DON’T HIRE YOUR DUI LAWYER TO DEFEND YOU IN FEDERAL COURT
While a DUI lawyer can handle crimes that fall under state or local law, crimes that fall under federal law require a higher level of experience. We handle Federal Criminal Cases in the following areas:
- Drug Crimes
- Distributing Prescription Drugs
- Federal Drug Trafficking and Possession with Intent
- Fraud Crimes
- Bank Fraud
- Bankruptcy Fraud Violation of Probation and Supervised Release
- Healthcare Fraud
- Insurance Fraud
- Mail Fraud
- Mortgage Fraud
- Tax Fraud
- Wire Fraud
- Internet Crimes
- Child Pornography
- Computer/Cyber Crimes
- Money Laundering
- Alien Smuggling
- Arms Trafficking
Federal Drugs Charges
A Federal Drug Charge is more complex than a charge brought in state court. Having a knowledgeable and experienced federal criminal defense attorney can make a huge difference in the outcome of your case and your families future.
What are the penalties for federal drug trafficking?
Federal Drug crimes carry serious penalties and are aggressively prosecuted by the U.S. Attorney’s Office. Penalties for possession with the intent to distribute drugs is based primarily on the weight of the drugs in question.
Federal Drug Crimes also makes multiple conspiracy charges a distinct possibility because there are usually several people involved. The amount of drugs can be very small, but prosecutors use the threat of 10, 20 or more years of prison to coerce possible c0-conspirators to flip against others and provide evidence and testimony of questionable veracity. The most common mandatory minimum sentences on Federal Drug Crimes are 5 years or 10 years in federal prison.
What should I do if I’m being investigated on a drug charge?
Under the Federal Sentencing Guidelines the sentences are so tough and the exceptions so few, it is necessary to have an experienced federal drug crime defense attorney handling the matter. If you are being investigated or have been indicted on a Federal Drug Charge, you can’t just sit back and wait to see what happens. If the Government has a strong case against you then you will need a skilled negotiator who knows how to best position his client for the most favorable treatment possible at sentencing. If the government’s case is weak, then a trial may be the best option.
If you are under investigation for child pornography, you need a Federal Criminal Defense Attorney immediately. The government will most likely obtain a search warrant and find anything and everything that you have on your computer. All information about IP addresses and all other internet activity will be used discovered, analyzed and as evidence against you if possible. In order to combat the government’s computer experts who will be ready to testify against you we partner with forensic experts who are at the height of their field and often are former FBI or otherwise government trained.
You have the right to have an attorney present during any questioning, and you need to exercise that right whether you are guilty of a crime or not. Mike G Law understands how the government’s investigation will be conducted and how the Assistant US Attorney will attempt to create a strategy to convict you.
Under 18 U.S. Code § 2256 of the United States Code there are a number of relevant definitions and terms with regard to federal child pornography cases.
(a) Any person who—
(1) knowingly mails, or transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, any child pornography;
(2) knowingly receives or distributes—
(A) any child pornography that has been mailed, or using any means or facility of interstate or foreign commerce shipped or transported in or affecting interstate or foreign commerce by any means, including by computer; or
(B) any material that contains child pornography that has been mailed, or using any means or facility of interstate or foreign commerce shipped or transported in or affecting interstate or foreign commerce by any means, including by computer;
(A) reproduces any child pornography for distribution through the mails, or using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer; or
(B) advertises, promotes, presents, distributes, or solicits through the mails, or using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains—
(i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or
(ii) a visual depiction of an actual minor engaging in sexually explicit conduct;
shall be imprisoned not less than 5 years and not more than 20 years, unless they have relevant prior convictions, in which case he or she shall be imprisoned for not less than 15 years nor more than 40 years.
Computer and Cyber Crimes
Computer and cyber crimes generally fall into two categories. The first is when a network or a computer is the target of the illegal activity. As industry and the government are increasingly networked and automated, opportunities for illicit gain for individuals with the right skill set present themselves ever more frequently. The second category is when the alleged criminal activity is set in motion and facilitated by a computer. This can include any criminal activity that is accomplished by means of a computer, including simple fraud; production of false identification; reproduction and distribution of copyrighted material; distribution, collection and production of child pornography; and other types of crimes.
How do you Defend Federal Computer and Cyber Crimes?
As a Federal Criminal Defense Attorney it is necessary to have an understanding of the technical aspects of the Government’s investigation as well as a knowledge of the rules of court which govern whether or not the evidence is relevant and admissible. Given the rapidly changing technology which is a part of all our lives it is necessary to consult with experts and work with them to identify the weaknesses in the Government’s case against you.
How are computer and cybercrimes investigated?
Some government agency, like the FBI, may identify your IP Address as one which is suspicious. Based on that they may seek a warrant to enter your home or business and seize all electronic evidence, including computers, routers, phones, tablets, etc.. These items will be catalogued and then sent to a government lab and analyzed with the most sophisticated tools known to law enforcement. Often before the warrant is served they will lie in wait until you are alone at the location and then seek an admission by you that the electronic device is yours and that you are the only one who uses it. If there are others present they may threaten to arrest everyone if you do not confess and say what they want you to.
Do not speak to any law enforcement if you are the target of their suspicion. The only purpose for their interview of you is to get you to make admissions. Ask for a Federal Criminal Defense Lawyer because you’re not going to talk your way out of it.
Federal Computer Crime Laws and Laws used to Investigate Cyber Crime
18 U.S.C. 875 Interstate Communications: Including Threats, Kidnapping, Ransom, Extortion.
18 U.S.C. 1029 Possession of Access Devices
18 U.S.C. 1030 Fraud and related activity in connection with computers
18 U.S.C. 1343 Fraud by wire, radio or television
18 U.S.C. 1361 Injury to Government Property
18 U.S.C. 1362 Government communication systems
18 U.S.C. 1831 Economic Espionage Act
18 U.S.C. 1832 Trade Secrets Act
Federal Violation of Probation and Supervised Release
A violation of probation or supervised release occurs if you fail to follow your probation officer’s lawful instructions. Some violations are more severe than others. Even arrests for state misdemeanors can count. Any contact with law enforcement must be reported or you could face a violation and prison time.
It is extremely important to have a good relationship with your probation officer. Technical violations are not required to be reported to the court and filed. Understanding what is expected of you and meeting or exceeding the expectations of your probation officer can make your life far easier. An experienced Federal Criminal Defense Attorney like Mike G Law knows what you need to do to complete the probation requirements successfully without needlessly jeopardizing your freedom.
Substantive Probation Violations
For more serious violations your probation officer is required to file a violation and the government will seek to have you sent to prison, possibly for several years, depending on the basis of the violation. However, whether or not you go to prison on a probation violation is up to the judge. Therefore, it is critical that you have an experienced Federal Criminal Defense Attorney like Mike G Law to make the best arguments possible and to show all the mitigating evidence in order to persuade the judge that sending you to prison at a huge expense to the tax payers is not the best or appropriate option.
The government requires that banks report any deposit over $10,000 in cash. The purpose of the law is to identify illegal conduct such as money laundering and drug trafficking. Attempts at avoiding this law by making multiple deposits that are less than $10,000 is called structuring. This is a crime that carries a maximum of five years in federal prison and the forfeiture of assets. If the amount of money structured in a twelve-month period exceeds $100,000 in cash, it will be considered an aggravated charge. The maximum sentence can then be up to ten years.
Federal Law regarding structuring is covered under 31 U.S. Code § 5324(a) and reads in part that no person shall, for the purpose of evading reporting requirements, cause or attempt to cause a domestic financial institution to fail to file a report, or structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more domestic financial institutions.
Call my office immediately at 813-221-4303 or send a message using this convenient contact form to arrange a free case evaluation.