Federal Crimes Defense Lawyer in Gainesville, FL

What Cases Qualify as Federal Criminal Cases?

Federal courts don’t handle all cases. Instead, they handle those that violate federal law or the U.S. Constitution. Examples of crimes that may constitute a federal case include:

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

What to Expect in a Federal Court Case

The process involved in a federal criminal court case varies from that of a state criminal case. The separate jurisdictions, differing laws governing each system, and different agencies involved in the process create a clear distinction between them.

If you’re facing federal criminal charges, the process will likely involve multiple stages, including interviews, arraignment, and possibly trial.

Evidence Review

A federal court case begins with the prosecutor and grand jury, who will review and determine whether there is sufficient evidence to constitute a trial. If they determine there is sufficient evidence, they will require the defendant to stand trial.

Interviews

After the defendant is arrested, a pretrial services or probation officer of the court will conduct interviews. During these interviews, the officer will collect information about the defendant and their background.

This information will be used to determine whether the defendant can be released before trial and, if so, what conditions apply to the release. The accused individual is entitled to release before trial unless the judge decides they pose a danger to the community and/or are likely to commit other crimes.

Initial Appearance

During the first appearance, the judge will notify the defendant of the charges against them and determine whether release before trial is an option. In some cases, defendants released before trial may have to complete or follow certain conditions, such as drug testing or electronic monitoring.

Arraignment

This stage involves a court hearing, during which the defendant enters a plea to the charges the U.S. attorney brings against them. Many defendants plead guilty in exchange for the government dropping certain charges or a more lenient sentence.

If the defendant pleads guilty, the judge may impose a sentence, but in most situations, they will set a date for a sentencing hearing. If the defendant doesn’t plead guilty, the judge will set a trial date.

Trial

If the case goes to trial, the U.S. government must prove the defendant is guilty. In criminal cases, the burden of proof doesn’t lie with the defendant—they don’t have to prove their innocence. Instead, it’s on the government to provide evidence that convinces the jury that the defendant is guilty beyond reasonable doubt.

Verdict

After hearing the case, the jury will come to a conclusion. If they find the defendant guilty, the judge will determine the appropriate sentence.

However, if the verdict is not guilty, the defendant will be released. In cases with a “not guilty” verdict, the government can’t appeal the case, as the U.S. Constitution prohibits “double jeopardy.” This means that someone found not guilty can’t be tried for the same crime twice.