There are many different types of criminal defense lawyers. Most spend their time in state courts defending clients in state criminal actions. Other criminal defense attorney practice in both federal and state courts.
This article focuses mainly on the federal criminal defense attorney.
Federal Criminal Defense Attorneys
If you are a target in a federal criminal investigation, it is to your advantage to consult with an experienced federal crimes attorney. Preferably one with substantial trial experience in federal court.
Federal Criminal Courts, Agencies and Crimes
A federal crime is any violation of any federal law, including those laws promulgated by dozens of federal regulatory agencies.
Each agency has jurisdiction, federal purpose, and administrative rules and procedures that must be strictly followed.
The federal criminal justice system, its judges, rules of procedure, and evidence can vastly differ from state court systems and rules.
Moreover, the federal rules of evidence and procedure tend to be more rigid, the indictment process more complex, and the federal criminal sentencing phase more punitive.
Federal District Courts
According to the Federal Government Census, the United States has 94 federal district courts. These federal trial courts possess original jurisdiction over federal matters and issues of law.
One or more district courts have been established in every state, including the District of Columbia. Federal courts are primarily found in large metropolitan areas.
Federal Enforcement Agencies
Crimes that involve federal agencies trigger federal jurisdiction. Examples include:
- Internal Revenue Service (IRS)
- Department of Homeland Security (DHS),
- Food and Drug Administration (FDA),
- U.S. Citizenship and Immigration Services (USCIS)
- Department of Housing and Urban Development (HUD)
- Securities and Exchange Commission (SEC).
Federal Crimes
Federal criminal defense attorneys handle the following types of federal cases:
- extortion
- money laundering
- cyber-crimes
- immigration fraud
- racketeering
- drug trafficking and distribution across state lines
- securities fraud
- asset forfeiture
- insider corporate trading
- price-fixing
- medicare fraud
- tax evasion
- counterfeiting
- environmental law violations
- kidnappings involving crossing state lines
Business Crimes Demanding Federal Legal Expertise
Banking and Mortgage Fraud
The financial collapse back in 2008 implicated the core leadership of national central banks, securities brokerage firms, mortgage companies, and a host of other types of white-collar financial institutions.
Consequently, the focus on prosecuting white-collar crimes by federal enforcement agencies has grown in importance in recent years. As a result, federal criminal defense attorneys have been in strong demand, and their fees reflect it.
Another consequence of increased criminal filings for financial crimes is that they tend to be more sophisticated and paper-intensive.
Federal Tax Crimes
Federal attorneys sometimes must retain financial experts such as forensic accountants and tax specialists who can testify on various business and accounting practices.
This makes defending financial crime cases time-intensive, expensive, and more complex. It also requires the federal defense attorney to know more about financial forensics and complex business structures.
Consequently, large business and banking-based law firms have been expanding their white-collar defense practice and have been known to earn fees above $900.00 an hour for their services.
Locating & Retaining A Federal Crimes Attorney
Finding an experienced federal criminal defense attorney is much easier in larger metropolitan areas, especially in those cities where federal district courts are located.
How To Find A Qualified Federal Criminal Defense Attorney
- Referrals – Go to your lawyer first for a referral to a federal criminal defense attorney. Most lawyers know other lawyers who practice in different areas of the law. Explain that you want to find a lawyer who regularly practices in federal criminal court and has a good reputation.
- Internet Search – An online search is an excellent way to locate a federal crimes attorney. We suggest you first locate and identify the closest city to you that is home to a federal district court. Once you have found such a city, search under federal crimes attorneys in that area. We recommend reviewing at least five federal practice sites before choosing a few to visit. Take your time here. Visit at least three separate federal defense attorneys before making a choice.
- Online Legal Resources – Several online legal resource directories include detailed profiles of federal defense lawyers and essential information on the federal criminal justice process and related services.
Questions To Ask A Federal Crimes Defense Attorney
We advise not hiring the first federal crimes attorney you interview. It would help if you were selective by asking many questions about their prior federal experience.
- How many cases have you represented that were similar to mine?
- How many federal cases have they tried to a verdict?
- Will you be the actual trial attorney in your case?
- What is the lawyer’s specific expertise within the firm’s federal practice?
- Who is your typical federal client?
- What are your legal fees and costs, and how do you bill a client?
- In your expert opinion, what is the likely outcome in my case?
- What will be your approach to winning a case such as mine?
Unable to Afford a Private Attorney?
If you cannot afford representation and financially qualify, you may be able to secure a federally appointed attorney at no charge.
Technically, the appointed attorney has the same responsibilities and duties as a retained attorney, except that the government compensates the appointed attorney rather than you.
Unfortunately, the appointed attorney will rarely have the time or resources to dedicate the time to provide you with a zealous defense – you will likely get the basics, and your case will likely be settled rather than litigated through trial.
