Federal Crimes FAQs
How do I know that my case is a federal case?
The easiest way to figure this out is to see if the FBI is investigating
the matter, rather than local or state police. If the FBI is investigating
the matter, there is a good chance the case will be prosecuted in
Federal Court. There may also be other federal agencies involved
such as the Federal Drug Administration (FDA), Criminal Division
of the IRS (CID), Secret Service, DEA, Postal Service, ATF or Customs.
When does the FBI decide to investigate a matter rather
than the local or state police?
Federal Criminal Investigations normally involve criminal activity
which involves at least one of the below four criteria:
- The alleged crime occurred on federal property such as a
military base or a national park.
- The alleged crime took place in more than one state (crossing
state lines) such as when someone is kidnapped and transported
from one state to another or when someone sends child pornography
over the internet.
- The alleged criminal activity affected "interstate commerce"
such as when someone uses the US Mail or an express mail service
as a way of transporting illegal merchandise such as drugs or
counterfeit money.
- The victim of an alleged criminal act is a federal official.
What should I do if the FBI is investigating me or trying
to contact me?
Anyone being investigated by the FBI or being prosecuted in Federal
Court needs to seek legal counsel by a Georgia Federal crime defense lawyer immediately. Federal investigations
can be very complex and invasive (the power of the federal government
is behind the investigation) and the sooner an attorney can intervene
on behalf of the person being investigated, the more the attorney
can usually help that person.
By making contact with the prosecuting authorities early on in
the investigation, defense counsel can normally help shape and influence
the outcome of the investigation in a way favorable to the client.
In some instances, it may be possible to stop the investigation
before an arrest is ever made in the case.
What are the categories of federal crimes ?
Federal criminal conduct usually falls under one of seven (7) categories.
These categories are similar to those found in State Courts. See
below for a description of the seven (7) general categories of crimes
The Seven Categories of Federal Criminal Offenses
- Fraud and Theft - This category involves
those cases commonly referred to as "White Collar Crimes".
The offenses most commonly charged under this category include:
concealing assets during a bankruptcy; filing a false claim for
postal or pension loss; possessing false papers in order to defraud
the United States; making false credit applications; bank and
deposit account fraud; using a computer, radio, or television
to commit a fraud against another; and money laundering.
These offenses turn upon the knowledge and intent of the accused.
The government must prove that the accused "intended to defraud"
in order to convict. All of the above offenses contain the following
elements that the government must prove in court. The government
must show:
- An act or conduct; and
- an intent to deceive or cheat; and
- an intent to bring about a gain or benefit or a cause of loss to another.
Fraud cases are almost always "paper intensive" in
that they involve a variety of financial records and other related
documents. Defense counsel will need to undertake a full investigation
into his client's financial records and experts may be needed
to help evaluate complicated financial transactions.
- Property Crimes - This category includes
a variety of offenses including theft of government property,
embezzlement, counterfeiting, bribery, and interfering with the
United States Mail. In cases of bribery, the offense normally
involves bribing a public official or a witness. These cases may
raise constitutional issues as the FBI usually searches and seizes
the property of the accused from his home or business or storage
facility as a part of their investigation. The prosecution must
also show that alleged stolen property belonged to the United
States; and that the accused intended to deprive the owner of
the use and benefit of the property.
For more information on "Georgia White
Collar" crimes, click here.
- Sex Offenses - The main four federal sex
offenses are sexual abuse; aggravated sexual abuse; sexual abuse
of a minor or ward; and abusive sexual contact. In all of these
cases, the matter can only be prosecuted in federal court if either
the alleged criminal act occurred on federal property or the parties
involved in the crime traveled or communicated over state lines.
Many of these cases now involve the use of the internet - an e-mail
can be deemed to have traveled "over state lines" simply
if the server signal can be shown to have been electronically
transported to a server in another state.
For more information on Georgia Sex
crimes, click here.
- Child Pornography - The majority of these
federal offenses involve trafficking, selling, distributing, or
possessing child pornography through the use of computers and
the internet. Because computers and the internet are almost always
a part of these cases, the attorney must have experience with
how computers and the internet work. Many cases require the hiring
of a computer analyst and internet expert to aid with the client's
defense. Experts may also be needed to tell the age of the "children"
photographed and to determine whether the photos have "artistic"
merit or not. These cases may be prosecuted in Federal Court,
provided the Federal government can prove they involved "interstate
commerce." An internet signal traveling over state lines
is deemed enough to justify interstate commerce in most cases.
These cases also raise constitutional search and seizure issues
as the FBI seizes the computers and all related CDs, files and
disks from the accused person's home and/or business. The government
must also prove that the accused intended to possess the pornographic
items.
For more information on Computer
and Internet Crimes, click here.
- Firearms Offenses - The most common federal
firearms violations are Felons in Possession of a Firearm; Possession
of an Illegal or Unregistered Firearm; and Using or Carrying a
Firearm during a Drug Trafficking Offense. All of these crimes
require investigation by the defense attorney and his investigator
as to the type of guns involved in the offense and any prior convictions
the client may have from past conduct. These issues must be researched
thoroughly as part of the defense of the person accused of any
of these types of offenses.
Once again, these offenses may be charged in federal court because
they concern interstate commerce issues such as the allegation
that the firearm was manufactured in one state and then possessed
by the accused person in another state.
- Crimes against the Person - Some of the
most common of these offenses prosecuted in federal court are
murder, manslaughter, and assault (these become federal cases
when it is alleged the crime occurred on federal property or on
the high seas; kidnapping (transporting the victim over state
lines makes it a federal case); robbery (the alleged criminal
act must interfere with "interstate commerce" in order
for it to be a federal matter); and bank robbery (this is a federal
case because the bank's money is protected by the Federal Deposit
Insurance Corporation). All of these charges are extremely serious
and carry very severe penalties. They are defended much the same
way as crimes against persons are defended under state law.
- Drug Offenses - Most of these offenses involve
selling, manufacturing or distributing marijuana, cocaine or other
illegal substances, and the criminal elements are similar to those
found under state law. Most federal drug cases involve the transportation
of narcotics or marijuana over state lines. This may involve transporting
the drugs from one state to another in a motor vehicle or other
means of transportation, such as a plane; or it may involve the
use of the U.S. Mail or a private parcel delivery service such
as Federal express or UPS to transport marijuana or narcotics.
At Conaway & Strickler, P.C. we represent people charged with federal crimes
in the Federal Courts of Georgia and New York
Call us today for a Free Consultation
800-536-1310
