18 U.S.C. § 1343), theft or embezzlement of federal property (18 U.S.C. § 641), firearms offenses (18 U.S.C. § 922), immigration offenses (8 U.S.C. § 1324), and computer crimes (18 U.S.C. § 1030).
Being charged with a federal crime can have serious consequences, including a prison sentence, fines, and a criminal record. Each statute sets its own maximum penalty, and some offenses carry a mandatory minimum. An individual convicted of a felony may be fined up to $250,000, or the greater amount stated in the law that defines the offense (18 U.S.C. § 3571). It is important to seek legal counsel promptly if you are facing federal charges so that you understand your rights and your options.
Immediate Steps to Take After Being Charged
When facing charges for a federal crime, it is important to remain calm and take immediate steps to protect your rights. Here is what you should do:
- Exercise Your Rights: You have the right not to be compelled to be a witness against yourself (Fifth Amendment) and the right to the assistance of counsel (Sixth Amendment). At your first court appearance, the judge must tell you about your right to retain counsel or to request appointed counsel, and about your right not to make a statement and that any statement you make may be used against you (Fed. R. Crim. P. 5(d)). When law enforcement officers or investigators question you, say clearly that you are choosing to remain silent and that you want a lawyer. An ambiguous statement may not require officers to stop questioning (Berghuis v. Thompkins, 560 U.S. 370 (2010)). Anything you say can be used against you in court.
- Seek Legal Counsel: Contact a federal criminal defense attorney as soon as possible. Your attorney can advise you, represent you throughout the legal process, and work to protect your rights. If you cannot afford a lawyer, federal courts have plans to appoint counsel for financially eligible people charged with a felony or a Class A misdemeanor (18 U.S.C. § 3006A).
By exercising your right to remain silent and seeking legal counsel, you can avoid inadvertently incriminating yourself and begin preparing a response to the federal charges you are facing.
Why You Need Legal Representation for a Federal Charge
Hiring a defense attorney is important if you are facing federal charges for several reasons:
Knowledge of Federal Law and Procedure
Federal criminal law differs from state law. A federal defense attorney should know federal statutes, the Federal Rules of Criminal Procedure, and federal court practices, which helps them explain the process and your options.
Strategic Defense Planning
Federal cases often involve investigations by federal agencies such as the FBI, DEA, or IRS. A defense attorney can review the evidence, look for weaknesses in the government’s case, and plan a defense tailored to your circumstances. They can challenge the government’s evidence, file pre-trial motions to suppress evidence or dismiss charges (Fed. R. Crim. P. 12(b)(3)), and discuss plea agreements with prosecutors where appropriate.
Protection of Rights
When facing federal charges, your constitutional rights must be protected at every stage of the legal process. A defense attorney can help ensure that your rights are respected, including your right to due process, your right to remain silent, and your right to a trial by an impartial jury. They can also advise you on how to interact with law enforcement and federal investigators.
Advocacy in Court
In federal court, a defense attorney can present arguments on your behalf, cross-examine witnesses, and challenge the government’s evidence. Your attorney can also explain each stage of the case so that you can make informed decisions.
Sentencing Advocacy
If convicted of a federal crime, the potential penalties can be serious, including a prison sentence, fines, and restitution. At sentencing, the court considers the factors in 18 U.S.C. § 3553(a), including the nature and circumstances of the offense and the history and characteristics of the defendant, along with the applicable Sentencing Guidelines range, which is advisory (United States v. Booker, 543 U.S. 220 (2005)). A defense attorney can present information relevant to those factors and discuss charge and sentencing options with the prosecutor.
Overall, hiring a defense attorney is important for anyone facing federal charges, as they can protect your rights, explain the federal process, and advocate for you at each stage of the case.
How the Federal Court System Works
There are some key differences between federal and state court systems:
- Jurisdiction: Federal district courts have jurisdiction over offenses against the laws of the United States, and federal judicial power extends to cases arising under the Constitution, federal laws, and treaties, and to controversies between citizens of different states (U.S. Const. art. III, § 2). State courts have jurisdiction over violations of state law.
- Judges: Federal district judges are appointed by the President with the advice and consent of the Senate (28 U.S.C. § 133) and hold their offices during good behavior (U.S. Const. art. III, § 1). In South Carolina, circuit court judges are elected by the General Assembly for six-year terms (South Carolina Judicial Branch).
- Cases Heard: Federal courts primarily handle federal crimes and other cases within federal jurisdiction. State courts handle state criminal cases and other matters of state law.
- Appellate Process: A person convicted in federal district court in South Carolina appeals to the U.S. Court of Appeals for the Fourth Circuit, which covers South Carolina (28 U.S.C. § 41). The U.S. Supreme Court reviews cases at its discretion and only for compelling reasons, such as a conflict among courts of appeals or an important question of federal law that should be settled by the Court (Supreme Court Rule 10). In South Carolina state court, appeals from the circuit court generally go to the Court of Appeals (S.C. Code Ann. § 14-8-200), and the state Supreme Court may review a Court of Appeals decision by writ of certiorari (SCACR Rule 242).
Overview of the federal court process:
- Investigation: Federal law enforcement agencies such as the FBI, DEA, or IRS investigate alleged federal crimes and gather evidence to support a prosecution.
- Charging Decision: Federal prosecutors (Assistant U.S. Attorneys) review the evidence and decide whether to file charges. An offense punishable by imprisonment for more than one year must be prosecuted by indictment unless the defendant waives indictment in open court (Fed. R. Crim. P. 7). A grand jury decides whether to return an indictment (Fifth Amendment).
- Initial Appearance and Release: A person who is arrested must be taken without unnecessary delay before a magistrate judge, who advises the defendant of the charges and rights (Fed. R. Crim. P. 5). The judicial officer then orders that the person be released on personal recognizance or an unsecured bond, released on conditions, temporarily detained, or detained pending trial (18 U.S.C. § 3142).
- Arraignment: In open court, the defendant receives a copy of the indictment or information, the charge is read or its substance is stated, and the defendant is asked to plead (Fed. R. Crim. P. 10).
- Pre-Trial Proceedings: Discovery occurs, where the government discloses certain information to the defense (Fed. R. Crim. P. 16). Pre-trial motions may be filed, such as motions to suppress evidence or dismiss charges.
- Trial: If the case proceeds to trial, it is heard in federal district court. If the defendant is entitled to a jury trial, the trial must be by jury unless the defendant waives a jury in writing, the government consents, and the court approves, and a jury consists of 12 persons unless the rule provides otherwise (Fed. R. Crim. P. 23).
- Sentencing: After a conviction or guilty plea, a probation officer ordinarily prepares a presentence report for the court (Fed. R. Crim. P. 32(c)), and the judge imposes the sentence.
- Appeals: A defendant may appeal a final judgment (28 U.S.C. § 1291) and, in some cases, the sentence (18 U.S.C. § 3742). The notice of appeal is due in the district court within 14 days after entry of the judgment (Fed. R. App. P. 4(b)). The government may appeal certain rulings, such as an order dismissing an indictment or suppressing evidence, but not where the double jeopardy clause prohibits further prosecution (18 U.S.C. § 3731). Further review by the U.S. Supreme Court is at the Court’s discretion.
Understanding these differences and the federal court process can help individuals involved in federal criminal cases make informed decisions about their defense.
How to Build a Defense Against a Federal Charge
Building a defense against a federal charge begins with a comprehensive analysis of the charges, evidence, and circumstances surrounding the case. This involves reviewing every detail to identify weaknesses or inconsistencies in the prosecution’s case.
Legal research is important, including federal statutes, case law, and legal precedents relevant to the charges. This research can help identify potential defenses, such as lack of intent, mistaken identity, entrapment, duress, or constitutional violations. Entrapment, for example, concerns government agents who originate a criminal design, implant in an innocent person’s mind the disposition to commit a crime, and then induce its commission (Jacobson v. United States, 503 U.S. 540 (1992)).
Once potential defenses are identified, the defense team gathers evidence to support its theory of the case. This may involve collecting witness statements, alibi evidence, forensic analysis, surveillance footage, or expert testimony. If the government requests it in writing, the defendant must give written notice of an intended alibi defense within 14 days, or within the time the court sets (Fed. R. Crim. P. 12.1). Witness preparation is also an important part of trial preparation.
Pre-trial motions may be filed to suppress evidence obtained unlawfully or in violation of the defendant’s constitutional rights. Throughout the process, communication between the defense team and the defendant is essential to a defense tailored to the circumstances of the case.
How Do Plea Bargains Work in Federal Cases?
Plea bargaining in federal court is governed by Rule 11 of the Federal Rules of Criminal Procedure. The government’s attorney and the defendant’s attorney may discuss and reach a plea agreement, and the court must not participate in those discussions. If the defendant pleads guilty to a charged offense or a lesser or related offense, the agreement may provide that the government will not bring or will move to dismiss other charges, will recommend or not oppose a particular sentence (which does not bind the court), or will agree that a specific sentence is appropriate (which binds the court once it accepts the agreement).
The process begins with the defense attorney assessing the strengths and weaknesses of the government’s case. The attorney can then discuss the case with the prosecutor. Under Department of Justice policy, a federal prosecutor weighs considerations such as the nature and seriousness of the offense, the defendant’s history with respect to criminal activity, the likelihood of obtaining a conviction at trial, the probable sentence, and the interests of the victim (Justice Manual 9-27.420).
Defendants must weigh the potential benefits of accepting a plea deal, such as avoiding a trial and the uncertainty of a verdict, against the consequences of pleading guilty. Before accepting a guilty plea, the court must address the defendant in person and make sure the defendant understands, among other things, that trial rights are waived and that the court must calculate the Sentencing Guidelines range and consider it along with the other sentencing factors (Fed. R. Crim. P. 11(b)(1)).
Get Help From an Attorney for a Federal Charge
Being charged with a federal crime can be a daunting experience, but you have rights and options. Seeking legal representation from a federal criminal defense attorney can help you understand the federal court process and your options.
Whether you are considering a plea agreement or contesting the charges at trial, a defense attorney in Columbia can provide guidance at every step. If you or a loved one is facing federal charges, reach out to our law firm. Contact us today to schedule a consultation and learn about your options.
