COVID-19 (Coronavirus) Message From Birrell Law

At Birrell Law, we are committed to helping our clients and those accused of a crime. The Firm will remain open and available to assist our clients throughout the State of Minnesota. Our office is still open, and we are more than likely working remotely and are here to help […]

Why You Should Hire A Federal Defense Attorney

When someone has violated federal criminal law, the case will be prosecuted in a federal court. Federal prosecutors typically have lighter caseloads than state prosecutors. They have the support of federal law enforcement agencies and have many other resources at their disposal. If you’re in a situation like this, you need the support of a federal criminal lawyer. They have the resources and experience needed to build a strong defense for you.

Anyone that’s convicted of a federal offense will face federal prison time and fines. Restitution may also be required. Being convicted of a federal crime can have many other consequences as well. It can have a negative impact professionally and socially, and it could wind up changing the course of your life. That’s why you’ll want to choose the right lawyer to represent you.

Why It’s Important To Hire A Federal Criminal Attorney

There are many types of crimes that are classified as federal criminal violations. These include white-collar crimes and certain types of drug offenses. Any federal crime will be investigated by a federal law enforcement agencies. Examples of these agencies include the IRS, DEA, SEC, ATF, and FBI. These cases must be prosecuted by the federal justice department. Facing these kinds of charges can be terrifying.

Typically federal law enforcement agencies and prosecutors have smaller caseloads than state officers do. Furthermore, they have a greater number of resources that they can access. The people that work for these agencies have specialized training, and agents typically focus on specific types of federal crimes. Offenses these agencies handle include human trafficking, child pornography, conspiracy violations, and drug crimes. Because of this, it’s essential for you to work with a skilled and experienced attorney that is willing to fight for you.

If you’re the subject of a federal investigation, or if you’ve been charged with a federal crime, you need to reach out to a federal criminal attorney immediately. Meet with a lawyer so they can tell you more about what they can do to help you.

White Collar Crimes

People often assume that white-collar crimes are less severe than other types of crimes, including crimes that are typically prosecuted at a state level. However, these crimes are viewed in a serious light by the federal government. The punishments for white-collar crimes are often very severe.

What is a white-collar crime? It’s a type of nonviolent crime in which the defendant engaged in fraudulent behaviors or schemes for their own financial gain. Because white-collar crimes are perceived as serious by the federal government, they work hard to investigate and prosecute these types of crimes. Anyone that has been charged with a crime like this will want to meet with a federal criminal lawyer as soon as possible. An experienced attorney will be able to talk over your options with you. A law firm that specializes in federal criminal cases will also have the resourced needed to defend you.

Examples of federal white-collar crimes include:

* Money laundering

* Defrauding government programs

* Online fraud

* Embezzlement

* Mortgage fraud

* Identity theft

* Sex crimes

* Conspiracy

* Securities fraud

* Insurance fraud

* Mail fraud

* Medicare fraud

* Bankruptcy fraud

* Violating environmental law

* Financial fraud

* Telemarketing fraud

* Bribery

* Tax Evasion

The Consequences For Federal White-Collar Crimes

White-collar crimes are taken very seriously by both federal prosecutors and law enforcement agencies. Although these crimes are nonviolent in nature, they can be devastating for victims. Families and businesses can experience significant losses because of the fraudulent actions of white-collar criminals. As a result of this, these types of offenses have serious consequences. If someone is convicted of a white-collar crime, they will be facing severe penalties.

If you’re currently being investigated for a federal crime by a federal law enforcement agency, the outcome of the investigation and trial could impact the rest of your life. If you are convicted, the penalties you are facing could include:

* Mandatory minimum federal prison sentences

* Significant fines

* Forfeiture of assets

* Paying restitution

* Supervision from a parole officer

The consequences of a federal conviction can impact your life even after your sentence has been completed. Potential consequences could include:

* Employment restrictions

* Restrictions on travel

* Losing professional licenses

You Can Get The Assistance You Need From A Federal Criminal Lawyer

Experienced federal criminal attorneys are able to build strong defenses for federal crimes. These crimes could involve search and seizure, suspect confessions, and they could have issues with entrapment. Your attorney can attack the evidence that the prosecution has obtained if the U.S. Constitution was violated when evidence was being collected. If a challenge is successful, a case could be dismissed. This could also provide you with leverage when making a plea bargain agreement, which means the penalties you are facing could be reduced.

The laws regulated federal crimes can be more complicated than the procedures and laws that are used for state crimes. You’ll want to work with an experienced federal criminal attorney that has successfully defended many people that have been accused of a federal crime.

How Does Federal Court Differ From State Court?

What are the differences in court procedures between state and federal court? State courts mimic bigger national courts in a number of ways.

Circuit Courts

The most significant difference between state and federal courts is that state courts are where state laws are enforced, while federal courts manage national laws. State constitutions empower state courts, but the United States constitution is what empowers a federal court. You should keep in mind that, although states can set their own laws, federal law takes precedence over state law. Every state has a supreme court that handles appeals at the state level. At the federal level, there are district courts, with the United States Supreme Court at the top. There are several categories in federal courts. However, many state courts are focused on a specific area of practice, such as family court or small claims courts. If a party is unhappy with a decision made by a federal court, it may be possible for them to have their case heard by one of the thirteen U.S. Courts of Appeals. In a state court, it is required to make appeals through the state appellate court. If cases have already gone through the U.S. Court of Appeals, they may be heard by the Supreme Court. The Supreme Court is the highest authority, which means they will have the final say in any cases that they hear. Every state has its own Supreme Court. In most cases, a state’s Supreme Court will make the final determination in the cases that they hear. Only some state-level cases are heard by the U.S. Supreme Court.

How Judges Are Appointed

For a judge to take a seat at a federal court, they must be nominated for the position by the President. The Senate must then confirm the nomination. In many cases, these are lifelong appointments. With that said, if a judge displays behavior that is inappropriate, it is possible that they may be impeached by congress. In contrast, judges at the state court may be elected, or they may be appointed by the state for a period of time. While lifetime appointments are possible, it is also possible for a judge to lose their seat if they are in violation of a state’s constitution.

Court Cases

Both state and federal courts oversee criminal cases. However, some types of cases are typically handled by a federal court, while other cases are usually handled at the state level. In most cases, a dispute that is being resolved at the state level will not be heard by the United States Supreme Court, even if a party appeals a state decision. The U.S. Supreme Court is able to decide which cases they want to hear.

Some types of cases that the federal courts hear are:

* Cases determining whether or not a law is constitutional

* Conflicts revolving around national law or government treaties

* Cases that U.S. ambassadors or public ministers are involved in

* Federal law violations

* Bankruptcy

* Maritime law

* Habeas corpus

Cases that are typically handled at a state level include:

* Most criminal cases

* Contract disputes

* Family law

* Estate laws and will disputes

* Personal injury cases

* Small claims cases

State and federal courts have different processes for handling criminal cases. The steps of the process, from charging to prosecution to trials, are different at the state and federal level.

The Investigative Process

The criminal justice process starts after someone is arrested. The state police do not investigate federal crimes. Federal agents, like the FBI or the DEA, are the ones that handle these investigations. After the investigation, state police may assist with arrests. Court proceedings can start after arrests have been made.

Initial Court Appearances

Once someone has been arrested, they will make their initial court appearance. This appearance will not take place at the California State court. Instead, it will take place at the Federal court that is nearest your county. This appearance has a lot in common with preliminary hearings. What makes it different is that the case will not begin with a prosecutor making a case for probable cause. Instead, a defendant will be brought in front of a judge. The judge will decide whether or not proceedings will continue. The court can appoint an attorney if a defendant is not able to find a private attorney. If a judge believes that there is enough evidence to establish reasonable cause, the case will move forward and will enter the arraignment stage.

The Arraignment Stage

During the arraignment, a defendant will be asked to formally read the charges against them. They will have the option to enter a plea. This process is the same in state courts. When a defendant has legal representation, their lawyer will provide assistance with this process. If they have talked over options with the prosecutor, they may advise the defendant to enter a guilty plea.

Pretrial

If a plea of “not guilty” is entered at the arraignment, the case will go to trial. The pretrial period is the next step of the process. This is when discoveries and motions can take place. Motions operate in the same way at the state and federal level. Motions can be used to dismiss charges or suppress certain pieces of evidence. Any motions must be approved by the judge that is overseeing the case. During the period, it is still possible for a defendant to make a plea bargain.

The Trial Stage

If the prosecution and defense are unable to reach a plea bargain agreement, the case will move forward and enter the trial stage. Trials in all courts follow standard procedures. During this time, the prosecution, defense, and judge will select a jury using the voir dire process. After the jury has been selected, the trial will move forward. Trials operate in the same way at the state and federal level. Opening statements are made, evidence is presented, and closing arguments are made. The jury will deliberate before announcing their verdict. If a defendant is found guilty, the judge will sentence them.

Appeals

If a defendant is found guilty, they have the right to file an appeal if they believe that an error was made in either the courtroom procedure or the legal process. Even if an appeal is successful, a defendant will not necessarily be released, and the guilty verdict will not necessarily be overturned. Still, an appeal is the best option in cases where some sort of error was made.

About Federal Crimes

A defendant that’s been charged with a criminal crime may eventually learn that their crime has been classified as a federal offense. If a defendant violated federal laws, they have committed a federal crime. They need to be tried in federal courts rather than state courts. In most cases, a federal crime is an offense involving an activity that is regulated by federal law. For example, mail tampering and tax evasion are considered to be federal crimes. When an individual has violated federal law, they must be prosecuted according to federal guidelines. State and federal crimes have several distinct differences.

Jurisdiction

There are many factors that separate state crimes from federal ones, and jurisdiction is one of them. When you’re considering jurisdiction, one of the primary things you’ll want to look at is whether a crime occurred on state property of federal property. If someone vandalized the recreation center in their town, the crime would have taken place on state property. If they vandalized a national park, the crime would have been committed on federal property, which means that the federal government has jurisdiction over the crime.

Federal crimes are typically investigated by a U.S. government agency, like the NSA, DEA, or FBI. In most cases, agencies work alongside local law enforcement. For example, state law enforcement officers may assist government agencies when they are making arrests.

Hearings for federal crimes will take place in a U.S. District Courthouse. A U.S. district attorney will prosecute federal crimes. The prosecutor has the burden of proof. They must provide evidence that proves guilt beyond a reasonable doubt when the case goes to court.

Double Jeopardy

Double Jeopardy laws state that a person cannot be charged for the same crime twice. However, it’s possible to be found guilty of a crime at both a state and federal level. Many defendants are taken aback by this. If an individual robs a bank, it’s likely that the bank is insured through the FDIC. The crime is committed, and the culprit is apprehended. When the defendant is speaking with lawyers, they may learn that they are being charged with both state and federal crimes, which can be a huge shock.

States are considered to be sovereign entities within the U.S., which is another sovereign entity. If someone has violated state laws and robbed a bank, they will face state charges. Because the culprit has robbed a bank that is federally insured and regulated, they will face federal charges for the crime as well. The defendant is not being charged twice for the same crime. Instead, they are being charged for violating state laws and being charged for violating federal laws.

In the majority of cases, the state sentence will be added to the federal sentence is a guilty verdict is found in both of the cases. This can lead to a much longer sentence for a crime. Some states have minimum sentences for a crime. A federal sentence will not change the minimum sentence for a state crime.

Contact us today to learn more.

Finding a Great Attorney for a Federal Crime Case

Have you learned that there’s been a federal crime investigation open against you? When you’ve been indicted on federal crime charges finding an excellent attorney to defend you is highly important. How is this accomplished?
It takes an excellent criminal defense attorney to win these types of cases. Some have the instinct to choose a lawyer they hired previously who does not have the expertise to represent them in this manner. The lawyer who helped you buy your home isn’t going to be able to create an excellent defense for serious charges, neither is the lawyer who charges the lowest price. Attorneys who make large guarantees may not be able to fulfill them. Some choose to find an attorney based on word of mouth. It’s important to find an attorney that’s invested in the fight. One that’s after quick money doesn’t make excellent representation.

Finding a lawyer can be extremely stressful for most people. The anxiety is often rooted in knowing that your liberty is in jeopardy. Finding a good attorney can mean a fair outcome. Avoiding a lengthy prison sentence is highly important. Paying attention to these quality tips may help you find an attorney that can help this case reach the right resolution. These tips will help you understand the difference between an attorney to hire and one to avoid.
Their understanding of federal crime law

It’s highly important to get an attorney who understands the ins and outs of federal crime law. Those who need treatment for cancer do not go to a highly acclaimed plastic surgeon just because they are good at what they do. Understand that prestige does not always equal expertise. If you are experiencing an indictment against you, it’s important to hire an attorney that is an expert in that area of criminal law. It’s important to find an attorney that mainly practices criminal federal law and not civil. State criminal attorneys are also inadequate to fight for you in federal court. State and federal law are often quite different. It’s wise to pick an attorney who’s stepped inside a federal criminal court before.

Do you understand the importance of hiring an attorney who specializes in this field of law? If you haven’t learned by now, federal cases often come with harsher potential consequences. The statutory sentences are often high, and the financial repercussions can be severe. These can include forfeiture and fines. The prosecutors hired on our nation’s side are often the most aggressive prosecutors in the nation, excluding Texas. A large caseload often makes it difficult for state prosecutors to do their best. This isn’t a burden federal criminal prosecutors are forced to deal with. They have more time to put you in jail. Federal judges are often very strict. They do not tolerate delays as many state judges do. They expect expert preparation from both sides. Because of all that’s stacked against you, it’s important to find an attorney with expert knowledge and experience practicing law on the federal stage. You need one that is going to work as long as it takes to make an excellent case on your side.
It’s important to fully comprehend the attorney’s background, experience, and knowledge of his field before continuing on with this process. You should consider asking this list of questions before you allow the attorney to represent you:
How many people has he represented on the federal stage? How many sentencing court hearings has he attended in a federal court room? How much time has passed since he stepped into a federal courtroom? What were the types of cases he provided representation for?

A successful result can be different depending on the type of case and the situations behind it. You should look at these examples to gain a thorough understanding of what lawyers can do for you in court:
-Those who have not been charged yet should seek out an attorney that can prevent one being brought against them.
-It isn’t too late if charges have been brought against you. An attorney should be able to have you found innocent if there isn’t enough evidence to prove you guilty. The attorney may even be able to convince the prosecution to drop the charges.
-If the law has been violated and there is no way to reach being found innocent, the best bet your attorney has to help you is to have your punishment reduced.
It’s important to have prior knowledge of the attorney before choosing one to represent you. An attorney’s record should be looked through. It’s important to note that each case is different. Any outcomes that happened in previous cases may not be similar to the one that’s going to happen in yours; however, it is important to ask the attorney about his track record before hiring him. It’s still an important part of understanding if this attorney can help protect you against the prosecution that is now being formed against you. Never hire an attorney that won’t answer your questions or answers them in a suspicious way.

Sentencing Guidelines for Offences in Federal Courts

When a crime is prosecuted in a federal court the trials will follow federal procedures. It only makes sense for a federal court to set their own guidelines when sentencing in their own courts. These guidelines were actually enacted fairly recently as a result of some sentencing discrepancies. This enactment took place in 1984 and is called the Sentencing Reform Act of 1984.

Before this time, a sentence was given in a maximum and minimum time served and the details would be decided by the prison board. But, under the new system the dates and time served can be set at the time of sentencing.

This functions better both for the defendants and the prison systems. Now the defendant will receive their sentencing at one point and will not have to work with the prison board to determine how much longer their sentence will last.

Offense Seriousness

Offenses will be evaluated by their seriousness when being prosecuted in federal court. If a crime is especially heinous, it will be considered more serious and merit a more severe sentencing. There are set guidelines for determining which of the 43 degrees of severity the crime in question will fall into. Each crime will be given its base sentence and then the level severity can be increased or decreased from this point.

For example, if the crime was robbery, the offense is already severe. But, if the defendant also brandished a weapon the severity rises. If a firearm was discharged during the robbery, the severity level of the crime can rise higher.

The severity may be decreased if the defendant’s role in the crime was minor. But, if the defendant chose the victim because of their age, mental state or some other vulnerability, the charges may be more severe. The specific adjustments and characteristics of a crime can be affected by many factors related.

Criminal History Category

Another important factor that will be taken into account will be the criminal record of the defendant. The specifics of their criminal record can have them placed into 1 of six categories identified by Roman numerals.
The first is the least severe category, reserved for first time offenders. At the other end of the line in category six are the more severe categories. These are reserved for defendants with a longer history of more serious criminal activity.

The Guideline Range

To determine the final official offense level all the factors will be considered. First the adjustments and characteristics of the crime itself will be applied. After the level of the crime is determined it will be connected to an appropriate prison sentence as laid out on a table, listed by months.

Then again, if the offense is especially high, or the criminal history category more severe, the sentence applied to the defendant can be much more severe.

The 3 Key Steps After You Receive A Target Letter

For most people, most of the time, being targeted by a federal investigation is so unlikely that it sounds like the punchline of a joke. Things turn very serious very quickly when you receive a target letter and learn you are, in fact, being investigated. For most people who receive target letters, the correspondence is a sign that your worst fears may be about to come true.

If you get a target letter yourself, here are the key steps you need to take:

1) Understand Exactly What A Target Letter Is

In essence, a target letter is an official notice informing you that an investigation is targeting you. Target letters are sent by United States attorneys. Letters often come with a request to cooperate with the authorities (this is called a “proffer”) in exchange for some protection from the investigation. Cooperation can take many forms, including turning over evidence, agreeing to be interviewed by agents, or testifying to a grand jury.

The objective of a target letter is usually to intimidate you. The serious consequences that come along with a federal investigation are powerful motivators. Many recipients will be willing or even eager to cooperate, especially if they believe they are earning protection for themselves.

Remember the Miranda warning you’ve seen on television so many times: Anything you say can and will be used against you in court. This still holds very true when federal authorities use a target letter to compel your cooperation. It is essential to protect yourself with strong legal counsel.

2) Get An Attorney

If a target letter arrives in your mailbox, you know with certainty that federal agents are investigating you. Their investigations may have already reached an advanced stage; you may even be at risk of arrest. In many cases, you will not be the first to receive a target letter. Other people associated with you and the subject of the investigation will receive similar letters and similar instructions. The chance to earn leniency by cooperating with the authorities operates on a first-come, first-served basis. If you do decide to proffer, it will be less effective the later you do it.

For the overwhelming majority of people, being the subject of a federal investigation is unfamiliar territory. You don’t want to take steps that admit or imply guilt, but you also don’t want others to implicate you. Trust an experienced attorney to guide you through this perilous process. Ways a lawyer can help include:

* Protecting you from unintentionally waiving important rights. Any information you share with federal prosecutors becomes admissible evidence in court. You need to have strong legal protections in place before you provide any information at all.

* Ensuring that, if you elect to pursue one, you get a fair plea deal. If you decide to plead guilty to a federal charge, the range of potential deals prosecutors can offer you is very wide. Let your attorney advise you on whether or not a given plea bargain is worth taking.

* Keeping the government from cutting corners. With vigilant legal counsel, you can protect yourself from false accusations or cases where the evidence against you is weak. In these circumstances, you will likely want your lawyer to take your case to court.

* Preparing you for testimony, depositions, and trials. Legal expertise is vital to ensuring that you answer questions truthfully and honestly without accidentally harming your case.

3) Destroy No Evidence

One integral part of a target letter is identifying the agency conducting the investigation. You will generally have had some sort of contact with the specific agency involved, and from that contact, you can probably guess as to the subject of the investigation. Once you know that, you may be tempted to hide, alter, or destroy what you consider to be incriminating evidence.

Willful destruction of evidence in a federal investigation is in itself a federal crime. (The relevant law is 18 USC § 1519.)

It’s a good idea to review anything that you consider to be evidence with your attorney. Your lawyer can use the information you provide to anticipate the likely steps the U.S. attorney is going to take in your case.

Have you received a target letter from a federal agency? Do not panic if you have. Remember that “innocent until proven guilty” still applies to you. But you should also remember that the federal government can bring tremendous, nearly unlimited, resources to bear on your case. You need the strongest possible defense, and a lawyer with significant federal experience will be essential in mounting such a defense.