Homestead Federal Defense Lawyer

Common federal charges in Homestead

We represent civilians and members of the armed forces in a variety of federal criminal matters. Some of the most common federal cases we see in Homestead involve:

• drug offenses
• white collar offenses
• child pornography
• other sex crimes

No matter what type of criminal charge you are facing, retaining effective legal counsel as early as possible may benefit your case substantially. Our team will review your case and determine how we can help.

Homestead FL drug defense lawyer

Drug offenses are the most common crimes throughout South Florida and among members of the military and civilians who work for the military. In the past, a small number of service members have behaved criminally by using the military’s infrastructure to facilitate drug trafficking. Moreover, Florida is an important hub for many international drug trafficking organizations. Therefore, it is not uncommon for everyday people to know or to be affiliated with someone who is involved in illegal drug-related activity. The federal government intensely investigates and prosecutes drug offenses. If you are accused of a drug-related offense, a Florida drug defense lawyer can protect your constitutional rights and help you navigate the military and civilian federal court systems.

FEDERAL DRUG TRAFFICKING CASES IN FLORIDA

Federal law defines drug trafficking as selling, providing, delivering, or otherwise distributing an illegal controlled substance. Under federal law, an individual may also be charged and convicted for trafficking an illegal substance if he or she possesses the substance in an amount that is greater than or equal to the statutory minimum threshold quantity. Some examples of minimum threshold quantities are:

• 1,000 kg or more of marijuana
• 5 kg or more of cocaine
• 1 kg or more of heroin
• 280 g or more of crack
• 100 g or more of pure PCP
• 50 g or more of pure methamphetamines or 500 g of meth mixture
• 10 g or more of LSD

MANDATORY MINIMUM SENTENCING IN FEDERAL DRUG CASES

Drug trafficking, drug possession, and illegal drug manufacturing often have mandatory minimum sentences under federal law when larger drug quantities are involved. Federal mandatory minimum sentencing guidelines require judges to automatically sentence convicted defendants to a minimum amount of time in federal prison or impose a minimum fine. Critics of mandatory minimum sentencing argue the policy eliminates federal judges’ ability to exercise their own judicial discretion in cases that require a different approach to sentencing. In cases that meet certain requirements, judges may be able to deviate from the specified mandatory minimum sentence for an offense.

Homestead white collar crimes

White collar offenses were once thought of as crimes that government workers and people who worked in corporate positions committed for financial gain and influence. Today, a white-collar criminal can be from any vocational background, including members of the military. You may be surprised to learn that a person doesn’t have to be a major actor in a lucrative criminal scheme to be charged with a white-collar offense. Some examples of white-collar crimes include:

• various types of fraud
• Ponzi schemes
• embezzlement
• bribery

People who are in close proximity to white collar criminals may also find themselves under federal criminal investigation. For example, criminal enterprises often conduct financial transactions with other people and small businesses, or they may even employ people to work for the enterprise. It is not uncommon for the people who are closest to white collar crime to be unaware of the criminal activity. The best way to protect yourself from potential criminal liability for someone else’s white-collar criminal activity is to retain a qualified Homestead federal defense attorney as early as possible.

HOMESTEAD FL FRAUD DEFENSE

Fraud generally refers to a deceptive scheme that is motivated by the desire to obtain an illegal financial benefit or someone else that is of value. Some of examples of types of fraud cases in Homestead and surrounding communities are:

• Bank fraud
• Medicare fraud
• PPP loan fraud
• Mortgage fraud

Bank fraud, PPP loan fraud, and mortgage fraud are most often federal offenses because they involve transactions that are governed or regulated by federal agencies. Therefore, even if an offense may appear to only occur within the jurisdiction of one state, the case may involve an element that invokes federal jurisdiction.

FEDERAL CHARGE FOR FLORIDA PONZI SCHEMES

Most people want to learn how to grow their money. Ponzi schemes commonly prey on people who are looking for investment opportunities. The schemer may be a credentialed finance professional. However, the investment opportunity the schemer presents is fake. Investors are drawn in by promises of low risk and an exceptionally high rate of return. The person or group that operates the scheme may even maintain an office and hire employees to create the appearance of a legitimate investment opportunity. People who are early victims of the scam may receive what appears to be a return on their investment. These people are more likely to recruit other people to become victims of the scam. Eventually, the fraudster disconnects his or her phone number and closes the email account the victims may have been using to make contact. The schemer may also leave town. After the victims realize they are unable to locate the fraudster, they discover the investment product was fake.

FEDERAL EMBEZZLEMENT CASES

Embezzlement is a very specific type of theft. Federal case law defines embezzlement as “the fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come.” Embezzlement differs from other types of theft in that the defendant’s initial access to the property was lawful or with the owner’s consent. To establish a charge of embezzlement in federal court, a prosecutor must prove all of the following:

• there was a trust or fiduciary relationship between the defendant and a private organization or state or federal government agency
• the property came into the possession or care of the defendant by virtue of his or her employment
• the defendant’s dealings with the property constituted a fraudulent conversion or appropriation of it to his or her own use
• the defendant acted with the intent to deprive the owner or the use of the property

The penalty for federal embezzlement depends on the value of the property that is the subject matter of the case. If the property is valued at less than $1,000, the penalty is up to one year in federal prison. However, if the property is valued at $1,000 or more, the defendant may be sentenced to up to 10 years in federal prison.

FEDERAL BRIBERY CHARGES

Bribing a public official is a criminal offense. These cases most often involve the offer or exchange of a gift or money with the intent to gain influence with the official. Under federal law, the person who offers the bribe and the person who accepts the bribe may be charged criminally. Bribery is often difficult to prove because a prosecutor must establish a link between the exchange of the gift and illegal influence over the recipient.

Federal child pornography offenses in homestead

Child pornography offenses are most often done in secrecy, but they are heavily penalized when they come to light. Even allowing someone to borrow your laptop or other device can result in you being charged with a federal child pornography offense if the other person accesses sexual images of anyone who is younger than 18. Federal law prohibits:

• the possession of child pornography
• the act of accessing child pornography
• the production of child pornography
• the promotion of child pornography
• the transmission of child pornography

An unintentional act like receiving a sexual image in a text message from someone who is younger than 18 may result in the recipient being charged with a federal child pornography offense. Your Homestead federal defense lawyer can advise you if you have been accused of a child pornography-related crime in Florida.

Homestead FL sex crimes defense attorney

The manner in which the military handles sex offenses changed in 2023. Instead of remaining within the accused party’s chain of command, sex offense cases within the military are now handled by the Offices of Special Trial Counsel. It is also important to note that sex offense cases that involve civilians are federal offenses if the case involves a military base or other federal government property or a federal employee. If you have been accused of a sex crime, consult an attorney who is well-versed in the UCMJ and in the civilian federal court system.

Homestead military defense lawyer

We encourage you to exercise your right to hire a knowledgeable civilian federal defense attorney in Florida if you are facing a federal charge in Homestead. Joffe Law is a trusted federal defense law firm in South Florida. Contact us today to learn more about the types of cases we handle or to receive a case evaluation.