Miami Federal Criminal Defense Attorney

Accused of a Federal Offense? Reach Out to Jeffrey S. Weiner for Dedicated Defense.

When the federal government receives a crime report, investigators from big-name agencies, such as the FBI, DEA, U.S. Secret Service, or ATF, are dispatched to determine whether a federal offense has occurred and who committed it. Agents have considerable resources and will use various investigative techniques to identify a suspect, like wiretapping, surveillance, and online activity review. 

After the federal investigation, which can take months or even years, investigators hand over the file to a U.S. Attorney, who will prosecute and seek maximum penalties. Suppose you have been accused of a federal crime. In that case, you need a criminal defense attorney ready and willing to do what it takes to protect your rights and future.

At Jeffrey S. Weiner, P.A., our Miami federal crimes attorneys have extensive experience and are ready to put in the time and effort to defend you. We recognize how intimidating and scary it is to be investigated by federal agents. That is why we will stand by your side, providing the guidance and information you need to understand your federal case and legal options. 

Our federal criminal team has fought for clients in a range of federal criminal cases and has the knowledge, skills, and resources to challenge the accusations made against you.

To discuss your case and legal avenues we can explore, contact our federal crimes lawyers in Miami at (305) 985-6640. Your initial consultation is free.

What Are State vs. Federal Crimes?

In the U.S., each state and the federal government have their own sets of laws concerning criminal behavior. State laws are enacted by state legislatures and pertain to illegal conduct occurring within the state itself. If a person violates one or more of these statutes, they commit a state crime.

In contrast, federal laws are passed by Congress. They typically concern unlawful activity that crosses state lines or country borders, occurs on federal property, or is committed against a federal employee.

While separate state and federal laws exist, some statutes are the same. For example, both Florida and the U.S. government have a law against kidnapping. Depending on how the offense occurred, it can be prosecuted as a state crime, federal crime, or both.

How Does the Federal Legal Process Differ from State Proceedings?

Although the handling of state and federal crimes is similar, there are also several differences. If a person is accused of a state crime, local law enforcement officials will investigate, a District Attorney will prosecute, and the federal case will be heard in state court. With a federal crime, federal agents investigate, a U.S. Attorney prosecutes, and the case will be heard in federal court.

Federal agencies that investigate and prosecute criminal cases include: 

• Federal Bureau of Investigation (FBI)
• Drug Enforcement Administration (DEA)
• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
• U.S. Secret Service
• U.S. Immigration and Customs Enforcement (ICE)
• Internal Revenue Service (IRS)
• U.S. Postal Inspection Service (USPIS)

What Happens When State & Federal Cases Overlap?

The U.S. Attorney's Office and the State Prosecutor's Office operate within distinct jurisdictions, yet there are situations where their responsibilities overlap. The U.S. Attorney's Office prosecutes federal crimes while the State Prosecutor's Office handles offenses committed within the state, guided by state laws enacted by state legislatures.

Despite their separate jurisdictions, certain offenses can be pursued by both state and federal prosecutors. For instance, crimes like drug trafficking may violate both state and federal laws, resulting in simultaneous actions from state prosecutors and the U.S. Attorney's Office. This duality can complicate legal proceedings and the overall defense strategy.

Given the complexity and potential for concurrent prosecutions, individuals facing federal charges are encouraged to seek legal counsel experienced in state and federal law. The attorneys atJeffrey S. Weiner, P.A. are well-versed in the intricacies of both legal systems and are equipped to handle cases involving state and federal prosecutors. 

If you believe Florida state prosecutors and/or the U.S. Attorney's Office are pursuing your case, our team can provide the comprehensive representation you need to navigate this challenging landscape.

What's Considered a Federal Crime?

As mentioned earlier, federal crimes are those that violate federal laws. The U.S. government has several statutes concerning criminal behavior. Because there are so many federal laws, it would be difficult to mention them all here.

However, below is a list of some of the federal crimes our Miami criminal defense lawyers handle:

• Arms Export Control Act Violations
• Bank Fraud including False Statements to a Bank, and Misapplication of Bank Funds
• Bribery
• Bulk Cash Smuggling
• Conspiracy
• Contempt of Court
• Currency Transaction Reporting Forms
• Drug cases including possession with intent and distribution
• Endangered Species Crimes
• Environmental and Hazmat Crimes
• Extortion
• False Statements to Law Enforcement
• Foreign Corrupt Practices Act
• Forgery
• Grand Jury Subpoenas and Investigations
• Health Care Fraud
• Hawala – Underground Banking – Foreign Exchange Transfers
• Hobbs Act Violations
• Immigration Offenses
• Insurance Fraud
• Internet and Computer Crimes including Child Pornography
• Mail Fraud
• Money Laundering
• Mortgage Fraud
• Obstruction of Justice
• Paycheck Protection Program(PPP) Fraud
• Perjury
• Sentencing, punishment, and issues under the United States Sentencing Guidelines
• Voluntary surrender and Bureau of Prison designations, including halfway houses, compassionate release, and medical issues.
• Wire Fraud

If you have been accused of any of the above federal offenses, reach out to Jeffrey S. Weiner, P.A. as soon as possible. Our federal defense attorneys in Miami, thoroughly prepare for these cases and will examine every detail to build a strong defense on your behalf.

Challenging or Defending Against Federal Charges

Defending against federal charges requires a comprehensive and strategic approach to cast doubt on the prosecution's case. A skilled federal criminal defense attorney, like ours at Jeffrey S. Weiner, P.A., can analyze every aspect of your case, from the circumstances surrounding your arrest to the charges filed against you. With meticulous attention to detail, you and your attorney can begin building a defense strategy. 

Potential defense strategies may include:

• Filing motions to suppress evidence obtained unlawfully
• Challenging the validity of the search warrant
• Questioning the credibility of key witnesses
• Arguing entrapment by federal agents
• Negotiating plea bargains to lesser charges
• Demonstrating a lack of intent to commit the crime
• Presenting an alibi or alternative explanation for the alleged conduct
• Challenging the technical evidence presented by the prosecution

What Role Does Intent Play in Federal Crime Cases?

Intent is a fundamental element in many federal crime cases. The prosecution must often prove that the accused intended to commit the crime in question. This can be particularly challenging, as showing intent requires evidence that the suspect consciously and willfully acted with a criminal objective. In other words, it isn’t enough to simply prove that the defendant committed the act; there must also be proof that they did so knowingly and willfully.

For instance, in cases of fraud or embezzlement, demonstrating that the accused intended to deceive or misappropriate funds is crucial. Our attorneys are ready to scrutinize the prosecution’s evidence to find gaps or inconsistencies that may undermine their ability to prove intent beyond a reasonable doubt. 

By strategically challenging the element of intent, you may be able to create opportunities to diminish or dismiss charges altogether.

What Are the Penalties for Federal Crimes?

Just as there are several types of federal crimes, there are also several types of penalties that can be levied. In many cases, a person found guilty of a federal offense will be sentenced to a term of imprisonment and/or a fine.

The length of incarceration and the financial penalty are tied to the crime committed and the facts of the case.

Some examples of federal conviction penalties include the following:

• Health care fraud:
  • Up to 10 years of imprisonment and/or
  • A fine
• Wire fraud:
  • Up to 20 years of imprisonment and/or
  • A fine
• Bank fraud:
  • Up to 30 years of imprisonment and/or
  • Up to $1 million in fines
• Bribery violations:
  • Up to 5 years of imprisonment for individuals
  • Up to $250,000 in fines for individuals, or
  • Up to $2 million in fines for business entities
• Accounting violations:
  • Up to 20 years of imprisonment for individuals, and/or
• Up to $5 million in fines for individuals, or
• Up to $25 million in fines for business entities

Can You Have Your Sentence Reduced for Helping the US Government?

If you face federal charges, one potential avenue to reduce your sentence is cooperation with the authorities. The Attorney's Office has the authority to file a Rule 35(b) motion, which can result in a downward departure of your sentence. 

This motion is typically based on the defendant providing substantial assistance in investigating or prosecuting another individual. Factors such as the nature of your cooperation, your role in the criminal conduct, and the significance of the information you provide are considered in these determinations.

Cooperation can range from testifying against co-defendants to providing critical information that leads to further criminal convictions. However, it's important to note that offering assistance does not automatically guarantee a reduction in charges or sentence. The decision ultimately lies with the U.S. Attorney, who evaluates the value of the assistance provided.

If you believe your case could benefit from cooperating with the government, speak with our team at Jeffrey S. Weiner, P.A. to further explore this possibility. 

Assess Your Federal Case and Provide Consultation With Our Miami Federal Criminal Defense Lawyers

At Jeffrey S. Weiner, P.A., our Miami federal criminal defense attorneys are committed to assisting our clients through difficult federal criminal cases. We genuinely care about those we help and do everything in our legal power to seek a favorable result.

Our Miami federal crime lawyers are ready to provide the personalized legal representation and aggressive defense you need.

Related Reading: How Can I Get My Federal Conviction Expunged from my Record?

Schedule a free consultation with a member of our defense team by calling (305) 985-6640or submitting an online contact form today.