Miami Federal Criminal Defense Attorney

Common Federal Crimes

Unlike a criminal offense that is prosecuted at the state level, a federal criminal offense is tried in federal court and also a U.S. prosecution lawyer will seek damages and charges. It is to your advantage to deal with a lawyer who has a thorough understanding of the government legislations associated with these instances. When you work with the Miami federal criminal lawyer at Frank Schwartz, P.A., you not only work with an experienced former prosecutor, you also work with an attorney that has experience practicing in the highest court in the United States – the Supreme Court of the United States.

Types of federal criminal offenses

• White-collar crimes
• Bank robbery
• Art theft
• Insider trading
• Tax evasion
• Possession of an illegal firearm
• Tampering with postal services
• Child pornography
• Murder

Charges for federal crimes can be much harsher than the penalties if convicted of a state crime. For example, if you were charged with the possession of cocaine, the federal charges can result in five years in prison. On the other hand, a state charge can result typically in a probationary sentence.

What is Considered a Federal Crime? 

A crime becomes a federal offense when it violates U.S. federal laws or when the crime is committed in multiple states. For federal crimes, the investigation is conducted by both federal and local law enforcement and prosecuted in a federal court. 

Some federal crimes are terrorism, treason, drug trafficking, and violations of interstate commerce. While some crimes can only be prosecuted under federal law, some state crimes can be classified as federal crimes if certain factors are met. Some of these factors are an increase in the severity of the crime or if the injured party falls under federal jurisdiction. Being convicted of a federal crime can completely alter your life. When dealing with federal courts, it's highly recommended to have representation. Our Miami federal crime attorney can zealously defend you and make sure your rights are protected. 

 Can I Face Charges in Federal and State Court?

Yes, it is possible to be charged in both federal and state courts for the same crime.  Double jeopardy is ruled out when it comes to federal crimes. Whereas, individuals can be penalized by both the State of Florida and the U.S. Government for the same criminal activity. 

It is a common misconception that being charged in both state and federal courts would violate the double jeopardy clause of the 5th Amendment. However, since the state and federal governments are two separate governmental entities, the concept of dual sovereignty applies. Dual sovereignty is the legal doctrine that state and federal governments may separately prosecute you for the same crime if the criminal act in question violates state and federal laws. The reason is that since there are two sovereigns (state and federal) then there are two laws and two crimes being committed. 
 

Defense Skills Against Federal Investigations

Federal criminal activities are investigated by both state and local enforcement agencies. Additionally, they are investigated by multiple federal agencies. These investigations explore your personal as well as private life. In order to safeguard you, your future, as well as your legal rights, you need to arrange a consultation with a skilled Miami federal crime lawyer from our firm immediately.

At Frank Schwartz, P.A., we have actually won a number of acquittals in government court as well as I might be able to help you. We service clients facing federal criminal charges throughout Florida in the following areas North Miami, Aventura, Hialeah, South Miami, Kendall, Brickell, North Miami Beach, and Miami Beach.

For more information, get in touch with the Miami federal criminal attorney at Frank Schwartz, P.A. today at (305) 707-7770 to get started!