What makes a crime a federal offense?
A federal crime is a violation of a statute passed by the
United States Congress. A state crime is a violation of a
statute or ordinance passed by the state legislature or a
local authority. Usually the federal crime addresses criminal
activity or a more national concern. For example, crimes that
cross state lines or the international border trigger federal
jurisdiction. Some federal crimes involve narcotics, bank
robbery, fraudulent activity that affects interstate commerce,
wire fraud, mail fraud or tax fraud, any crime in which the
United States is defrauded, guns, environmental crimes, and
civil rights violations. Some crimes may violate both state
and federal laws, such as bank robbery. In these cases, the
U.S. Attorney's Office works closely with state and local
law enforcement officials to determine whether a case will
be brought in federal or state court.
Can I be prosecuted in both state and
federal court?
Yes. In certain circumstances crimes that occur within the
boundaries of a state are also subject to federal prosecution.
The authority to prosecute a state crime derives from the
state government while the United State Attorney's power stems
from the federal government.
What should I do if I am arrested?
Immediately invoke your right to an attorney. Politely refuse
to answer any questions until you have a lawyer to assist
you. Do not answer any questions or attempt to give your side
of the story. Anything you say will be used in the case against
you and will not serve to help you. Your attorney is better
at negotiating with the police than you are, what he says
can't be used against you. Further, your attorney can turn
meaningless "promises by the police" into binding
legal agreements with the prosecutor, perhaps obtaining immunity
for you.
If the police don't read my rights, can
my case be dismissed?
No, not necessarily. We have all heard the "rights"
being read to many suspects on television and in the movies,
and this has caused some confusion. The police officer does
not have to read anybody their "rights" unless that
officer intends to obtain a statement or confession from a
suspect. If the officer does not want to record what you have
to say and use it against you, he does not have to read you
your rights.
However, if the officer wants to ask you some questions other
than your name and address, he must advise you that you don't
have to answer his questions, that if you do, anything you
say can be used against you and that you have a right to a
lawyer before you answer any questions. It is amazing how
many people will answer the officer's questions in some vain
attempt to cooperate which gives their defense attorney headaches
trying to defend the case later on.
Can the police ever search me without
a warrant?
Yes. There are numerous circumstances under which a search
may lawfully be made without a warrant. Some general areas
of exception where a search can be made without a warrant
are:
* If the safety of the police officer is involved;
* Whether the police are in hot pursuit of a criminal;
* When they see illegal evidence in plain view;
* If they are engaged in temporary questioning;
* If a person consents to being searched; and/or
* If they have made a lawful arrest.
What is an indictment?
An indictment is a formal written accusation naming specific
persons and crimes. An indictment may be issued by a grand
jury if they determine that the evidence presented to them
is sufficient to support the charges brought against you.
The Fifth Amendment to the U.S. Constitution safeguards your
right to a preliminary hearing by a grand jury in major federal
cases. The U.S. Constitution stipulates that no person may
be tried in a federal court for a serious offense without
a formal indictment, but beware that less than 50% of the
states honor your constitutional right to a preliminary hearing.
Make sure that your attorney insists on your Fifth Amendment
rights.
What are the federal Sentencing Guidelines?
In federal court, if a defendant is found guilty or pleads
guilty, the judge assesses punishment in accordance with the
Sentencing Guidelines. The United States Sentencing Guidelines
manual contains the rules for determining the range within
which a judge's sentence must fall. Factors that go into the
determination include, the offense for which the defendant
was convicted; certain factors about the offense such as how
much money was involved in a financial crime, the role of
the defendant in the overall scheme and other factors concerning
the defendant's conduct; and the defendant's criminal record.
The court must sentence within the applicable guideline range
(expressed in a range of months) unless the case is extremely
unusual or qualifies for one of the few exceptions allowing
the judge to depart from the guidelines. Guideline sentencing
is a complicated aspect of federal criminal cases. It is important
that a person accused of a federal offense retain an attorney
that is familiar with the guideline system.
Do you guarantee the results of a case?
Absolutely not. It would be unethical to state that the results
are guaranteed. A lawyer can only warrant their best efforts
in representing a client.
What other consequences of a criminal
conviction?
In many cases, they can be disastrous. Certain sex crimes
require a life long registration. In cases of immigrants,
a conviction and sentence of certain crimes can result in
deportation, denial of naturalization and citizenship, and
permanent exclusion from this country. In short banishment.
Furthermore, if a person attempts to cross the border, they
face federal charges. In the case of professionals, a conviction
can be grounds for license revocation.
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