Federal Crimes Defense Lawyer in Miami, FL

Examples of Federal Criminal Cases

Federal courts only handle cases that pertain to federal law or U.S. Constitution violations. Cases a federal court may handle include:

• Tax evasion
• Credit card fraud
• Bankruptcy
• Counterfeiting
• Money laundering
• Mail fraud
• Bank robbery
• Racketeering
• Art theft
• Identity theft
• Electoral fraud
• Drug trafficking
• Illegal wiretapping
• Kidnapping
• Immigration offenses
• Computer crimes
• White collar crimes
• Crimes on federal land
• Cases between citizens of two separate states

Steps in a Federal Court Case

The steps involved in a federal court case share some similarities with state criminal cases, although there are multiple differences. These differences stem from separate jurisdictions, clear laws governing each system, and the agencies involved in the process.

A federal court case typically includes multiple core stages, including:

1.   Evidence Review

These cases typically begin with an evidence review. The prosecutor and grand jury will evaluate the evidence surrounding the case to determine whether sufficient evidence exists to constitute a trial. If they find enough evidence to warrant a trial, they will require the defendant to stand trial.

2.   Interviews

The second phase in the process involves interviews. These take place after the defendant has been arrested. The pretrial services or probation officer of the court will conduct these interviews, collecting information about the defendant and their background.

The information the officer collects serves as the basis for determining whether the defendant can be released before trial and any conditions that may apply to the release, such as drug testing or electronic monitoring. In general, the accused person is entitled to release before trial, provided that the judge doesn’t determine that they pose a risk to the community and/or are likely to commit additional crimes.

3.   Initial Appearance

In the next phase, the defendant will appear before the judge. During this part of the process, the judge will inform the defendant of the charges against them and notify them of whether they can be released before trial.

4.   Arraignment

Arraignment, a formal court proceeding surrounding charges and pleas, comes next. During this stage, the defendant will enter a plea to the charges against them. Some defendants choose to plead guilty in return for more lenient sentencing or having certain charges dropped.

In the case of a plea of guilt, the judge may impose a sentence. However, in most cases, the judge holds off on sentencing until the sentencing hearing date, which they will set during arraignment.

If the defendant doesn’t plead guilty to the charges against them, the judge will set a trial date at this time.

5.   Trial

When a federal criminal case goes to trial, the defendant doesn’t have to prove their innocence. Instead, the burden of proof lies with the U.S. government. The government must prove that the defendant is guilty by providing evidence that convinces the jury of guilt beyond reasonable doubt.

6.   Verdict

After hearing both sides of the case, the jury will come to a conclusion, determining whether they believe the defendant is guilty or innocent. If they find the defendant guilty, the judge will sentence the defendant.

If the jury finds the defendant not guilty, the defendant will be released. If a federal criminal case results in a “not guilty” verdict, the government is barred from appealing the case. The U.S. Constitution prohibits “double jeopardy,” meaning a person found not guilty of a crime cannot be retried for that same crime again.