Aventura Federal Defense Lawyer

How a criminal case becomes a federal matter

A case will be prosecuted in federal court if the federal government has jurisdiction. The federal government will typically have jurisdiction if:

• the crime occurred on federal property
• the crime involved a federal employee
• the criminal activity crossed state lines or an international border
• the agency that made the arrest is a federal law enforcement agency

We represent federal criminal court defendants in many different types of cases. Some of the most common types of cases we cover include:

• federal fraud
• white collar crimes
• RICO/Racketeering
• drug trafficking defense cases
• child pornography lawyer
• Federal appeals
• post-conviction relief

Federal agencies generally have more resources than local and state law enforcement agencies. Defendants who are charged in federal court require the assistance of an attorney who can successfully win a case against the federal government.

Federal criminal investigation in Aventura

Depending on the nature of a crime, one or more federal law enforcement agencies may investigate. Some agencies are automatically associated with criminal investigations in the mind of the average person. In the case of some other agencies, the general public might be surprised to learn the agencies conduct criminal investigations.

The Federal Bureau of Investigation (FBI) is perhaps the most widely known federal law enforcement agency. As the main investigative arm of the federal government, the FBI employs approximately 35,000 people. The FBI is charged with investigating all federal crimes that are not assigned by law to other federal agencies’ jurisdiction. Although the Bureau can investigate any potential federal case in the areas of criminal law, civil law, and national security, priority areas include:

• counterterrorism
• cyber crimes
• counterintelligence
• federal drug crimes
• financial crimes
• national and international organized crime

The FBI’s jurisdiction is broad. However, the Bureau often works with other federal agencies, state, and local law enforcement agencies to investigate crimes.

• Large-scale federal drug crimes are primarily investigated by the Drug Enforcement Agency (DEA). In addition to major drug operations, the DEA investigates drug cases that cross state and international borders. Approximately 10,000 employees work for the DEA worldwide. In addition to educating the public about drugs in the interest of preventing drug abuse, the DEA also has a division that focuses on law enforcement.
• Drug cases and firearms cases often go hand-in-hand. Most cases handled by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) are weapons cases. The agency was originally formed during Prohibition to handle alcohol cases that involved organized crime. When prohibition ended, the focus shifted to weapons offenses. Today, ATF still investigates the illegal trafficking of alcohol and tobacco.
• The Securities and Exchange Commission (SEC) was formed to regulate and investigate potential crimes that create risks for investors. Most crimes the SEC investigates are white collar finance-related offenses. Although the SEC can only bring civil actions against parties it finds to be in violation of the law, the agency can supply evidence to support other federal agencies in filing criminal charges.

The Department of Homeland Security (DHS) investigates domestic threats to national security. Homeland Security’s main tasks involve customs and immigration, border security, cyber security, anti-terrorism, and disaster prevention and management. Since the inception of DHS in 2002, a total of 22 agencies have been incorporated into the department including:

• The Coast Guard
• Secret Service
• Customs and Border Protection
• Immigration and Customs Enforcement (ICE)
• Transportation Security Administration (TSA)

If any representative from a federal law enforcement agency requests an interview with you regarding a crime, contact an attorney prior to speaking with the agency. Volunteering to give information without first consulting an attorney may put you at risk of incriminating yourself. An Aventura federal defense attorney can protect your constitutional rights during interactions with law enforcement officers.

Steps in the federal criminal court process

The steps in the criminal process differ slightly in federal cases. First, the prosecuting attorney has a different title. In state criminal cases, the attorney who represents the state is called a prosecutor or district attorney. The attorney who represents the government in federal criminal cases is referred to as a U.S. Attorney.

Federal felony cases require a grand jury indictment to charge someone who is suspected of a crime. Some, though not all, states require a grand jury indictment. Grand juries meet secretly and determine whether the government has enough evidence to constitute probable cause that a crime has taken place and to charge a defendant for the crime. Defendants may waive the right to a grand jury and have a judge decide probable cause at a hearing.

CHARGING PHASE

After the investigating law enforcement agency gathers evidence of a suspected crime, a federal prosecutor presents the evidence to a grand jury. The U.S. Attorney may call witnesses to testify in front of the grand jury in the process of outlining the potential case. The grand jury listens to the evidence presented and votes to determine whether there is enough evidence to charge the suspect. A grand jury consists of 16 to 23 people. At least 12 jurors must agree to issue an indictment and charge the individual suspected of the crime. If the jury issues an indictment, the suspect receives a formal criminal charge. In most cases, the investigating law enforcement agency will obtain a warrant and arrest the individual who has been indicted. However, in white collar cases, the government typically does not seek to arrest the indicted party.

DISCOVERY STAGE

The investigative work continues once the defendant has been arraigned and arrested. During the discovery stage, the prosecution shifts its evidence-gathering work from establishing probable cause to proving beyond a reasonable doubt that the defendant committed a crime. If a federal agency believes you may have a connection to a federal case, law enforcement officers may contact you for an interview. Even if you aren’t the defendant, you should always consult a federal defense lawyer before speaking with anyone who represents the government. Our Aventura federal crimes defense attorney is available to advise you and be present if a law enforcement agency has requested an interview with you.

PLEA BARGAINING

Oftentimes, when the government may offer a plea deal to avoid going to trial. Depending on the case, plea deals may benefit the defendant by reducing sentencing. However, the deal requires the defendant to plead guilty in front of a judge and agree to be sentenced for the crime. In exchange, the prosecution agrees not to recommend enhanced sentencing. Regardless, sentencing remains at the judge’s discretion. Therefore, a judge may still impose maximum sentencing for the offense if he or she chooses to do so.

Although defendants may only legally accept a plea deal if they actually engaged in the crime as charged, the American justice system is imperfect. Defendants are at risk of accepting plea deals without understanding their other options or knowing the potential outcomes. It is also possible for someone who has been accused of a crime to plead guilty to an offense they didn’t commit.

If you or someone you know has been offered a plea deal, never accept the offer without first speaking with your own private federal defense lawyer. Joffe Law will always look out for your best interest when the government wants to negotiate.

PRELIMINARY HEARING

When a federal criminal defendant pleads not guilty, the case proceeds to the preliminary phase. Next, the court may schedule a preliminary hearing. Preliminary hearings are not always required. Defendants have the option of waiving the hearing. At the hearing, prosecutors are required to show sufficient evidence to charge the defendant with a crime. For defendants who are in jail, the hearing must take place within 14 days of the initial court appearance. If the defendant is out on bond, the hearing must take place within 21 days of the initial appearance.

The preliminary hearing functions as an abbreviated version of a trial. The prosecution calls witnesses and may introduce evidence that is typically not admissible at trial. If the judge determines that is probable cause to charge the defendant, the case will proceed to trial.

PRETRIAL MOTIONS

Prior to going to trial, attorneys for the prosecution and defense may file pre-trial motions. A motion is a formal request for the court to decide a certain issue before the trial begins. Common pretrial motions are:

• motion to dismiss
• motion to change venue
• motion to compel

Only a judge can decide the outcome of a motion. Having a knowledgeable, experienced federal crimes defense lawyer enhances the likelihood of winning a motion in a federal case.

FEDERAL CRIMINAL TRIALS

Federal criminal trials are highly structured. Before opening statements begin, attorneys from the prosecution and defense will select the jury. Once the jury is set, the arguments may begin. Each side has the opportunity to present its case, ask questions of the opposing side, call witnesses, and make requests of the judge. At the end of the trial, the court will issue a verdict of guilty or not guilty. Prior to sending the jury to deliberate, the judge will read the applicable laws and give the jury instructions. Next, the judge dismisses the jury and sends the jurors to deliberate. After deliberating and arriving at a verdict, the jury will notify the judge. Upon returning to the courtroom, an appointed juror announces the verdict.

In its entirety, the federal trial process can be as short in duration as several days; however, it is not uncommon for trials to last several weeks and even several months. Our Aventura federal defense attorney will fight tirelessly to get justice on your behalf no matter how long it takes.

POST-CONVICTION

If a trial court convicts a defendant, post-conviction options may be available. The defense may file a motion to oppose sentencing or the trial court’s judgment. The most common post-trial motions are:

• Motion for a New Trial
• Motion for Judgment of Acquittal
• Motion to Vacate a Sentence
• Motion to Set Aside a Sentence
• Motion to Correct a Sentence

Post-conviction motions are just a few options defendants may have for relief if found guilty. Our team is highly experienced in working with defendants who have been convicted of a federal offense. We can review your case and help you explore your legal options.

Contacting an Aventura federal defense attorney

Don’t face a federal charge in Aventura alone. The professionals at Joffe Law, P.A. have the proven track record you need on your side if the federal government has accused you of a crime. We know the criminal court process well, and we will fight to protect your rights at each stage in the federal criminal court process. Our goal is to get you the best outcome possible in your case. Contact us today to receive a complimentary case evaluation.