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Strong Defense for Federal Crimes in Florida
Federal crimes have harsh minimum penalties that must be imposed under federal sentencing guidelines, allowing for little to no deviation or leniency on the part of the federal judge. To make matters worse, federal agencies are typically better funded and have more manpower to dedicate to their investigations, and federal prosecutors most often have more experience and resources to prosecute defendants in federal court.
To counteract the aggressive investigation and prosecution that you will face for a federal crime, you need a highly experienced federal defense lawyer Miami on your side. You need to work with a lawyer who understands all aspects of the law and can use this insight to leverage your case into the most successful position possible.
Every client charged with a federal crime deserves strong defense and a fierce advocate. Attorney Michael Mirer is ready to champion your side of the story. For a free consultation with our federal defense lawyer Miami, please call (800) 798-0243.
What Is the Difference Between a Federal Crime and a State Crime?
This is one of the most common questions our Miami federal criminal defense attorneys encounter. Both state and federal laws outline particular actions which are unlawful and may be penalized by specific terms of imprisonment, fines, etc.
Federal Law vs. State Law in Florida
The laws governing Florida, like those of the other 50 states, are divided into two distinct categories: Federal law and State law. Each layer of legislation is independent and exclusive in defining the rights and responsibilities of individuals living in the Sunshine State. Federal law is enforced uniformly across all 50 states via U.S Constitution, controlling issues such as immigration and bankruptcy. On the other hand, state laws vary from state to state, giving authority on matters regarding taxes, criminal activities such as assault or theft and more localized concerns relating to business or real estate. In Florida in particular there are defined rules for how land must be owned and if a tenant fails to pay rent what steps can be taken as well as regulations surrounding driving and hunting/fishing licenses. Ultimately it is important to remember that state and federal laws are not mutually exclusive; they commemorate each other providing an intricate network of legislation.
Can I Face Charges in Federal Court and State Court?
Although not entirely common, it is possible that a defendant may face charges in Florida state and federal courts. This is not considered double jeopardy (being tried twice for the same crime) as the two courts are entirely separate from one another. For example, most drug crimes are included under state and federal law. As such, a defendant could potentially face drug manufacturing or distribution charges in Florida state court and also in federal court.
What Is a Federal Crime?
Federal criminal charges are serious offenses committed against federal laws, as opposed to state or local laws. These crimes can include conduct that affects multiple states, federal agencies, federal property, and federal events or activities. Examples of federal crimes include counterfeiting, mail fraud, tax evasion, cybercrime, immigration violations, weapons charges and interstate drug trafficking. Federal crimes are prosecuted in federal courts with the help of federal prosecutors, who use federal rules of criminal procedure when prosecuting these cases. Individuals charged with a federal crime may face considerably more severe consequences than state court convictions do. Fines can range up to millions of dollars and jail sentences can be significantly longer than those for state offenses for similar conduct.
What Are Considered Federal Crimes?
Federal enforcement serves as a watchdog against four distinct varieties of criminal behavior:
- Drug crimes
- Fraud scams
- Sex crimes
- White collar crimes
Interstate or international drug trafficking and wire fraud are two examples of federal crimes.
Prosecution in Federal Court
A criminal case is held in federal court when:
- State and federal authorities decide.
- The alleged crime is serious in nature.
- Federal authorities made the arrest.
- Conduct occurred on federal land.
- The alleged crime crossed state lines or affects people in multiple states.
- The alleged crime violates immigration laws.
Who Investigates Federal Crimes?
Federal crimes are investigated by state, local and federal law enforcement agencies. In many cases, the Federal Bureau of Investigation (FBI) investigates federal crimes such as bank robbery, counterfeiting, identity theft and terrorism. The FBI also has jurisdiction over state crimes such as kidnapping if the state borders are crossed.
Besides the FBI, state and local police departments may also investigate federal crimes as they have concurrent jurisdiction with the federal government on various criminal offenses. In addition to state police departments, US Marshals Service and state attorneys' offices can conduct investigations into state laws that violate federal laws. All of these organizations work together to ensure that any violation of the law is prosecuted appropriately in order to protect the citizens of the United States.
What Is a State Crime in Florida?
A state crime is any offense that has been prohibited and legally defined by state legislation. In the state of Florida, examples of state crimes include murder and grand theft. Florida state law also prohibits people from being in possession of controlled substances, such as cocaine or marijuana, without a valid prescription written by an authorized medical professional. Additionally, state laws can punish anyone involved in activities associated with prostitution and solicitation. State laws also criminalize certain fraud-related activities, including identity theft, check forgery and insurance fraud. As a result of these state-enacted laws, individuals who commit either state or federal crimes may face serious legal consequences - ranging from monetary fines and jail time to other punitive measures.
Why Should I Involve a Criminal Defense Attorney in Miami?
Federal crimes are particularly serious offenses. The penalties that may be imposed are typically harsher than those enforced on a state level, and federal law enforcement agencies and prosecutors often have more resources and experience to attempt to secure a conviction against you. Having a Miami federal defense lawyer at your side that is knowledgeable and completely dedicated to defending your rights will be essential if you are to have the opportunity at a positive case outcome: of avoiding a conviction and maximum federal penalties.
Most Common Federal Crimes Our Firm Can Assist With:
- Antitrust Violations
- Computer Hacking
- Counterfeiting & Forgery
- Drug Offenses
- Identity Theft
- Insider Trading
- Money Laundering
- Money Structuring
- Multi-Level Marketing Schemes
- Weapons Offenses
What Is the Penalty for Conspiracy?
Conspiracy crimes can carry weighty consequences, regardless of if you followed the conspiracy to completion.
You May Be at Risk for the Following:
- Charges as if you had committed the crime
- Additional penalties for the actions of a co-conspirator
- Increased charges for a crime committed under conspiracy
Any crime, whether at the federal or state level, can be charged as a conspiracy.
What Is Public Corruption?
Public corruption includes a number of different actions all related to a breach of public trust. This may occur at virtually any level of government and includes corruption at a local, state or federal level. Bribery, extortion, blackmail, embezzlement, fraud, and money laundering are all examples of actions which may constitute public corruption.
Public corruption is considered to affect virtually every level of public safety, the judicial system, and politics. As such, federal law enforcement agencies such as The FBI (Federal Bureau of Investigation) will spare no resource when investigating an allegedly corrupt official and will work actively to ensure he or she never holds office again.
What Is Wire Fraud?
Wire fraud is the crime of intentionally defrauding another party or business, through the use of telecommunication or electronic devices, of their money or property. Wire fraud can be committed through computers, phones, emails, television, social media, text messages, and radio. Phishing attempts through email or telemarketing scams are two common forms of wire fraud. The penalties for a wire fraud charge include fines and imprisonment and it is considered a federal offense.
The Benefits of Choosing Attorney Michael Mirer
Attorney Mirer represents clients throughout all of South Florida and has the particular understanding of federal court procedure that is necessary for you to have the greatest opportunity at a positive resolution for your case.
When You Hire the Law Office of Michael Mirer, P.A. You Receive:
- A seasoned defender who has successfully handled over 100 trial and jury cases
- A complimentary, initial consultation that discusses your options confidentially
- An experienced former prosecutor who understands all sides of the law, including how prosecutors handle and charge federal offenses
- A Florida-based criminal defense law firm backed by an unmatched track record, 5-star client reviews, and peer recommendations
Combined with his aggressive legal strategies and complete dedication to his clients' rights and freedom, Mr. Mirer's experience and knowledge will serve to build the foundation of a more effective and forceful defense strategy for your federal case.
Contact the Law Office of Michael Mirer, P.A. at (800) 798-0243 for a free consultation regarding your potential Miami federal defense options!