Federal Criminal Defense Attorney

If you have been accused of a federal crime, hiring a federal defense attorney to protect your rights and guide you through the process is crucial. At David J. Bobrow Office of Law, LLC, we defend individuals facing federal charges with the skill, experience, and attention to detail they need. Led by David J. Bobrow, a highly respected criminal defense attorney, our firm provides federal criminal defense for clients in Maine, New Hampshire, and Massachusetts.

 

Whatever charges you face, we are here to guide you. Contact our office today for a confidential consultation if you or a loved one is facing federal charges. 

What Are Federal Crimes?

Most crimes are at the state level, meaning state law defines what actions qualify as a crime, and the state prosecutes violations of the law in state court. So, what are federal crimes? Federal crimes are violations of federal law prosecuted by federal authorities, like the Federal Bureau of Investigation (FBI), in Federal Court. Federal offenses often involve matters that cross state lines or affect federal interests like national security, federal agencies, or financial institutions.

Federal Offenses

Federal crimes cover a wide range of situations, from white-collar crimes to drug trafficking and violent crimes. Common federal offenses include:

• White collar crimes—non-violent offenses often involving lies or fraud for financial gain, like embezzlement (taking money belonging to a business), money laundering (“legitimizing” money obtained through illegal means by treating it as related to an unrelated business), or tax evasion (deliberately avoiding or refusing to pay taxes);
• Drug offenses—offenses related to the manufacture, distribution, or trafficking of illegal drugs across state lines;
• Firearms violations—offenses related to illegal possession of firearms, trafficking of firearms, or violating the National Firearms Act; and
• Sex offenses—crimes related to sex or sexual violence, like possession, creation, or distribution of child pornography.

Federal crimes vary significantly, but the thing that unites them is typically that they affect broader national interests or cross between states. For example, federal white-collar criminal defense often involves issues related to companies that operate in multiple states.

Consequences of Conviction

Conviction (pleading guilty or receiving a guilty verdict) of a federal crime can carry significant penalties that are typically harsher than those for state crimes. Specific penalties depend on the nature of the crime, whether it is a misdemeanor or felony, and the presence of any aggravating factors (circumstances or actions that make the offense more serious, typically meaning threats to the health or safety of others). Penalties may include:

• Imprisonment—federal offenses can result in lengthy prison sentences;
• Fines—large fines may be imposed, particularly in white-collar criminal cases;
• Probation—offenders may be sentenced to probation (supervised release) instead of or after serving time in jail or prison, requiring regular check-ins with a probation officer and compliance with other conditions;
• Asset forfeiture—the federal government may take property potentially linked to criminal activity and not return it; and
• Restitution—the federal government may require offenders to pay victims to make up for their offenses (for example, repaying the value of stolen goods).

Conviction may also make finding employment, housing, or other resources difficult.

Being Accused of a Federal Crime

Understanding the federal criminal process can help you set your expectations for what could happen. Depending on the circumstances, your case may not involve every step, particularly if the government dismisses or reduces charges or you accept a plea bargain. Yet, understanding where your case may end is critical to making the best decisions at the start.

Investigation and Arrest

The process often begins with a federal agency’s investigation. If law enforcement concludes a federal crime occurred, they make an arrest. The government, frequently an FBI agent or U.S. Marshal, usually relies on a federal warrant issued by a judge to make the arrest and detain you in a holding facility (jail).

Charges and Court Appearance

While you are in its custody, the government holds an initial hearing, informing you of the charges against you and making them official. Next, it has a preliminary hearing or arraignment. There, you enter your plea—guilty, not guilty, or no contest—and the court may set bail. Courts sometimes do not offer bail, especially if the charges are serious or it believes you are likely to flee to another country. 

Pre-Trial Issues

During the pre-trial period, the prosecution (government’s attorney) and defense (you and your attorney) go through the discovery process (exchange evidence), and the government may hold conferences to discuss issues related to the case. Before trial, your attorney investigates the charges. They may ask the judge to dismiss charges or suppress evidence based on what they find. 

Common reasons to suppress evidence include constitutional violations before, during, or after your arrest. If the judge agrees the government violated your rights, they suppress the evidence—forbid the government from using it to prove you committed a crime. Sometimes, without illegally obtained evidence, the government has no choice but to agree to dismiss the charges, meaning the case goes away and the charges no longer exist.

Your lawyer and the government’s lawyer may also negotiate a plea deal, allowing you to plead guilty in exchange for lesser penalties or reduced charges. Whether you accept is your decision, but your lawyer can provide crucial advice to make the decision easier.

Trial

Unlike in state court, the federal process generally does not involve judicial conferences, so negotiations do not involve the court. If you do not reach a plea agreement, the case goes to trial before a judge and jury. First, the prosecution presents its case, and then your attorney presents your defense. Both sides can introduce evidence, cross-examine witnesses (ask questions of the witnesses the other side brought), and object to improper conduct by the other. At the end of the trial, the judge or jury issues a guilty or not guilty verdict.

Sentencing

If you plead guilty or a judge or jury issues a guilty verdict, sentencing follows. The federal government has federal sentencing guidelines that recommend sentence lengths, but the judge can depart from those recommendations. At the sentencing stage, you and your lawyer may argue for a lower sentence at a hearing or through written court filings.

After Sentencing

You can sometimes appeal the sentence or the conviction itself. You may appeal in situations involving:

• Issues with the judge or jury’s interpretation of the law,
• A questionable or excessive sentence,
• Evidence the government obtained in violation of your constitutional rights being used against you, or
• Jury or jury pool issues (for example, some jurors were prejudiced or the pool was not balanced).

A successful appeal may lead to a reduced sentence, a retrial, or even the court getting rid of your conviction. Sometimes, you can also apply for post-conviction relief, which involves many of the same issues as an appeal but typically occurs later (“post-conviction,” after your conviction is beyond the time to appeal).

Strategies Your Federal Defense Attorney May Use

Effective legal defense strategies are crucial in fighting federal charges. Some common defense strategies include:

• Challenging evidence—considering whether the government’s evidence is reliable (accurate and true) and was obtained without violating your constitutional rights, especially your rights forbidding unreasonable search and seizure;
• Exploring other explanations—exploring who else could have committed the crime;
• Providing an alibi—offering evidence that you could not have committed the crime;
• Challenging intent—some offenses require the government to prove not only that you committed a crime but that you intended to commit the specific crime charged, so you may argue that you lacked the necessary intent; or
• Negotiating plea deals—arguing for reduced charges or lighter penalties.

A federal defense attorney can help you identify and execute the best strategy for your circumstances. 

How We Can Help

Our office is committed to providing strong, strategic defense against federal criminal charges. We offer our clients years of experience, dedication, and a deep understanding of federal law. We can guide you through the legal process if you or a loved one is facing federal criminal charges. Federal charges are daunting, but you do not have to face them alone. Contact us today for a consultation with a trusted federal defense attorney.