After a family member is arrested, you may want to help by securing legal representation. However, when a loved one faces criminal prosecution, they may need a federal criminal defense attorney rather than a state criminal defense attorney. Understanding when a loved one needs a defense attorney knowledgeable in federal criminal law can help your family secure the legal counsel and advocacy they need.
Understanding State vs. Federal Charges
Federal criminal prosecution involves charges under federal law. Examples of crimes typically prosecuted at the federal level include:
- Drug trafficking
- White collar crimes, such as tax fraud, wire fraud, mail fraud, counterfeiting, identity theft, and RICO violations
- Securities violations
- Terrorism
- Interstate sex crimes, such as sex trafficking or the distribution of child pornography
Federal criminal law usually covers crimes that occur across state lines or national borders, on federal land or federal government property, or in U.S. territorial waters, or that involve the use of the mail or telecommunications.
Conversely, state charges involve violations of a specific state’s criminal laws, covering offenses that occur entirely within that state, such as DUI, theft, assault, and homicide.
Federal offenses tend to impose harsher penalties than many state criminal laws for the same or similar crimes, such as drug trafficking. Federal criminal courts also have procedural nuances compared to state criminal courts.
The Benefits of Hiring an Attorney Experienced in Criminal Defense
Some of the benefits of hiring a defense attorney who has an extensive background in handling federal criminal cases include:
- Knowledge of federal law: A federal criminal defense attorney will have a more in-depth understanding of federal criminal law, including the elements that federal prosecutors must prove for a specific charge.
- Experience with federal sentencing guidelines: Federal courts use published Sentencing Guidelines to help with sentencing determinations, so federal defense attorneys who know the Guidelines can more effectively advocate for clients during sentencing proceedings.
- Familiarity with federal criminal procedure: The federal courts use a specific set of procedures for criminal cases that govern how they manage cases and conduct trials. As a result, defense attorneys should have extensive familiarity with the rules to manage their clients’ defenses properly.
- Relationships with federal judges, court staff, and procedures: Experienced federal criminal defense attorneys will have working relationships with federal prosecutors, court staff, and judges, which can help manage a client’s case or understand how a judge might rule on motions or determine sentences.
Signs a Loved One Might Need a Federal Defense Lawyer
Some of the signs that your loved one needs a defense attorney with specific experience with federal cases include:
- Federal agencies, such as the FBI, DEA, ATF, or Secret Service, have investigated or arrested your loved one
- Your loved one’s charges are based on federal statutes (the United States Code/U.S.C.).
- Your loved one’s federal prosecution involves significant penalties or mandatory minimums, which federal law commonly imposes for many offenses
- Your loved one’s case involved multi-state or international activity
- The case involves a high-profile or complex investigation into offenses such as white-collar crime, complex financial schemes, or conspiracy charges
Federal law enforcement agencies and prosecutors typically have greater resources to investigate and prosecute criminal cases, making an attorney experienced in defending against federal charges essential to leveling the playing field for your loved one.
Contact a Federal Criminal Defense Attorney Today
Contact Guest & Gray today for a free, confidential consultation with a federal criminal defense lawyer to learn more about the differences between federal and state criminal defense attorneys and to discuss when your loved one needs a lawyer with extensive experience in the federal criminal justice system.
