Wynwood Federal Defense Attorney
Joffe Law, PA: Expert representation for tough criminal charges
Federal crimes generally have much higher stakes. They carry heftier fines and prison sentences. When preparing for a federal trial, defendants can expect to face some of the top judges and prosecutors in the country. When choosing a defense attorney for a federal case, you need a lawyer who has specialized experience in taking on the federal criminal justice system. Joffe Law, P.A. has represented Florida residents in federal criminal cases for more than three decades. Let a Wynwood federal defense attorney from our firm leverage his experience and expertise in your favor to help you prevail in your federal case.
How state charges become federal
Most criminal offenses are state charges. However, there are cases in which a defendant may be charged in state court, federal court, or both for charges that arise from the same incident. Some factors that automatically implicate federal jurisdiction are:
- elements in a case that occur within the stream of international or interstate commerce
- activity that occurs on federal government property
- activity that involves a federal government employee or foreign official
- activity that occurs in a U.S. territory
People who are charged in federal and state court may be convicted and sentenced separately in both venues. If you don’t understand why the federal government has jurisdiction over your case, immediately consult a Wynwood federal defense lawyer to receive a case review.
From investigation to indictment
In most of the major federal cases we hear about, the process begins with a thorough and often lengthy investigation. With a conviction rate that exceeds 90 percent, the federal government takes its time and carefully gathers evidence to build its case in criminal court. Some of the major federal agencies that conduct criminal investigations are:
- The Federal Bureau of Investigation (FBI)
- The Drug Enforcement Agency (DEA)
- The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
- The Department of Homeland Security (DSH)
- The United States Secret Service (USSS)
During the investigative stage, federal law enforcement agencies may conduct sting operations, interview persons of interest, and obtain warrants to search properties that may contain evidence of a crime. If an investigation results in the law enforcement agency finding probable cause to make an arrest, federal agents may arrest one or more people in connection with the case.
ARREST AND ARRAIGNMENT
When someone is arrested by a federal law enforcement agency, a federal prosecutor will study the information the federal law enforcement agency gathered. Based on the evidence, the prosecutor will decide whether he or she will present the case to a grand jury. Grand juries meet secretly and consist of approximately 16 to 23 impartial citizens. Attendance at grand jury proceedings is limited to the parties who are directly involved. The attendance list is so strict that witnesses who are compelled to testify at a grand jury proceeding must attend without their attorneys. If the grand jury decides that it collectively believes there is enough evidence to charge the arrestee with a crime, the jury will vote to issue an indictment. At least 12 jurors must agree that there is enough evidence in order to issue an indictment. If the minimum required number of jurors are not in agreement that there is sufficient evidence, there will be no indictment issued.
If the defendant is not already in police custody, after a grand jury issues an indictment, the defendant will be arrested and brought before a magistrate judge for an initial hearing on the case. The hearing generally occurs within one day of the arrest. At the hearing, the defendant learns about the charges the federal government has filed against him or her. The court will also arrange for the defendant to secure an attorney and determine whether the defendant will stay in jail or be released and expected to return to court for the trial.
The federal criminal process differs significantly from Florida’s criminal process. If you are under investigation or if you have been arrested on a federal charge, you don’t have to navigate the process alone. Having your own Wynwood FL federal crime attorney will offer a layer of protection against having your rights infringed upon at various steps during the process.
Do not say anything that might incriminate you. Speak with an attorney first.
Types of federal crimes
We see a variety of federal criminal cases in South Florida. Some of the most common cases we encounter involve:
- white collar crimes
- human trafficking
- drug trafficking
- sex crimes
WHITE COLLAR CRIMINAL CASES
Some white collar crimes are automatically federal offenses. For example, white collar offenses that involve banks are most often federal crimes because most bank deposits are insured by the federal government. Many white collar offenses involve communication or other activities that occur across state lines. We represent people who are under investigation or have been accused of a variety of white collar offenses, including:
- fraud
- money laundering
- racketeering
- embezzlement
- public corruption/bribery
- Ponzi schemes
- tax crimes
- securities fraud
Conviction for a white collar offense may result in you being sentenced to decades in prison or ordered to pay hefty fines. Moreover, if you are also charged in state court, you may be convicted and sentenced in separate proceedings for the state court charges. Having a Wynwood white collar crime lawyer on the case can simplify what may otherwise be a complicated process.
HUMAN TRAFFICKING CASES
There are two main types of human trafficking: labor trafficking and sex trafficking. Both types of human trafficking occur in South Florida.
LABOR TRAFFICKING IN WYNWOOD
A labor trafficking scheme typically begins when a trafficking organization creates a false job advertisement. The fraudulent advertisements most often appear in other countries and target communities in which there are people who are looking for work opportunities in the U.S. When potential victims respond to the fake advertisement, they are led to believe there is a legitimate job waiting for them in the U.S. upon their arrival. The traffickers may help the individuals arrange travel from the potential victim’s country to a meetup point in the United States. When the potential victim arrives stateside, the trafficker or someone who works on the trafficker’s behalf will pick the person up and transport them to the location at which the trafficking begins.
Labor traffickers intimidate their victims and hold them captive by threatening violence, confiscating the victims’ travel documents, and threatening to report the victims for working illegally in the U.S. The trafficker also takes the victims’ money and forces the workers to reside in subpar living quarters. Victims generally do not receive the food, clothing, or medical care treatment they may need. Some common jobs labor trafficking victims work include:
- farm labor
- hotels and hospitality jobs
- cleaning jobs
- nail salon work
- manufacturing jobs
WYNWOOD SEX TRAFFICKING CASES
Similar to labor trafficking, sex trafficking involves restricting the victim’s ability to move freely and forcing the victim into an exploitative situation. Instead of poor working conditions, sex trafficking victims are forced to do sex work. People often imagine traffickers kidnapping their victims and forcing them into sex trafficking. Although abductions still happen, traffickers now take different approaches to luring the victims.
Sex traffickers often attempt to get to know their victims in some capacity. They may pose as a romantic interest or a talent agent who is looking to help the potential victim with his or her career. When the trafficker develops a relationship of trust with the victim, the sex trafficker will behave in a violent or otherwise controlling manner. The trafficker or someone who works on the trafficker’s behalf eventually transports the victim to a location, oftentimes across state lines, and the trafficker uses threats and possibly violent attacks to place the victim in fear of trying to leave. Common areas in which sex traffickers are forced to work include:
- motels
- hotels
- massage parlors
- adult entertainment establishments
- the pornography industry
Sex traffickers advertise their victims in plain sight. Sex work ads that are managed by traffickers appear among online classified ads, dating sections of websites, and on social media.
HUMAN SMUGGLING VS. SEX TRAFFICKING
An offense that happens in South Florida and is similar to human trafficking is human smuggling. The key difference between human trafficking and human smuggling is that people who are smuggled into South Florida are usually intentional participants in the scheme. Human smugglers advertise in other countries. They agree to secretly transport people from the origin country into the United States in exchange for a fee. Although the people who pay human smugglers to help them get into the U.S. do so willingly, human smuggling is dangerous due to the conditions. Smugglers may be unconcerned about the health and safety of the people they smuggle. The vehicles and watercraft they use to transport their customers are not always safe for occupancy or for a long-distance trip. Smugglers also do not follow proper protocols in terms of conducting health screenings to minimize the spread of sickness and to ensure the customers are healthy enough to safely make the trip.
FLORIDA DRUG TRAFFICKING DEFENSE
South Florida is a major hub in the illegal drug trade. Drug trafficking is one of the most common federal offenses in Florida as the state and federal governments investigate and prosecute drug crimes in Florida with great intensity. If you are facing a federal drug charge, you need strong legal representation from an experienced drug trafficking attorney in Wynwood.
Federal drug investigations can be surprisingly complex cases. There are several twists and turns at which investigators may make a misstep that can cost the federal government its entire case. In some cases, investigators gather evidence in a way that does not comply with the rules they must follow. Police officers sometimes illegally conduct traffic stops without a valid reason to stop the driver. It is not uncommon for some law enforcement officers to violate certain accused drug offenders’ rights during the investigative process. Having a dedicated federal drug trafficking defense attorney is imperative. We represent people in Wynwood who are facing any of the following charges:
- drug trafficking
- drug manufacturing
- drug possession
- possession of drug paraphernalia
Federal drug offenses often carry a mandatory minimum sentence. Mandatory minimum sentencing guidelines call for the sentencing court to automatically impose a specified minimum sentence if a defendant has been convicted for a specific offense. The mandatory minimum sentence for a federal drug charge depends on the substance and the quantity the defendant possessed, distributed, or manufactured.
There are certain specific circumstances that allow a federal judge to deviate from mandatory minimum sentencing. Your knowledgeable Wynwood federal drug trafficking defense lawyer will be able to determine whether your case may qualify for an exception and advocate on your behalf.
DEFENSE ATTORNEY FOR FEDERAL SEX CRIMES
Sex crimes are a serious enough matter when they occur at the state level. A federal sex crime accusation requires an even more formidable approach to fighting the charge. Our Wynwood federal defense attorney is well-versed in federal sex crimes laws and the federal court system. Our Wynwood sex crimes lawyer will fight on your behalf to ensure you receive a fair trial and the opportunity to defend yourself against very serious sex crimes charges.
Federal defense lawyer for cases in Wynwood
Having a qualified Florida defense lawyer who has a winning track record in federal cases can make a tremendous difference if you are facing a federal charge. Our team will work relentlessly to achieve the most favorable outcome we can achieve in your case. When you work with the team at Joffe Law, you can feel confident that you have a legal professional advocating for your best interest at every turn. Whether you have been implicated in a federal investigation or if you have been convicted for a federal offense, there may be a legal remedy to improve your case outcome. Contact Joffe Law to learn more. We will review your case before determining the next steps.
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