Las Vegas Federal Criminal Defense Attorney
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Federal Criminal Defense Attorney In Las Vegas, NV
Federal offenses are those which violate federal law. These crimes often take place across state lines, on federal property, or on Native American reservations. Title 18 of the United States federal criminal and penal code outlines many of the crimes that can be prosecuted in federal court by U.S. Attorney offices. Several federal agencies are utilized to investigate criminal activity and bring the offender(s) to justice. If you have been arrested or charged, or if there is a federal investigation against you for possible criminal conduct in Nevada, then you need a Las Vegas federal criminal defense attorney who practices in federal court and understands how these cases typically play out.
When you come to the Spartacus Law Firm, you can rest assured knowing that your best interest is always in mind. Our criminal defense lawyer has undergone rigorous training and exams to represent those in Nevada facing serious criminal charges. When you’re put in this situation, you need an attorney with this level of experience when you’re up against federal investigators and prosecutors because their goal is usually to punish people as much as possible under the law.
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ToggleWhat Is A Federal Crime?
The United States has two types of criminal prosecutions: state and federal. State charges are handled in state court, while federal crimes go through a different set of procedures and regulations in federal court. If you’re facing federal charges, it’s crucial that you find a Las Vegas federal criminal defense attorney who specializes in this area to help with your case.
Not only do federal crimes result in more significant penalties, but prison sentences are usually harsher than those resulting from state crimes. The length of the prison sentence depends on how severe the crime is and whether it’s classified as a felony or misdemeanor. Federal felonies are divided into classes and someone convicted of a Class A federal felony, for example, can receive a maximum prison term of life in prison and a fine of up to $250,000. Our Las Vegas federal criminal defense attorney can assist clients who need help with the following:
- Drug Conspiracy, as prohibited by 21 U.S.C. § 846 – Conspiracy to
- Medicare and Medicaid Fraud, as prohibited by 18 U.S.C § 1347 – Health Care Fraud
- Money Laundering, as prohibited by 18 U.S.C § 1956 – Money Laundering
- Mortgage Fraud, 18 U.S.C. § 1341 – Wire Fraud Statute and 18 U.S.C. § 1343 – Mail Fraud Statute
- RICO Act and Racketeering Crimes, 18 U.S.C. §§ 1961–1968
- Tax Fraud, 26 U.S.C. § 7201 – Attempt to Evade or Defeat Tax
- Internet Crimes Defense, 26 U.S.C. § 7201 – Computer Fraud and Abuse Act (“CFAA”)
- Securities Fraud, 18 U.S.C. § 1348 – Securities and Commodities Fraud and 18 U.S.C. § 3301 – Securities Fraud Offenses
- Insurance Fraud, 18 U.S.C. § 1033 – Federal Insurance Fraud
- Immigration Consequences, 18 U.S.C. § 1546 – Immigration Fraud and Misuse of Visas
- Forgery, 18 U.S.C. § 1324(c) – Document Fraud and Uttering Forged Instruments
- Embezzlement, 18 U.S.C. § 641 – Theft of Money, Property or Other Items of Material Value
- Federal Appeals, 28 U.S. Code § 1291 – Final Decisions of District Courts – 28 U.S. Code § 2107 – Time for Appeal to Court of Appeals
What To Do When You Learn You Are Under Investigation For A Federal Offense
Realizing that the federal government might criminally charge you is daunting, but there are steps you can take to defend yourself. Unlike state court proceedings, federal prosecutors heavily research and prepare their cases before filing any formal charges. This means that by the time you learn of the investigation, they have likely already decided on your involvement. When you are under investigation for a federal crime, it is important to keep a few things in mind. In many cases, prosecutors will have already presented their case to a grand jury, which found that there was probable cause to believe you committed the crimes in question.
Defenses To Federal Crimes
Almost every federal crime has one or more defenses that can be used to demonstrate your innocence. These defenses show the court that you were not guilty of the crime, or even if you are guilty, your actions were justified and punishable. Some possible defenses for a federal case include:
Misconduct During The Investigation Of The Crime
Federal law enforcement officials often charge someone with a crime only after completing an in-depth investigation. During this process, they must adhere to many of the same rules as state and local police follow when investigating potential state crimes. This includes executing proper search warrant protocol to ensure searches and seizures of evidence fall within constitutional confines. If not, a court can deem the evidence invalid, which puts your case at a significant disadvantage.
Failing To Read You Your Miranda Rights
If you are arrested for violating state law, federal agents must read you your rights. Your Las Vegas federal criminal defense attorney can ask the court to ignore any statements or evidence gathered as a result of the agents’ not letting you know of your right to remain silent.
A Lack Of Evidence
Though a case may be charged federally, this does not mean it will be easy to prove in court. The prosecutor is still responsible for proving your guilt beyond a reasonable doubt. If there isn’t enough evidence to support this claim, you could be acquitted. Evidence law and procedure are notoriously complex, so don’t entrust your defense to anyone who is inexperienced in the field. Despite its challenges, having a knowledgeable criminal defense lawyer on your side remains one of the best defenses against federal crimes.
Self-Defense
Federal law also provides an excuse for committing crimes such as murder if you were defending yourself from imminent death or serious bodily injury. There are certain conditions to be met before self-defense will cause the charges to be dropped (or for you to be acquitted), and your qualified Las Vegas federal criminal defense attorney will explore ways to ensure that self-defense can be used to avoid a conviction.
Entrapment
The federal government may use “sting” operations or other methods to arrest and prosecute individuals who have committed crimes. There are times, however, when these attempts go too far. If you believe this is the case for you, your attorney may be able to demonstrate that the police tricked you into committing a crime through their actions or persuasion.
Frequently Asked Questions
Who Investigates Federal Crimes?
If you have been charged with a federal crime, it is necessary for you to hire a Las Vegas federal criminal defense attorney. The U.S. government has different agencies that are responsible for investigating federal crimes, and these agencies have unlimited resources and experience at their disposal. Some common agencies to be aware of include:
- The Federal Bureau of Investigation (FBI): The FBI deals with many types of federal crimes, for example: murder, cybercrimes, rape, kidnapping as well credit card and bank fraud. In addition to that, the prevention of mail fraud falls under their jurisdiction too.
- Drug Enforcement Agency (DEA): The DEA investigates federal drug crimes, such as drug trafficking, manufacturing, and possession of a controlled substance, typically investigated by the Drug Enforcement Agency (DEA).
- The Bureau of Alcohol, Tobacco, Firearms, and Explosive (ATF): The ATF is responsible for federal crimes that involve arson, bombings, weapons, and explosives. Other crimes under their jurisdiction include violent crimes, unlawful possession of a weapon, and unlawful firearms trafficking.
Once you’ve been notified of an impending investigation, you’ll more than likely receive a letter from one of these entities. Ahead of responding, it’s essential that you seek legal counsel immediately. Oftentimes people make things worse for themselves when interacting with law enforcement because officers are trained to mislead individuals in order to get the statements they need for prosecution.
How Are Federal Courts Structured In Nevada?
The government agency that is responsible for prosecuting federal criminal cases in Nevada is the U.S. Attorney’s Office of the District of Nevada. The prosecutors who work for this office are called Assistant United States Attorneys (AUSAs). AUSA can be thought of as the federal equivalent of deputy district attorneys in state court. Similar to many state courts, the federal court system has three tiers: 1) District courts on the bottom, 2) Circuit courts in the middle, and 3) the U.S Supreme Court at the top.
1.1 District Court
- Federal district courts issue criminal charges, hold trials and impose sentences.
- Nevada has only one district court for the whole state, called the U.S. District Court, District of Nevada.
- Nevada District Court has locations in Las Vegas and Reno.
1.2 Circuit Court
- Circuit Courts hear criminal appeals of district court cases.
- In Nevada, federal defendants appeal their cases to the Ninth Circuit Court of Appeals. The Ninth Circuit is like the federal version of the Nevada Court of Appeals.
1.3 Supreme Court
- The top tier of the federal court system is the U.S. Supreme Court.
- The U.S. Supreme Court is like the federal version of the Nevada Supreme Court.
- The U.S. Supreme Court is located in Washington, D.C.
Contact Our Las Vegas Federal Criminal Defense Attorney Today
If you were accused of a federal misdemeanor or felony in Las Vegas, Clark County, or other cities in Nevada, look no further. The Spartacus Law Firm is an experienced criminal defense firm that will defend your rights throughout the entire process. With many years of success defending clients against federal charges, you can trust that our Las Vegas federal criminal defense attorney will do everything possible to get the best outcome for your case. The minute you think you’re under federal investigation, reach out to Chandon Alexander. Do not say anything to federal agents without an attorney present. Contact us immediately for a consultation to discuss your case further and learn more about how we can help.