Federal Criminal Defense Attorney Located in Miami serving all of Florida
If you have been charged with a federal crime, finding the right defense lawyer is vitally important. You not only need an experienced Miami federal criminal defense attorney; you also need someone who knows their way around a federal court.
This combination can be difficult to find. Not every criminal defense lawyer can do federal criminal defense, experience matters.
The Hansen Law Firm : Federal Defense Team
Thankfully, South Florida residents know they can turn to The Hansen Law Firm for their federal criminal defense needs.
The Hansen Law Firm can provide outstanding defense help for charges that include:
- White Collar Crime. This is a broad term for most non-violent federal criminal charges that are based on fraud or deceit.
- Mortgage Fraud. In this type of charge, the FBI is accusing the individual of fraud during the mortgage process—from obtaining the mortgage to foreclosure.
- Tax Fraud. The IRS investigates those who are charged with tax fraud. They often suspect that there has been scheme to avoid paying taxes all together or to significantly decrease tax debt.
- Social Security Fraud. The Social Security Administration will prosecute those who are suspected of abusing this benefit system.
- Drug Trafficking. Moving drugs generally is a federal crime in most circumstances. These charges can also involve the sale, manufacture, and cultivation of illegal substances.
- Medicare Fraud. The Office of the Inspector General deals with situations that may involve Medicare fraud. This type of charge usually starts because Medicare believes it is paying out based on false or incorrect information.
Locations, we are serving for:
How Federal Criminal Defense Differs from State Law Criminal Defense
Preparing a defense for a federal criminal charge is very different when compared to state court. It is important to find a federal criminal defense attorney who has experience with federal criminal charges—not just state charges. The Hansen Law Firm has extensive experience in both of these legal arenas.
The first significant difference is the investigation in federal charges. Federal charges often involve federal entities like the FBI, IRS, SEC, and others. Federal cases sometimes have investigations that will last for months or even years before they make any arrests. Given these long and extensive investigations, it can be difficult to know whether you are a suspect.
It is important to have legal representation even in the investigation phase. Federal investigations are tricky, and what may seem like a simple fact investigation could actually end up to be more of an interrogation. A federal criminal defense attorney is a “must-have” any time that a federal agency requests to speak with you, even if it may seem innocent.
2. Complaint and Arrest
A magistrate judge will first issue a complaint that states probable cause exists to arrest an individual. Once a suspect is arrested, they are brought to a Pre-Trial Service Officer. This person is an employee of the United States Probation Office, and he or she will ask the individual questions about their criminal history, drug use, and financial information. Based on this interview, the Officer will recommend whether the individual should be released while the case is pending or not.
It is important to note that once an individual is arrested, he or she may not actually be formally indicted until 30 days after the arrest.
3. Preliminary Hearing, Initial Appearance, and Arraignment
The first few steps in the federal criminal process are comparable to what state courts will do. During the initial appearance, a judge will inform the accused of the complaint against him or her and discuss the right to an attorney. The accused also has a right to a preliminary hearing wherein they challenge the government’s finding of probable cause for the arrest.
One of the major differences in this process is that there is no bond system at the federal level. Instead, a judge will have a hearing to determine whether you should be detained or not. This is in addition to the interview with the Pre-Trial Services Officer. There is a presumption of non-release for those who are accused of drug offenses. At the arraignment, the accused will enter a plea of guilty or not guilty.
Pleading in Federal Criminal Charges
The plea bargaining process is similar in the federal court compared to state court. However, it is far more likely to see plea bargains in federal court. This could be because the process is more time consuming and complicated, or it could be that those accused do not want to risk having a significantly higher penalty than what is being offered. Whatever the reason—an estimated 90 percent of federal criminal cases end in plea bargains.
- Top Four Common Federal Crimes
- What You Need to Know About the Federal Criminal Charging Process
- The Basics of Federal Criminal Sentencing
Need An Experienced Miami Federal Criminal Defense Attorney
If you have been charged with a federal crime, you need an experienced and trustworthy federal criminal defense lawyer. It is important to have an federal criminal defense attorney who will not only work hard for you, but also give you the reality of your situation.
The Hansen Law Firm will be there for you or your loved one in this time of need. Call (305) 666-1603 for more information.