Miami Federal Criminal Defense Lawyer

Miami Federal Criminal Defense Attorney

The majority of criminal cases are handled at the state level, but increasingly, more are handled federally. These crimes are typically much more severe and can have more significant penalties upon conviction. If you are being federally investigated or charged, you need to find an experienced Miami federal criminal defense lawyer. A skilled defense attorney can help you navigate the case and ensure you understand what to expect.

It can be overwhelming to be charged with a federal offense. It is essential that you take the necessary steps to protect your future by working with an attorney.

A knowledgeable and dedicated criminal defense attorney can help you prepare for interviews and investigations, as well as protect your rights throughout these processes. They can provide you with a clear and realistic understanding of the charges against you and your options for defense. With an attorney, you have the greatest chance of avoiding or mitigating the effects of a conviction.

The Kirlew Law Firm: Aggressive Federal Criminal Defense in Miami

At The Kirlew Law Firm, we can provide you with the legal support you need when you are investigated, arrested, or charged with a federal crime. Brian Kirlew is a skilled criminal defense attorney who aggressively protects the rights of his clients. As a former public defender, Brian Kirlew has years of experience defending clients in trials. This includes significant experience in federal courts for many types of criminal offenses.

The team at The Kirlew Law Firm can assist you when you face serious federal charges in Miami. We help families and individuals all throughout the greater South Florida area. Our firm understands the complexities of many different types of criminal cases, from drug trafficking to racketeering and fraud offenses. Our broad knowledge of criminal law helps us defend those involved in complex criminal cases.

Conviction of a federal crime can result in months or years in federal prison, significant fines, the loss of certain civil rights, and the long-term effects of a criminal record. These penalties can affect your freedom in the short term and your opportunities for the rest of your life. It is crucial that you do all you can to avoid these consequences. By having an experienced and dedicated attorney by your side, you are more likely to avoid the most serious penalties or even avoid conviction entirely.

When Does a Criminal Charge Become Federal?

State criminal charges occur when an individual, group, or business breaks a state law. When these crimes occur within state jurisdiction, they are prosecuted at the state level.

When the crime is significant, violates federal law, crosses state lines, or occurs in multiple states, it is tried as a federal crime in federal courts. Certain crimes are automatically federal offenses, such as counterfeiting, terrorism, bankruptcy fraud, and immigration offenses. Federal law also applies when the crime occurs on federal property, such as governmental buildings, national parks, or veterans’ hospitals.

Crimes that are usually state crimes but may become federal due to crossing state boundaries typically include:

• Drug trafficking and other drug crimes
• Mail and wire fraud
• Money laundering
• Cybercrimes
• Distribution of prohibited pornography
• Kidnapping
• Sex crimes against children
• Sex trafficking

When a crime is federal, it becomes much more serious.

Common Federal Criminal Cases Handled By The Kirlew Law Firm in Miami

There are many types of federal criminal cases, including different types of fraud, crimes that cross state boundaries, and other serious offenses.

When you are searching for criminal defense lawyers, it’s important to review their specific experience. It can be beneficial to hire an attorney who has previously worked on similar federal defense cases in the past. An attorney with this experience is more likely to know what resources, information, and evidence will help your case. This makes your defense even more efficient.

At The Kirlew Law Firm, we can navigate some of the following criminal defense cases:

• Drug offenses, including possession, sale, and trafficking
• RICO (Racketeering Influenced and Corrupt Organizations) Act crimes
• Immigration offenses, such as alien smuggling
• White-collar crimes, including conspiracy, embezzlement, and identity theft
• Fraud offenses, such as mail fraud, mortgage fraud, wire fraud, Medicare fraud, and counterfeiting
• Federal tax offenses, such as tax evasion
• Kidnapping or murder crossing state lines
• Federal firearm offenses
• Sex crimes, including cybersex crimes like child pornography
• Internet crimes, including sex crimes and fraud crimes committed online

Understanding these criminal offenses can help you understand the consequences you face. The sooner you get in contact with a defense lawyer, the better you can protect your interests and your future.

Federal Drug Offenses

Drug offenses are criminalized under both state and federal law, so the federal court could potentially prosecute any drug crime. Certain defendants find themselves facing both state and federal charges. Typically, federal agencies focus on significant drug crime operations that move high levels of controlled substances through state borders and out of the country.

Drug crimes include possession, distribution, and manufacturing. Drug trafficking is the crime of distributing high amounts or specific types of controlled substances. Federal agencies focus on these larger drug rings, but you could also face federal prosecution if you were arrested for drug crimes on federal property. This is true even for minor possession charges.

If you are being charged with federal drug crimes, it is essential that you secure legal support. These offenses are punished very harshly and can have severe consequences on your life.

Federal Tax Offenses

Tax evasion and tax fraud can be charged for both state and federal taxes. Federal charges for tax evasion are brought by the IRS for deliberately avoiding paying your taxes and ignoring all efforts to contact you.

Tax fraud occurs when you deliberately lie or provide inaccurate information to limit the amount of taxes you must pay, such as by underreporting your income. The IRS may address both state and federal taxes. If you are facing an audit or investigation, an attorney can help you navigate this situation.

RICO, Fraud, and White-Collar Crimes

White-collar crimes are financially motivated and nonviolent. These types of offenses can range from money laundering to fraud to conspiracy. White-collar crimes can also involve more complex organized crime and RICO charges. Some of the many types of fraud, RICO, and other white-collar offenses include:

• Insurance Fraud
• Wire and Bank Fraud
• Mail Fraud
• Identity Theft
• Forgery
• Counterfeiting
• Insider Trading
• Mortgage Fraud
• Credit Card Fraud
• Embezzlement
• Private Healthcare Fraud
• Medicaid and Medicare Fraud
• Bankruptcy Fraud
• Racketeering
• Trade Secret Theft
• Intellectual Property Theft
• Securities Fraud
• Money Laundering
• Bribery
• Extortion
• Public Corruption

The consequences of a white-collar crime will often include paying back the victims of the financial crime in addition to other criminal penalties. These crimes may be handled federally when the victims of the crimes are in different states, if the crime targets a private entity like an insurance company or bank, or if a specific crime like counterfeiting has been committed.

If you have been charged with a white-collar crime or RICO offense, you need to find an experienced attorney. An attorney who has worked on similar cases has the resources to investigate and interpret financial crimes, including through the use of a forensic accountant when necessary.

Federal Sex Crimes

Sex crimes are charged federally when they cross state lines. This may include transporting individuals over state lines in sex trafficking or for prostitution. It may also include crossing state lines for sexual activity with a minor or communication across states to offer those activities with a minor. The possession, distribution, or reproduction of child pornography is also charged federally.

These crimes are treated incredibly seriously. Prosecutors push for harsh penalties, particularly when crimes are committed against children. It is important to get strong legal representation to protect your future and your reputation.

Cybercrimes

Cybercrimes often include sex crimes and white-collar crimes, as those are the most frequently committed cybercrimes. Because they occur online, the jurisdiction is more likely not to remain within one state’s borders. Fraud crimes often occur online, such as email fraud and phishing. Other forms of cybercrimes include violations and theft of intellectual property, as well as crimes against computers and users.

An attorney can help you protect your interests if you’ve been charged with a cybercrime.

Agencies That Investigate Federal Offenses

Several federal agencies have the authority to investigate, charge, and prosecute federal crimes committed by individuals and businesses. Some of these agencies include:

• Federal Bureau of Investigation (FBI)
• Department of Justice (DOJ) and U.S. Attorney’s Office
• Internal Revenue Service (IRS)
• Office of Inspector General (OIG)
• U.S. Secret Service (USSS)
• Drug Enforcement Administration (DEA)
• U.S. Immigration and Customs Enforcement (ICE)
• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
• U.S. Postal Inspection Service (USPIS)

Federal agencies have significant resources to find, investigate, and prosecute criminal activity. These agencies work to protect the general public.

Even if you did not commit a crime, it is important to have an attorney by your side if you are being federally investigated. If you don’t, you may find yourself facing charges for something you didn’t do. In other cases, the charges could be more severe than your actions warranted. An attorney can protect your rights and help prevent these agencies from taking advantage of you.

The Process of Federal Investigation and Prosecution

If you are suspected of committing a federal crime, the relevant federal agency or agencies will begin an investigation. This investigation may be going on for some time before you become aware of it.

If you are questioned as part of the investigation, it is crucial that you speak with an attorney. This may prevent you from saying anything incriminating that could be used to convict you. The investigating agency may use anything you say to build a case and press charges against you, and you may say something incriminating even if you have done nothing wrong. An attorney can work to prevent charges from being brought against you and protect your rights.

Before federal charges can be pressed against you, the federal prosecutor must present their evidence to the grand jury. The jury then decides whether the prosecutor has sufficient evidence to be considered probable cause to press charges. If the answer is yes, the prosecution can file charges.

This is not a criminal trial, as it only gives the prosecution the ability to press charges after their investigation and before the criminal statute of limitations expires. An attorney can explain your options for a grand jury subpoena.

Once formal charges have been pressed, the criminal process can begin. This does not necessarily mean your case will go to trial. Your attorney may be able to file motions to suppress significant evidence or negotiate a plea deal if appropriate. Each of these situations may result in the charges against you being dropped before trial.

How Does a Federal Criminal Defense Attorney Benefit You?

Hiring a federal criminal defense attorney means you are more likely to avoid significant penalties for a criminal offense, and you may even avoid conviction altogether. Working with an attorney gives you the greatest legal protection possible.

If you don’t have an attorney, you are more likely to face significant criminal penalties for crimes you did not commit. You’re also more likely to receive an unfair sentence if you forgo legal representation. You’ll have to navigate the criminal justice system alone, which can be incredibly difficult and overwhelming.

Even if you are innocent, you could still be found guilty in court and potentially face the loss of your freedom for years. You cannot assume that the court will side with you, regardless of the circumstances of your case.

You have the right to legal representation, and you need to take advantage of that right. A defense attorney can provide you with benefits such as:

• Legal Knowledge and Guidance: A criminal defense attorney should have experience in cases like yours and can provide invaluable information. They can help ensure you meet important legal deadlines, file the appropriate pre-trial motions, and follow the legal expectations as the case proceeds.There are many legal requirements that must be adhered to. Even if you are aware of these requirements, it can be difficult to manage them without the legal knowledge of an attorney.

• Emotional Support and Honest Opinions: Being investigated for or charged with a federal crime can be incredibly stressful, regardless of whether or not you have faced criminal charges in the past. Having a defense attorney by your side can give you much more confidence and peace of mind regarding your case.An attorney can help you understand the situation you are facing, give you an honest explanation of the likely outcomes of your case, and provide straightforward advice on your next steps. A lawyer provides you with support and helps you make informed choices about your future.

• Legal Resources and Investigations: Federal criminal defense firms have significant resources to help with these cases. This includes resources to privately investigate your case to uncover necessary evidence and information.An attorney also has access to expert witnesses and professionals in relevant fields. These individuals can provide testimony that supports your case. These resources can be immensely useful to defend your rights and provide an accurate picture of the criminal offense.

• Negotiating With the Prosecution: If a plea deal is the ideal solution for your criminal case, you need an attorney who can successfully negotiate with the prosecution.A plea deal often means you plead guilty to a lesser offense or avoid a conviction on your record in exchange for alternate sentencing. An attorney is effective at negotiating these deals, and they can also explain whether accepting a deal would be beneficial. In some cases, plea deals are offered, but a strong trial defense could be better in your specific situation.

• Arguing Your Defense in Court: If your case does go to court, your defense attorney can represent you in trial. They will determine the ideal method of legal defense and ensure your rights are respected throughout the court process. During a stressful trial, you can put your confidence in your defense attorney.

With a skilled legal team by your side, you may be able to avoid years of financial and personal consequences from a federal conviction. At The Kirlew Law Firm, we have extensive knowledge of state and federal criminal laws, and we are proud to aggressively fight for our clients’ interests.

The Potential Consequences of a Federal Offense

Being convicted of a federal offense can lead to life-altering penalties. These may include:

• Months to years in federal prison
• Significant fines
• Probation
• Restitution to victims
• Loss of civil rights
• Permanent criminal record

These penalties can be incredibly harmful to your personal and financial well-being. Certain federal crimes result in the loss of your right to own a firearm or your right to vote.

The long-term consequences of a federal criminal record are some of the most serious results of a conviction. A criminal record is part of the public record, meaning it will appear on background checks. It can mean you lose your job, are unable to find gainful employment, are limited in your housing and educational opportunities, and have trouble securing a loan.

A criminal record can impact opportunities for the rest of your life. The social and personal consequences of conviction can also take a toll on your future. The most effective way to prevent these effects is to mitigate the penalties you receive or avoid conviction.

FAQs

Do Federal Criminal Defense Attorneys Defend People They Know Are Guilty?

Yes, defense attorneys defend people regardless of their guilt. A defense attorney’s job is not to know or decide if a client is guilty but to defend them in a court of law and provide them with the most beneficial defense. An attorney who suspects a client is guilty should be able to put that aside and provide the most effective defense available. Their job is to give a defendant the fairest chance in a criminal case.

Should You Tell Your Federal Criminal Defense Attorney the Truth?

Whether or not you should tell your defense attorney the truth will depend on the attorney. Each criminal defense lawyer has their own preferences and approach to defense cases and may wish to have varying levels of information. Some attorneys prefer to know everything, while others would like to know only the most essential information that they request. Attorneys have a duty to present the case facts as they know them, so not knowing certain facts could be beneficial to a client’s defense.

How Much Does a Federal Criminal Defense Lawyer Cost in Florida?

How much a federal criminal defense lawyer costs in Florida can vary, and they may charge a flat fee or an hourly fee. Hourly cases may also involve a retainer fee. If the case is more straightforward, and an attorney can anticipate the amount of work it will take them, a flat fee is more likely. A longer or more complex case is likely to be charged hourly. Federal defense cases are generally much more complicated and, therefore, more expensive than state cases.

What Is the Difference Between a Federal Crime and a State Crime?

The difference between a federal crime and a state crime is that federal crimes either occur in a location or agency under federal jurisdiction or cross state lines. Federal law takes precedence over state law in these cases. Crimes against federal agencies, like IRS tax crimes, are federal. Terrorism is also a federal crime, and most cybercrimes are federal because they cross state lines. Crimes like kidnapping, drug trafficking, or mail fraud that cross state lines will be federally prosecuted.