 Tucson Federal Criminal Defense Attorney American criminal law is enforced, in most places, by both the state and federal courts. Although the U.S. Constitution does not provide for a federal police power, the Federal Government has extended its power to include legislating a broad range of conduct as Federal Crimes, most of which are contained within Title 18 of the United States Code and Title 21 of the United States Code ("Controlled Substances Act"). Federal law enforcement and prosecuting agencies are generally much better funded than their local counterparts, and federal legislation usually calls for harsher punishments. For defendants, this means that facing federal charges, even for nonviolent offenses, can mean facing decades in federal prison. Federal crimes are prosecuted by the US Attorney's Office and are heard at the trial level at the United States District Courts. In Tucson, the Federal District Courthouse is the Evo A. DeConcini United States Courthouse, located at 405 W Congress Street. If you or a loved one has been arrested, charged with a federal crime, or is under investigation by the Drug Enforcement Administration ("DEA"), Federal Bureau of Investigation ("FBI"), Bureau of Alcohol, Tobacco and Firearms ("ATF"), Customs and Border Protection ("CBP") or other federal agency, contact the Tucson Defenders now for a Free Consultation with a Tucson Federal Criminal Defense Attorney. If you are facing state level charges, visit our PRACTICE AREAS page for more information. COMMON FEDERAL CRIMES Federal law enforcement agencies often engage in sophisticated investigative operations, using tactics such as undercover agents, wiretapping, confidential informants, and more. These thorough investigations often involve larger criminal enterprises and organized crime. Some of the most commonly charged federal offenses include conspiracy, drug trafficking, mail/wire fraud, bank robbery, Racketeer Influenced and Corrupt Organizations Act ("RICO"), identity theft, counterfeiting, tax evasion, and child pornography. Federal charges that are often triggered by state arrests include felon in possession of a firearm, and illegal re-entry. Not all federal charges stem from federal investigations; sometimes a simple traffic stop by a local law enforcement agency can lead to federal charges. Drug crimes make up more than 25% of federal cases nationwide, and Arizona is one of the top five districts for drug trafficking cases. More information about Drug Trafficking More information about Robbery More information about Fraud Crimes More information about Forgery/Counterfeiting Offenses More information about Money Laundering Crimes More information about Marijuana Crimes / Marijuana Cultivation Crimes More information about Felon in Possession of a Firearm Crimes More information about Weapon Offenses More information about Embezzlement Defense More information about Importing Drugs Laws GRADING OF FEDERAL CRIMES Federal crimes are broken into Felonies, Misdemeanors, and Infractions. Felonies are the most serious category of offenses, and are divided into five classes (Class A-E). Class A felonies are punishable by life imprisonment or death, Class B felonies are punishable by 25 years or more, Class C felonies are punishable by more than 10 years but less than 25 years, Class D felonies are punishable by five to 10 years, and Class E felonies are punishable by less than 5 years. Federal misdemeanors are also divided into classes (Class A-C) and are all punishable by less than one year. Infractions are punishable by a fine or up to five days of incarceration. Federal misdemeanor and infraction charges often result from unlawful conduct on federal land, such as driving under the influence at a federal park. FEDERAL SENTENCING GUIDELINES The Federal Sentencing Guidelines are based on two factors: 1. the offense level, and 2. the criminal history category. The offense level is a grading of the seriousness of the crime itself. There are 43 offense levels, determined by looking at the charges and applying adjustments based on conduct. There are six levels of criminal history. With offense level on one axis, and criminal history on the other, the sentencing range will fall within one of four zones: A, B, C, or D. The Federal Sentencing Guidelines may have been intended to be mandatory, but have been ruled advisory. This means that federal judges do have the power to sentence outside of the range provided by the guidelines. TIMELINE FOR A FEDERAL CASE Every case is different, but there is some standardization in how cases are handled in federal court. While most federal criminal cases start with a federal investigation (by the FBI, DEA, IRS, etc.), sometimes federal authorities are made aware of a federal crime after an arrest, whether those federal charges are related to the original arrest or not. A subject of a federal investigation may be approached by the investigating agency and made aware of the investigation before arrest, or might be blindsided by an arrest. After initial contact or arrest, the government will sometimes attempt to leverage charges in exchange for cooperation. Felony defendants are usually brought before a judge in the custody of federal agents before a Magistrate Court. They are informed of the charges against them, the maximum penalties, and asked whether they can afford an attorney. The magistrate judge will then make a determination of whether to release the defendant or require bail. Next, there will be an indictment or a preliminary hearing, and an arraignment in the District Court, in front of the judge who will preside over the rest of the case. Next, there can be a number of pretrial motions filed, including motions to suppress evidence or motions to dismiss. During this time, plea negotiations may be ongoing with the prosecution, or a defendant can plead and leave sentencing up to the judge. Cases that cannot be dismissed or settled go on to a jury trial. If there is a conviction, whether by plea or by guilty verdict at trial, the case will then proceed to sentencing. HOW YOU CAN MITIGATE YOUR SENTENCE There are numerous ways to reduce exposure in a federal criminal case. Of course beating a charge, whether by trial or motion, is the best way, but federal cases have an overwhelming conviction rate. Sentences can be mitigated by establishing facts showing the conduct warrants a lower offense level might generally be applied. Some examples include acceptance of responsibility, minimal participant, etc. Additionally, it may be possible to clean up some other criminal history to attain a lower criminal history score. Additionally, downward departures/variances from the guidelines are available where distinctions can be made to justify imposing a lesser sentence. Federal crimes are serious, and carry hefty consequences; having a lawyer who understands how to work within the guidelines can be the most important part of a federal criminal case. Diminished capacity, voluntary disclosure, and post-sentencing rehabilitative efforts are some examples of the arguments some offenders might have to reduce their time behind bars. WHEN IS IT BEST TO GET AN ATTORNEY? Having an attorney at every stage of a case would be ideal. Of course most federal defendants are not made aware of an investigation until it has already been underway for some time, but it is best to get an attorney as soon as you become aware of a criminal investigation. In some cases, handling the investigation correctly can avoid criminal charges. In court, defendants who cannot afford an attorney are appointed the Federal Public Defender. Individuals who can afford to hire a private attorney may do so at any point during a case. Again, if you are going to hire an attorney to represent you, it makes the most sense to do so at earliest stage possible. IF YOU OR A LOVED ONE IS FACING FEDERAL CHARGES OR A FEDERAL INVESTIGATION, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY. WE CAN GO OVER YOUR CASE, EVALUATE POSSIBLE DEFENSES, AND GET TO WORK PROTECTING YOUR RIGHTS AND LIBERTY.
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November 2024
DISCLAIMER: The information provided on this website is for informational purposes only, and is not intended to be legal advice, nor to create an attorney-client relationship.
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