Contact the attorneys at Sandman, Finn & Fitzhugh for a FREE CONSULTATION on federal charges in Raleigh and the Eastern District of North Carolina.
A Comprehensive Guide to the Legal Process in Federal Court
If you have received a target letter and you are facing an investigation for a federal crime or if you have been charged with a crime in federal court, you should seek help from an experienced federal attorney at once. Only a lawyer who understands the complexities and subtle variations of federal criminal law and procedure can help you navigate the process that lies in front of you and seek an outcome that protects you and your future.
At the law offices of Sandman, Finn, and Fitzhugh Attorneys at Law, we have criminal law experience with over 23 years of representing clients who have been charged with both federal and state crimes. Contact us today for a free consultation and learn more about how we can help you.
The Difference Between a State and Federal Criminal Case
A federal criminal case differs from a state case in that a federal crime is governed by U.S. Code: Title 18 and will be prosecuted as this code defines if it allegedly involves:
- Violation of federal law
- Actions that occurred on federal property
- Offenses committed by federal employees
- Crossing state lines
A federal crime is handled in federal court, whereas a state crime is prosecuted in a state court. State crimes typically involve violations of state laws like theft or assault, while federal crimes usually involve violations of federal laws or those that impact multiple states or national interests. Federal crimes often carry harsher penalties than state offenses.
Additionally, in contrast to a state crime, a federal crime in the Raleigh area is prosecuted by a U.S. Attorney, not a District Attorney, and the investigative agency is a federal one like the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), or the U.S. Securities and Exchange Commission (SEC), instead of a local police department.
State vs. Federal Criminal Cases
| Federal Cases | State Cases | |
|---|---|---|
| Prosecution Authority: | Handled by U.S. Attorneys | Handled by District Attorneys |
| Jurisdiction: | Tried in U.S. District Court | Tried in State Court |
| Federal Crime Criteria: | Violations of federal laws, actions on federal property, crossing state lines | Violations of state laws, city ordinances, or county/municipal statutes |
| Investigative Agencies: | Agencies like the FBI, DEA, or SEC | Police and Sheriff Departments, State Bureau of Investigation |
| Sentencing Guidelines: | Federal sentencing procedures differ from those in state law | Based on a structured sentencing system |
| Complexity and Severity: | Often involve more severe penalties and complex legal frameworks | Based on felony classes, prior record level, aggravating and mitigating factors |
Types of Federal Crimes
Federal crimes in North Carolina include a wide range of offenses, including but not limited to:
- Drug Crimes: Crimes such as trafficking, drug possession with intent to distribute, and conspiracy to distribute drugs
- White Collar Crimes: Crimes such as mail fraud, bank fraud, insurance fraud, wire fraud, embezzlement, cybercrime, money laundering, tax evasion, and counterfeiting
- Violent Crimes: Crimes such as kidnapping, armed robbery, and homicide when committed on federal property or involving interstate activities
- Gun Charges
- Human Trafficking
- Child Pornography
- Sex Crimes involving interstate travel
What Happens in a Federal Court Case
It’s important to know what you can expect if you are facing federal charges. In North Carolina, a federal court case will have a defendant who either pleads guilty or proceeds to trial before a District Judge. If the case goes to trial, a jury of 12 citizens must find the defendant guilty beyond a reasonable doubt. After a guilty plea or verdict, the judge will sentence the defendant according to the U.S. Sentencing Guidelines, which consider factors like the defendant’s criminal history. Appeals are heard by the Fourth U.S. Circuit Court of Appeals, which has its headquarters in Richmond, Virginia.
Here is a more specific breakdown of the process:
1. Arrest, Initial Appearance, and Bail
A federal criminal case typically starts with an arrest. Within 48 hours after the arrest, the defendant appears before a U.S. Magistrate Judge to determine whether he/she can be released on bail or his/her own recognizance.
2. Investigation and Indictment
If a federal crime is suspected, law enforcement investigates, and a federal grand jury may review the evidence. If the grand jury finds probable cause, they will issue an indictment, which is a formal accusation of a crime.
3. Discovery
The same as a state prosecutor, a federal prosecutor must provide evidence it could use to convict, including all documents, photos, video, witness statements, and forensic evidence, such as DNA or fingerprint analysis results.
4. Criminal Diversion
After being charged, for certain offenders, a federal prosecutor may agree to allow you to enter a pre-trial diversion program. If you complete it successfully, the prosecutor can dismiss your charge. First-time offenders who have no prior felony convictions and defendants of non-violent crimes may be given this option.
5. Arraignment and Plea
The defendant is then arraigned, where they are formally read the charges and asked to enter a plea of either guilty, not guilty or no contest.
6. Trial
If the defendant pleads not guilty, the case proceeds to trial. The government, represented by the U.S. Attorney, must prove the charges to the jury beyond a reasonable doubt. For more information about the trial process in federal court, see “What is the Trial Process in Federal Court?”
7. Trial Process
The trial involves the opening statements, presentation of evidence (including testimony and documents), cross-examination of witnesses, and closing arguments.
8. Jury Deliberation
If there is a jury trial, the jury deliberates to determine the facts and reach a verdict.
9. Sentencing
If the defendant is found guilty or pleads guilty, the United States District Judge will sentence them.
10. Appeal
A defendant can appeal the conviction or sentence to the Fourth Circuit Court of Appeals.
Federal Sentencing Guidelines
One of the biggest differences between state and federal criminal cases lies in the federal sentencing guidelines (see U.S. Sentencing Commission’s Guidelines Manual). These rules are lengthy and complex. Your federal attorney will have a solid knowledge of how these guidelines can be applied to your case and be prepared to offer evidence to help extenuate the punishment you face if convicted.
Hire a Raleigh Federal Criminal Defense Attorney
Contact the attorneys at Sandman, Finn & Fitzhugh for a FREE CONSULTATION on federal charges in Raleigh and the Eastern District of North Carolina.
Common Defenses for Federal Crimes
Despite the many differences between state and federal criminal law, the possible defenses available at trial are highly similar.
Here are some of the most commonly offered defenses:
- Self Defense: Self-defense is the most common defense in violent crime cases, arguing that the defendant’s actions were justified to protect themselves or others from harm.
- Entrapment: Entrapment posits that the government induced the defendant to commit a crime they otherwise wouldn’t have committed.
- Duress: Duress argues that the defendant committed the crime because they were forced to do so by someone else.
- Insanity: Insanity claims that the defendant was not in a proper mental state when they committed the crime.
- Constitutional Violations: This defense asserts that the government violated the defendant’s rights, such as the right to a fair trial or freedom from unreasonable searches and seizures.
- Alibi: This defense claims that the defendant was not at the scene of the crime when it was committed.
- Venue: A venue defense claims that the case should not be heard in the current jurisdiction.
- Entrapment by Estoppel: This defense is similar to entrapment, but it focuses on the government’s misrepresentation or misleading conduct that led the defendant to believe they could commit the crime without legal consequences.
- Lack of Intent: This defense argues that the defendant did not have the necessary intent to commit the crime.
- Lack of Evidence: Lack of evidence challenges the sufficiency or reliability of the evidence presented by the prosecution.
- Statute of Limitations: This defense argues that the prosecution has waited too long to bring the case, and the time to prosecute has passed.
Mistaken Identity: This defense argues that the defendant was not the person who committed the crime.Failure of Proof: This defense argues that the prosecution has not proven each element of the crime beyond a reasonable doubt.
Why You Should Hire a Raleigh Federal Criminal Defense Attorney
Hiring a federal defense attorney is crucial when facing serious federal charges or investigations. As stated earlier, federal cases involve complex laws and procedures. A skilled attorney such as the federal attorneys at Sandman, Finn, and Fitzhugh can provide expert guidance, protect your rights, and help you navigate the legal process effectively.
Reasons for hiring a federal defense attorney:
- Expertise in Federal Law: Federal law is distinct from state law, and federal cases often involve serious crimes with significant penalties. A federal defense attorney has the knowledge and experience to understand the complexities of federal court procedures, rules of evidence, and sentencing guidelines, all of which can be critical for building a strong defense.
- Protection of Your Rights: Federal agents and prosecutors have extensive resources, and you risk making incriminating statements or waiving your rights if you don’t have legal representation. A federal defense attorney will ensure your rights are protected throughout the investigation and legal process, including during interviews, searches, and court proceedings.
- Building a Strong Defense: A federal defense attorney can investigate the charges, gather evidence, and develop a tailored defense strategy based on your specific case. They can also negotiate with prosecutors to potentially reduce or dismiss charges, and they can represent you effectively at trial if necessary.
- Early Intervention Benefits: Hiring an attorney early in the investigation or if you’re even just under suspicion can be beneficial. It allows them to gather evidence, protect your rights, and potentially prevent charges from being filed in the first place.
- Navigating Complex Federal Procedures: Federal court proceedings involve unique rules and procedures that differ from state courts. A federal defense attorney is familiar with these procedures and can help you navigate the legal system effectively.
- Mitigating Penalties: A skilled attorney can help you understand the potential penalties associated with federal charges and can work to mitigate those penalties through plea negotiations, sentencing arguments, or by challenging the prosecution’s case.
- Access to Resources and Expertise: Federal defense attorneys often have connections to experts who can assist with investigations, forensic analysis, and other areas of expertise–all of which can strengthen your defense.
- Professional Guidance and Advocacy: A federal defense attorney will provide expert legal advice and guide you through the legal process, helping you understand your options and make informed decisions. They will also be your advocate, representing your interests and fighting for the best possible outcome.
Receive a Free Consultation on Eastern District of North Carolina Federal Charges
If you are being investigated for or are facing federal criminal charges in the Eastern District of N.C., you need to be proactive and work with an experienced federal criminal defense attorney. Our federal lawyer, Bill Finn, has been in the court system both as a prosecutor and a defense attorney for over 25 years. He knows the complexities of federal cases and uses that knowledge to represent you effectively. He has the experience to navigate all types of federal cases and is dedicated to advocating for his clients and building strong defense strategies. Schedule a free consultation today at (919) 845-6688 or fill out the form to get the legal representation you need.