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What You Should Know About Federal Drug Trafficking Charges
Possessing, selling, or distributing drugs can be a serious offense that carries serious charges, no matter where you live. When you are charged with drug trafficking, however, the sentence and corresponding fines can be even more severe. If you have been charged in federal court with drug trafficking, it is imperative to immediately speak with a legal professional. The longer you wait to understand the charges you are facing and what options you have, the more difficult it may be to build a proper case to mitigate the effects of the charges.
The first step in any criminal case is to understand the type of charge and exactly what it means. The differences between drug trafficking and distributing are many, but the basic difference is that a drug trafficking charge will likely be a federal charge while a possession or simple distribution charge most often will be handled at the state level. Federal charges generally carry longer sentences and can have a more severe effect on a person’s long-term record.
What Is the Burden of Proof in a Federal Criminal Case?
In any criminal case—including a federal criminal case—the prosecutors bear the burden of proof to demonstrate that the defendant has committed the crime in question. But, what does it mean to prove the defendant’s guilt? The standard of proof in a criminal case is “beyond a reasonable doubt,” which means that the jury or the judge must believe “beyond a reasonable doubt” that the suspect did what prosecutors say he or she did. The tricky part of this standard, however, is defining reasonable doubt.
Defining Reasonable Doubt
Depending on the case in question, prosecutors may attempt to explain to jurors what reasonable doubt means. Defense attorneys sometimes present a definition of their own, as well. For example, a prosecuting attorney in California once compared the standard to a puzzle that is missing a single piece, suggesting that even with a missing piece, it was still clear what the puzzle showed. The case resulted in a conviction that was later overturned on appeal because by attempting to define reasonable doubt, the prosecutor effectively told jurors they could convict the defendant based on incomplete information.
4 Mistakes to Avoid When Facing Federal Criminal Charges
When you are charged with a federal criminal offense, you are likely to be very upset and confused. You might not know how you ended up being charged, and you probably have serious concerns about how the case will play out. These are all understandable feelings, but if left unchecked, they can lead to you taking the wrong type of action. You could find yourself doing things that might actually harm your case and make things worse for yourself. If you are facing federal charges, be aware of these common mistakes so that you can avoid them.
1. Careless Posting on Social Media
When a person is arrested on any criminal charges, he or she is given the Miranda warnings. These warnings remind a person of his or her right to an attorney and the right to remain silent. They also remind the suspect that anything he or she says can be used against him or her. It is critical to remember that this does not just apply to conversations or interrogations with the police. Anything you say at any time, including what you post on Facebook, Instagram, or any other social media platform, could be used by prosecutors against you. The best advice is to stay away from social media entirely while your case is ongoing, but you should absolutely avoid posting anything related to the case or the alleged crime.
What Are Some of the Most Common Federal Firearms Offenses?
The laws that govern firearms on a federal level can be very complex, and a conviction on federal firearms charges can lead to serious criminal penalties. In addition, these laws also give prosecutors a variety of ways to prosecute those suspected of such offenses. As a result, federal prosecution of gun-related crimes has increased in recent decades. With this in mind, it is important to understand the law and how it might apply if you are ever facing federal weapons charges.
Illegal Selling of Firearms
There are a number of federal statutes that pertain to selling firearms, including requirements for licensing and the restriction of moving certain types of firearms from one state to another. Under Title 18, Section 922 (a) of the United States Code, it is illegal to sell firearms across state lines unless the seller has a license to do so. If you are convicted of interstate selling of firearms without a license, you could face five years in federal prison.
What You Should Know About the Federal Crime of Money Laundering
If you have ever watched crime shows on television, you are probably familiar with the term “money laundering.” While most people know that money laundering is illegal, many are not sure about what it actually means. Money laundering is a very serious offense that is prosecutable at both the state and federal level, and as a federal offense, it carries the possibility of severe criminal penalties.
Understanding Money Laundering
Money laundering, in general, refers to a process through which a person or group of people attempts to conceal the sources, control, or ownership of money that was generated from certain crimes. It is common for money to be “laundered” by moving it to and from separate accounts, including foreign accounts, or by concealing funds amidst the revenue of seemingly legitimate businesses.
Many different types of crimes could generate funds that a person or criminal enterprise would wish to launder, including but not limited to:
Federal Investigations: When Is It Time to Call an Attorney?
Criminal offenses can be prosecuted at either the state or federal level depending on a number of factors, including the nature of the alleged crime, where the offense allegedly took place, and how the alleged crime was supposedly committed. Most crimes are handled by local police departments and county prosecutors, and the charges for such offenses are filed in the circuit court of the county in which they occurred. Circuit courts are part of the state court system.
Sometimes, however, an offense is charged as a federal crime. In such a case, the investigation is usually supervised by one or more federal agencies, and a United States Attorney files the charge in United States District Court. A federal offense is an extremely serious matter, and it is important to contact a qualified federal crimes defense attorney as soon you realize that federal charges are even remotely possible. The question, of course, is: How do you know when charges are becoming possible?
What Are the Defenses to White Collar Crimes?
White collar crimes are non-violent offenses that are typically committed for financial gain. Embezzlement, securities fraud, money laundering, and insider trading are all common examples of white-collar crimes. The FBI aggressively investigates these crimes and federal prosecutors are always very eager to secure a conviction in these cases. Although white collar crimes do not involve violence, convictions still carry high fines and lengthy terms in federal prison.
Anyone charged with a white collar crime must work with a federal criminal defense attorney that understands the defenses for these crimes and how to use them effectively. If you are facing charges, below are the most common defenses used in these cases.
Finding Weaknesses in the Prosecution’s Case
Federal prosecutors typically do not take cases to trial unless they have a fair amount of evidence and have built a strong case against the defendant. Still, this does not mean that every case a prosecutor takes is ironclad. A defense attorney will find holes or errors in a prosecutor’s case, and disprove key points in their argument to have the case dismissed.
Defending Against Federal Charges for Carjacking
Different states have varying laws on carjacking. Many people do not understand, however, that this offense can also be charged as a federal crime. When carjacking is prosecuted at the federal level, the prison sentences for those convicted are typically much longer, and the fines are also much higher as compared to those for a conviction at the state level. Fortunately, there are possible defenses to such charges. To understand what they are, you first must understand when carjacking becomes a federal crime and what the prosecution must prove to secure a conviction.
When Is Carjacking Considered a Federal Crime?
Under 18 USC 2119, carjacking is a federal crime when a person takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce. Essentially, the vehicle must cross state or country lines for the crime to be considered a federal offense.
The law states that for federal carjacking to have occurred, a vehicle must be taken from someone else by use of force, violence, or intimidation. The statute also includes attempting to use force or intimidation, even if these attempts are unsuccessful. Additionally, under the federal statute, that force or intimidation must be done with the intention of causing death or serious bodily harm.
New Measure to Make Voting System Hacking a Federal Offense
In most cases, a computer-related crime that is committed anywhere in the U.S. can usually be prosecuted as a federal offense. Of course, each state maintains its own laws regarding computer-based offenses, but such crimes typically involve the internet, which places them under the jurisdiction of federal authorities and the United States federal justice system. For example, those accused of using computers to facilitate drug or weapons trafficking or the exchange of child pornography will usually find themselves facing charges in federal court. The same is true for “hackers” who gain unauthorized access to computer networks or systems via the internet. But what about voting system hacking?
This knowledge—combined with the rampant allegations and rumors of voting-related fraud during the current election campaign—you may be surprised to discover that federal authorities do not currently have a concise process available to prosecute any suspect who is alleged to have hacked a voting system. Late last month, the U.S. House of Representatives took a clear step forward in addressing this problem by unanimously passing a measure that will give the U.S. Justice Department a statutory basis from which to prosecute voter system hacking in federal court.
What You Need to Know About the Crime of Mail Fraud
The crime of mail fraud was first addressed by the federal government in the mid-1800s after evidence surfaced that people were using the U.S. mail system to conduct various scams. The interstate nature of the mail (and eventually wire service) effectively required the matter to be one of federal interest. As a result, in 1872, it became a federal crime for a person to use mail services—and now the internet—to willingly and knowingly deprive another person of their money, property, and/or services.
It is important to keep in mind that in order for an act or scheme to constitute mail or wire fraud, it must intend to defraud another party by means of wire communication or the mail. This means that an advertisement for a legitimate product or service—even one that is deceptive or misleading—is not generally considered fraudulent. The intent of the accused is the key to the case. The suspect must have intended to obtain something for nothing in order for the act to constitute fraud.
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