what is a federal criminal lawyer

Criminal lawyers represent defendants facing criminal charges in state, federal and appellate courts. Their scope of practice includes bail bond hearings, plea bargains, trial, revocation hearings (parole or probation), appeals and post-conviction remedies. As part of the lawyer's job functions, a criminal lawyer will:

Full Answer

What to look for in a good criminal lawyer?

Mar 01, 2022 · Our federal criminal defense attorneys will work collaboratively to build your defense, and we will strategically, methodically, and aggressively fight to protect you against unnecessary consequences. When you choose Oberheiden, P.C. to defend you in your federal criminal case: We will promptly intervene in the government’s case.

How to hire a federal criminal defense lawyer?

Dec 30, 2021 · The best practice that a successful federal criminal defense lawyer employs is to understand every federal criminal offense and how to fight it. That’s because these crimes are connected in one form or another: a defendant can be charged with conspiracy to commit one or more crimes, and then be charged with actually carrying the crime(s) out.

What are the responsibilities of a criminal lawyer?

Jun 17, 2014 · Federal Criminal Law. The United States Constitution, treaties, federal statutes, executive orders, and court decisions establish and define the unique legal and political relationship that exists between the United States and Indian tribes.

How are federal criminal defense lawyers hired?

May 18, 2011 · In addition to representing hundreds of people in resolving serious federal criminal cases by agreement or by winning the case at trial, our defense lawyers have also helped people facing serious federal charges by reviewing their case and providing a “second opinion” about the strength of the government’s evidence or the viability of certain defenses before the …

What is an example of a federal criminal law?

IRS (tax) violations and mail fraud. drug trafficking/drug possession. kidnapping.Sep 29, 2020

Is criminal law state or federal?

At the state level, criminal laws are passed by state governing bodies or can stem from a state's constitution. At the federal level, criminal laws are passed by the U.S. Congress or stem from the Constitution.Mar 18, 2017

What makes something a federal crime?

In general circumstances, a crime is federal when it violates United States federal legal codes or when the individual carries the criminal activity over multiple states such as commercial fraud, wire fraud and drug trafficking.

Is there federal criminal law?

However, just as there are state laws against engaging in criminal behavior, there are also federal criminal laws passed by Congress. These laws exist to police federal or national issues, such as crimes that occur across state lines, internet crimes, federal tax fraud, or crimes committed on federal property.Dec 10, 2020

How serious is a federal crime?

Federal offenses almost always carry harsher consequences than their state counterparts and can expose a person to a lengthy prison term, expensive fines, and elimination from holding certain occupations.

What are federal laws called?

StatutesStatutes, also known as acts, are laws passed by a legislature. Federal statutes are the laws passed by Congress, usually with the approval of the President.Oct 13, 2021

Is a felony a federal crime?

A federal crime can be either a felony or a misdemeanor. Misdemeanors are lesser crimes, and they usually involve fines or incarceration of less than a year. Felonies, on the other hand, are crimes typically punishable by a year or more of imprisonment.Sep 22, 2020

What are the 8 types of cases heard in federal courts?

Federal courts generally have exclusive jurisdiction in cases involving (1) the Constitution, (2) violations of federal laws, (3) controversies between states, (4) disputes between parties from different states, (5) suits by or against the federal government, (6) foreign governments and treaties, (7) admiralty and ...

What makes a case a federal case?

For the most part, federal court jurisdictions only hear cases in which the United States is a party, cases involving violations of the Constitution or federal law, crimes on federal land, and bankruptcy cases. Federal courts also hear cases based on state law that involve parties from different states.

What is the difference between a federal crime and a state crime?

Federal crimes are prosecuted by Assistant U.S. Attorneys and investigated by federal officers, such as FBI, DEA, or ICE agents. State crimes are investigated by county sheriffs, state agents, or local police officers, and prosecuted by state district attorneys or city attorneys.

What is the difference between state and federal law?

Federal law is the body of law created by the federal government of a country. In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts.

How many federal crimes are there?

Title 18 of the United States Code (USC) provides the federal government with definitions and procedures on handling of federal crimes. This criminal and penal code section of the USC is quite extensive and lists more than 75 types of federal crimes.

What are 'designated health services' under the Stark Law?

Unlike the Anti-Kickback Statute, which prohibits program-reimbursed referral fees in connection with the delivery or distribution of any service o...

What are some common allegations of physician certification fraud in connection with home health and...

Federal authorities routinely pursue investigations for physician certification fraud against home health agencies, hospices, and certifying physic...

What are some potential defense strategies in federal healthcare fraud investigations?

When we represent healthcare providers in federal fraud investigations, two of our first steps are to: (i) to intervene in the government's investi...

Federal Criminal Lawyers With Over 20 Years of Success in Serious Cases

Page Pate is one of the top federal criminal lawyers in the country with a proven record of success in federal cases in courts all across the Unite...

Federal Criminal Lawyers Who Get Results.

FEDERAL DRUG CONSPIRACY – NOT GUILTYWon a federal criminal jury trial for a client charged with being in a large-scale drug conspiracy. The client...

Our Federal Criminal Lawyers Have Won Dozens of “Not Guilty” Verdicts and Pretrial dismissals.

Given the severity and complexity of federal criminal investigations and prosecutions, anyone charged with a federal crime should retain an experie...

What is the Bureau of Indian Affairs?

Bureau of Indian Affairs. The Bureau of Indian Affairs – Office of Justice Services (formerly known as the Office of Law Enforcement Services) provides law enforcement and corrections services to tribes which are subject to federal criminal jurisdiction, but have yet to establish their own tribal law enforcement or corrections programs.

What is the role of tribal police?

Tribal police and tribal courts handle the majority of criminal offenses occurring in Indian country and often do so in ways that are appropriate given the priorities, needs, and resources of each particular tribal community. Federal Bureau of Investigation.

What is the relationship between the United States and Indian tribes?

The United States Constitution, treaties, federal statutes, executive orders, and court decisions establish and define the unique legal and political relationship that exists between the United States and Indian tribes. Federal laws vest the Department of Justice with primary jurisdiction over most felonies that occur on Indian lands in most states.

Federal criminal attorneys with over 25 years of success in courts across the country

Page Pate, Jess Johnson, and Tom Church are consistently ranked among the country’s top federal criminal defense attorneys. Together, they have over over 40 years of successful results in federal trials, federal appeals, and post-conviction early release petitions.

Federal criminal defense attorneys who get results

FEDERAL DRUG CONSPIRACY – NOT GUILTY#N#Won a federal criminal jury trial for a client charged with being in a large-scale drug conspiracy. The client was facing mandatory life in prison if convicted. The jury found him “not guilty” on all counts, despite wiretap evidence and the testimony of alleged co-conspirators.#N#(U.S. v. V.W.)

Our Experience in Federal Criminal Cases

Federal criminal investigations and prosecutions are handled very differently than similar criminal cases in state courts. First of all, the law enforcement agencies that investigate federal crimes are generally well-funded and staffed by the most experienced agents and investigators.

We have also helped many people get out of federal prison early

Recently, we have also been very successful helping people get an early release from federal prison. Recent changes in federal law, and Justice Department policies, have allowed us to pursue “ compassionate release ” for inmates serving lengthy sentences at the federal Bureau of Prisons.

Federal Criminal Cases & News

A recent ruling by the Second Circuit Court of Appeals may mark the beginning of a previously foreclosed ...

What are some examples of armed robbery?

Example 1: Armed Robbery. Imagine two people robbing a bank. One carries a gun, the other does not. In fact, the second bank robber does not even know that there is a gun involved. Can the second bank robber nonetheless be convicted of armed robbery? Imagine further that the bank robbery results in a fatal shooting of a security guard during the course of the robbery. Can the second bank robber be held liable for murder that was committed by the robber that carried and used the gun without the second defendant’s knowledge?

What is conspiracy charge?

Under federal law, a conspiracy is an agreement between two or more people (some states only require one person, notably New York) to join together to attempt to accomplish some unlawful purpose.

What is a conspiracy?

Under federal law, a conspiracy is an agreement between two or more people (some states only require one person, notably New York) to join together to attempt to accomplish some unlawful purpose. It is irrelevant whether the conspiracy plan worked out and whether the conspiracy was successful. The key is that at least two people have combined, or mutually agreed, to do something illegal. Iannelli v. United States, 420 U.S. 770, 777 (1975). To find a defendant guilty of conspiracy, the Government must prove beyond a reasonable doubt that: 1 Two or more persons agreed to try to accomplish a common and unlawful plan, as charged in the indictment; and 2 That the defendant knew the unlawful purpose of the agreement and joined in it willfully, that is, with the intent to further the unlawful purpose.

Why is conspiracy a powerful weapon?

Conspiracy is a powerful and popular weapon for prosecutors because it allows the government to take advantage of the evidentiary rules to obtain convictions.

What is an overt act?

Overt Act: Finally, under general federal conspiracy law, at least one overt act must have been committed in furtherance of the conspiracy. At least one of the conspirators must have taken some action to actually set the conspiracy in motion, in addition to the agreement to commit a crime.

What is the essence of a conspiracy?

Agreement: The essence of a conspiracy is that two or more people agree between themselves to commit a crime . While many conspiracies involve an express agreement, in which people meet or talk on the phone and discuss their criminal plans and agreement, such as a plan to commit a robbery of a casino, the government may also prove what is called an indirect conspiracy, in which the circumstances make clear that the participants were all planning to and/or did commit a crime, even in the absence of any express agreement.

What was the grand jury indicted for?

A federal grand jury indicted a real estate company and its accountant for wire fraud and conspiracy to commit wire fraud based on their alleged roles in a scheme to defraud financial institutions in connection with certain foreclosed properties in Minnesota.

What is criminal conspiracy?

Criminal conspiracy is a far-reaching concept and is one of the most widely prosecuted federal criminal offenses. A criminal conspiracy is loosely defined as “anytime two or more individuals agree to commit an unlawful act and then take some step toward completion of that act.”. Federal conspiracy charges are broad and can apply to any individual ...

How long can you go to jail for conspiracy?

Under the federal statute, convictions for conspiracy charges can result in a prison sentence of up to five years. The concept often most confusing with conspiracy charges is that to be charged with conspiracy, you do not have to have committed ...

How to contact Oberheiden P.C.?

to arrange a free and confidential initial consultation. To schedule a time to speak with one of our federal conspiracy defense attorneys, call 888-680-1745 or contact us online today.

What is the most common level of intent in federal criminal law?

Perhaps the most-common level of intent applied in federal criminal statutes is that of “general intent. ”. This concept infers a certain purpose behind the defendant’s action. The Legal Information Institute (LII) defines general intent as, “ [a]ctual intent to perform some act, but without a wish for the consequences that result from that act.”.

What does "willfully" mean in law?

Department of Justice (DOJ): “The term ‘willfully’ means no more than that the forbidden act was done deliberately and with knowledge, and does not require proof of evil intent. [Citations omitted].

What is the burden of proof in criminal cases?

Establishing the requisite mens rea, or “criminal state of mind” is a key aspect of the government’s burden of proof when prosecuting a federal criminal case. In criminal cases, the government must necessarily prove the defendant’s state of mind at the time that the alleged crime was committed. This is true in all cases except in the limited number of instances where a federal law establishes strict liability for a specific form of criminal conduct. Notably, this is different from civil cases, in which evidence of intent generally is not required (although there are some exceptions). However, simply stating that the government must prove a defendant acted with criminal “intent” fails to tell the whole story. In the federal criminal justice system, there are varying levels of criminal intent. Depending on the specific federal statute involved ––and in many cases, the outcome of prior cases applying the statute in question–– the federal government may need to prove that a defendant acted: 1 Knowingly; 2 Willfully; 3 With general intent; or, 4 With specific intent

What is the mens rea of acting willfully?

Next is the mens rea of acting “willfully.”. The term “willfully” appears in numerous federal criminal laws. The federal statute that prohibits lying to federal agents, 18 U.S.C. § 1001, provides a good example: “ [W]hoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government ...

What does it mean when a defendant knows what he or she is doing but not necessarily that he or answer

Generally speaking, this means that the defendant knew what he or she was doing but not necessarily that he or she knew that the conduct in question was illegal.

What happens if you lacked specific intent?

If you argue that you lacked specific intent when all the government needs to prove is that you acted knowingly, your defense will be fatally flawed. While certain types of procedural defenses can be used to defeat evidence of intent in all cases (i.e. arguing that the government’s evidence is constitutionally inadmissible or barred under Rule 403 of the Federal Rules of Evidence), substantive offenses must target the specific mens rea at issue.

What is procedural defense?

While certain types of procedural defenses can be used to defeat evidence of intent in all cases (i.e. arguing that the government’s evidence is constitutionally inadmissible or barred under Rule 403 of the Federal Rules of Evidence), substantive offenses must target the specific mens rea at issue. Also, remember that intent is just one element ...

What is a target letter?

The target letter is a formal notice you will be called to give testimony to a federal grand jury or you are going to be charged for a federal crime. If you received a target letter, then you will probably also receive a subpoena to testify before a federal grand jury. A target letter will usually describe the alleged crime under investigation by ...

What happens if you miss the deadline?

If you miss the deadline and don’t make contact, there could be some harsh consequences. The letter will typically include the name and contact information of a federal agent or federal prosecutor who is handling the case. You should never contact them without first consulting with a federal criminal defense lawyer.