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 defense 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 crimes defense attorneys have 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) 670-9919. Your initial consultation is free.
Our attorneys have tried cases in more than 25 states and argued before the Florida Supreme Court and the United States Supreme Court. Wherever your case stands right now, we've likely stood there before — with a client's freedom on the line.
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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.
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 criminal cases filed against Miami-area residents are heard in the United States District Court for the Southern District of Florida. Most Miami-Dade federal matters are handled at the Wilkie D. Ferguson Jr. United States Courthouse at 400 North Miami Avenue, though some proceedings take place at the C. Clyde Atkins United States Courthouse or the James Lawrence King Federal Justice Building, both also in downtown Miami. Defendants held without bond while a case is pending are typically housed at the Federal Detention Center Miami, a few blocks away.
A federal case generally follows the same path: an investigation, a possible target letter or grand jury subpoena, a grand jury vote on whether to return an indictment, an initial appearance and arraignment, a detention or bond hearing, discovery, and then either a negotiated plea or a trial.
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 at Jeffrey 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 situation.
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:
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.
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:
If you believe your case could benefit from cooperating with the government, speak with our team at Jeffrey S. Weiner, P.A. by calling (305) 670-9919 to further explore this possibility.
Nationwide, 98 percent of federal criminal cases ended in a guilty plea rather than a trial in fiscal year 2025, and the average federal sentence imposed was 47 months, five months shorter than the year before. Because so few federal cases reach trial, the decisions made in the earliest stages of a case, often before an indictment is even returned, tend to matter more than anything that happens afterward. Many federal cases begin long before an arrest.
Many federal cases begin long before an arrest. You may first learn about an investigation through a subpoena, a search warrant, a visit from federal agents, or a target letter from the U.S. Attorney’s Office telling you that a grand jury is considering charges against you. A target letter does not guarantee an indictment. It means the government believes it already has meaningful evidence, and it is often the last real chance to affect the charging decision before the case becomes public.
Getting a federal defense attorney involved at this stage, rather than after an indictment, gives your defense team time to review the evidence, correct factual misunderstandings, gather records, and, in some cases, present information directly to the Assistant United States Attorney handling the matter. Early representation can also address the collateral consequences of a federal investigation, such as professional licensing, immigration status, and frozen assets, before they become harder to undo.
Never speak to federal agents or a prosecutor on your own before consulting a lawyer. Statements made informally, even ones meant to clear things up, can become evidence the government uses against you.
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.
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. Federal sentences are calculated under the U.S. Sentencing Guidelines, and the guideline range set at sentencing has a major effect on the outcome, though the judge is not bound by it and can sentence above or below the range.
Some examples of federal conviction penalties include the following:
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.
Serving Criminal Defense Clients for Over 50 Years
Our case results include a Department of Justice grand jury investigation into a sitting member of the United States House of Representatives that closed with no indictment, and a federal prison sentence set aside on appeal after we were retained to handle the appeal. Every case is different, and past results don’t guarantee a similar outcome in your case.
A target letter is a notice from the U.S. Attorney’s Office stating that you are the target of a grand jury investigation and that federal charges may follow. It does not guarantee an indictment, but it signals the government believes it already has significant evidence against you.
Yes. Federal prosecutors can present evidence to a grand jury and obtain a sealed or public indictment before any arrest takes place. Many people first learn of a case through a summons, a target letter, or a call from their attorney rather than an arrest.
No, not without a lawyer present. Statements made to FBI, DEA, or other federal agents without counsel can be used against you later, even if you believe you are only clearing up a misunderstanding.
Federal cases from Miami-Dade County are heard in the United States District Court for the Southern District of Florida, most often at the Wilkie D. Ferguson Jr. United States Courthouse in downtown Miami.
Federal sentencing follows the U.S. Sentencing Guidelines, a separate framework from Florida’s state sentencing scoresheet, and federal judges also weigh the statutory factors under 18 U.S.C. § 3553(a) in setting a final sentence.
It can, through a Rule 35(b) motion or a substantial assistance departure, but the decision belongs to the U.S. Attorney’s Office, and cooperation carries real risks that should be discussed with an attorney before any commitment is made.
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?
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