Pembroke Pines Federal Defense Lawyer
Trust our 35+ years of experience when your freedom’s at stake
Facing a federal charge is a process that requires an attorney who is qualified to take on the federal criminal justice system. Criminal defendants who are charged with a crime in the federal court system have their cases prosecuted by some of the top prosecutorial attorneys in the nation. Federal judges, who must be appointed by a U.S. president, are also among the most highly esteemed legal professionals in the country. Even the law enforcement agencies that investigate federal crimes are known around the world for taking down some of the most notorious criminal enterprises. Prosecutors in the federal criminal court system have a collective conviction rate that exceeds 90 percent. To even the odds, people who are charged with a federal crime need the legal expertise of a seasoned federal defense lawyer. Joffe Law represents people who have been charged with a federal crime in Pembroke Pines. Contact us if you need a dedicated Florida federal criminal defense lawyer.
Why the federal conviction rate is so high
The primary reason the federal conviction rate is so high lies in a process that is known as plea bargaining. Prosecutors often offer deals to federal defendants that require the defendant to plead guilty of a lesser offense in exchange for foregoing a trial at which the defendant may be convicted for a more severe charge. Plea deals can be advantageous to defendants who are guilty of the offense as charged and are almost certain to be convicted at trial. However, with the right attorney, many defendants can take their case to trial and achieve a better outcome. Federal prosecutors sometimes lack sufficient evidence to prove the defendant’s culpability beyond a reasonable doubt. In other cases, there may be serious legal issues with the evidence that may result in the prosecution’s strongest evidence being thrown out.
Before accepting a plea deal, federal criminal defendants should consult a reputable Pembroke Pines federal defense attorney. Prosecutors work for the government. Therefore, they do not have the responsibility of advising a defendant of his or her best options in a criminal case. Defendants who have been charged with a crime in Pembroke Pines FL need the advice and advocacy of an experienced, trustworthy Florida federal defense lawyer.
Federal charges vs. state charges
Many of the crimes that are prohibited by state law are also illegal under federal law. Although most offenses are prosecuted in state court, there are certain circumstances that automatically implicate federal jurisdiction. An individual may be charged in federal criminal court if his or her case involves:
- an element that occurs in the stream of interstate or international commerce
- an element that involves a federal agency
- an element that involves federal government property
- an element that involves a U.S. territory
Individuals who are charged with state and federal offenses may face two separate criminal cases in two separate venues. In addition to preparing for two trials, defendants who are charged with both state and federal crimes may also be convicted and sentenced for each set of crimes in each respective court. In some cases, the grounds for federal jurisdiction may be questionable. Your federal defense lawyer may be able to challenge the basis for federal jurisdiction in your case.
Do not say anything that might incriminate you. Speak with an attorney first.
Common federal offenses in South Florida
South Florida has its share of certain types of crime. Miami ranks among the U.S. cities that report the highest rates of human trafficking. Illegal drug trafficking organizations in South America and the Caribbean Islands favor South Florida as a major hub for trafficking drugs into the United States. Florida’s hot real estate markets make the state a land of opportunity for fraudsters who operate mortgage fraud schemes. The state’s substantial population of elderly people who have large amounts of disposable income are vulnerable to scams. Federal crimes occur in Pembroke Pines and communities across Florida every day. Some of the most common federal offenses we see involve:
- drug trafficking
- white collar crimes
- sex crimes
We represent Pembroke Pines FL residents in a variety of federal offenses. Contact us if you have been charged for a federal crime in Florida.
Pembroke Pines drug trafficking defense
The federal drug trafficking statute broadly includes a variety of different crimes under a single statute. Federal law defines drug trafficking as the illegal transportation or transacting in controlled substances. Under federal law, drug trafficking includes:
- selling drugs
- transporting drugs
- importing drugs
- cultivating drugs
- manufacturing drugs
- distributing drugs
- selling drugs
Federal drug crimes often carry mandatory minimum sentences. Mandatory minimum sentences require judges to automatically sentence a convicted defendant to a minimum amount of time in prison. Although the judge is required to impose the mandatory minimum sentence, mandatory minimum sentencing guidelines still permit judges to sentence convicted defendants up to the applicable maximum sentence for the offense. Our Florida Pembroke Pines drug defense lawyer is well-versed in federal drug offenses and mandatory minimum sentencing guidelines.
White collar charges in Pembroke Pines FL
White collar crimes are generally financial in nature. Traditionally, white collar criminal offenders were thought of as government workers and corporate employees who participate in illegal schemes that involve their occupations. Today, a white collar offender can come from any occupational background. Some examples of white collar crimes include:
- fraud
- racketeering
- Ponzi schemes
There are seemingly endless variations of different types of white collar offenses. Although some white collar crimes are as old as human civilizations, the ways in which white collar criminals commit white collar offenses continues to evolve.
PEMBROKE PINES FRAUD CASES
Fraud generally refers to any deceptive scheme an offender advances with the intent to receive money, goods, services, or anything that is of value. Under Florida law, fraud is formally referred to as a “Scheme to Defraud.” Florida law classifies fraud into two main categories: communications fraud and organized fraud. However, under federal law, there are several statutes that specifically address different types of fraud. Specific examples of types of fraud include:
- bank fraud
- mortgage fraud
- Medicare fraud
The term “bank fraud” refers to a deceptive scheme that involves any financial institution even if the institution is not technically a bank. Frauds that involve financial institutions may target the financial institution, banking customers, or a business of any size. Some examples of bank fraud include:
- credit card fraud
- wire transfer fraud
- ATM skimming
Mortgage fraud occurs when someone intentionally behaves deceptively during the mortgage loan process. White collar criminal cases that involve mortgage fraud are categorized as fraud for profit or fraud for housing. Fraud for profit occurs when real estate industry insiders collude for the purpose of receiving an illegal profit in a real estate transaction. For example, a real estate agent and a real estate appraiser may collude to artificially inflate the value of a property. When an interested buyer makes an offer based on the inflated price, the agent and the appraiser will work with the mortgage lender to get the loan approved for the price that is based on the inflated value. When the buyer closes on the transaction, the agent, the appraiser, and the mortgage lender divide the illegal profit.
Fraud for housing occurs when someone intentionally provides false information on a mortgage loan application. People who provide false information on a mortgage loan application typically falsify:
- the applicant’s employment details
- the applicant’s assets
- the applicant’s name
- other personal details
The objective behind fraud for housing is most often to get approved for a mortgage loan for which the applicant may not otherwise be approved, getting a better rate on a mortgage loan, or getting approved for a higher loan amount. Real estate investors engage in fraud for housing when they use straw buyers. Banks are inclined to extend more favorable financing terms to mortgage loan applicants who are purchasing a property for use as a personal residence. A straw buyer fraudulently claims that he or she plans to purchase a property for use as a personal residence when applying for a mortgage loan. In reality, the straw buyer is applying for a mortgage loan to purchase a property on an investor’s behalf. When the straw buyer is approved for the mortgage loan, he or she immediately transfers the property to the investor after closing on the purchase transaction.
The federal government operates the Medicare program in cooperation with state governments as a healthcare insurance program for seniors and people who have certain medical conditions. Individuals may be implicated in Medicare fraud schemes, but medical services providers and companies that make medical products and supplies are most often the culprits in Medicare fraud schemes in Pembroke Pines and across the country. Some of the most common strategies Medicare fraudsters use to receive illegal payments from the Medicare program include:
- upcoding – charging more than the normal price for a product or service
- phantom billing – billing for a product or service a Medicare patient never received
- double billing – billing multiple times for a service a patient received only once
- unbundling – charging for each part of a procedure that would normally billed all together as one service
No matter what type of fraud case you may be facing in Pembroke Pines, you need a Florida fraud defense attorney. Contact us to learn more about the types of fraud cases we handle.
FEDERAL RACKETEERING CASES IN FLORIDA
The federal government prosecutes racketeering through the Racketeer Influenced and Corrupt Organizations (RICO) Act of 1970. Florida was among the first few states to enact its own state level RICO statute, which largely mirrors the federal law. Under the federal RICO law, prosecutors must prove a defendant is involved in a criminal enterprise and engaged in a pattern of racketeering. To establish a pattern of racketeering, the prosecution must prove the defendant committed at least two offenses that are included in the federal racketeering statute’s list of offenses that meet the definition of “racketeering activity.”
South Florida Ponzi schemes
South Florida is full of people who are looking to invest their money. To the everyday person who is looking to invest, Ponzi schemes often look like the best-kept secret in finance. People who operate Ponzi schemes generally promise unusually high rates of return with minimal risk. In the beginning of the scheme, Ponzi schemers may provide victims with statements that appear to show the victims’ investments earning a profit as promised. Victims may even be permitted to make withdrawals from the fake profits. Eventually, the schemer cuts off communication with the victims, and the victims realize they are unable to get their money back. People who are convicted for Ponzi schemes may be sentenced to prison time, and, if possible, their assets may be seized and liquidated to pay restitution to the victims.
Pembroke Pines federal sex crimes defense
A wrongful sex crimes accusation can come about in unexpected ways. For example, in a sex crimes case in which the victim is unable to identify the offender, the investigation may include several persons of interest before the police narrow their focus to one suspect. Regardless, being named in a sex crime investigation can affect the accused party’s reputation.
If you have been named in a rape, sexual assault, or child pornography investigation, your first step should be to consult a qualified federal sex crimes defense lawyer who handles cases in Florida. A Pembroke Pines federal sex crimes defense attorney may be able to protect your reputation while defending you against very serious charges. We specialize in representing defendants in sex crimes cases in Pembroke Pines and surrounding areas.
Pembroke Pines federal defense attorney
The stakes in federal criminal cases are too high for defendants to entrust their cases to an attorney who does not have the time, resources, and professional network to allocate to a federal criminal case. Contact the professional team at Joffe Law to learn more about our track record in federal defense cases in South Florida. If you are seeking immediate legal representation, a member of our team will conduct a case evaluation.