Articles Posted in Federal Offenses

Just as with every other state in the U.S., Georgia has its own unique laws, constitution and court system. If you run afoul of these, you are likely to face criminal charges in the state. Depending on the circumstances of your alleged crime, you could find yourself facing federal charges, instead. At Conaway & Strickler, P.C., we often help our clients understand the differences between state and federal court processes.

The state’s prosecutor or district attorney will bring a case against you in a state trial or district court, the U.S. Department of Justice explains. In a federal court, the person bringing the case against you is a U.S. Attorney. In state court, the judge may decide your case, or you may find yourself in front of a grand jury. In federal court, your pre-trial motions may be heard by a federal magistrate judge, but this person is not who will issue a ruling. A grand jury is required if your case is a federal felony charge unless you opt to waive that right.

Some offenses are defined at the state level while others are federal offenses. However, some offenses are illegal at both the state and the federal level, so if you violated one such law, you may find yourself facing both state and federal charges. The penalties may not be the same, though. You may find that Georgia’s penalties for the conviction are much harsher than the federal penalties, or vice versa. 

Federal offenses take all sorts of forms, whether they involve unlawful substances or are financial in nature. In recent months, however, a considerable amount of attention has shifted toward immigration violations and these charges can be extremely difficult for a variety of reasons. Some people may not be aware of their rights and responsibilities when it comes to immigration laws, while others may be afraid of the potential consequences of an unsuccessful outcome. For example, they may have to leave the country, which could separate them from their loved ones or spell disaster for a career that they have worked hard to build.

There are a number of reasons why people find themselves facing charges related to immigration violations. From issues involving a visa to illegally entering the country, people find themselves in this tough position over various allegations. However, immigration violations should be approached from the right angle and with so much at stake, those who are facing charges should do all they can to put their best foot forward. Moreover, each case is different and there may be certain details surrounding one which could significantly impact the outcome in court.

If you are facing charges over an immigration violation, we fully understand how much pressure you may be under. Sometimes, people feel hopeless when they are in this position and think that no matter what they do, the outcome will be disastrous. However, this is not always the case and our federal crimes section has more related to immigration violations.

Although Georgia has its own state laws regarding the purchase of firearms, how they can be carried and how people can use them within the state, federal laws often apply when a person faces weapons charges. According to the United States Sentencing Commission, federal firearms convictions often result in mandatory minimum prison sentences.

“Mandatory minimum” means that even though judges often have discretion in determining a sentence, they cannot issue a judgment for less than the set amount for that particular firearms offense. 

Anyone who commits a drug trafficking crime or a crime of violence and is carrying a firearm could be subject to a five-year minimum sentence. If the prosecutor proves to the judge or jury beyond a reasonable doubt that the alleged offender brandished the weapon, the minimum goes up to seven years, and it increases to 10 years if the offender discharged the weapon. The type of firearm affects the sentence, too. The following firearms automatically result in a 10-year sentence:

If you have been accused of destroying a public mailbox, you may be unsure of what to do next. While some may assume that these charges are relatively insignificant, harsh consequences may follow. Moreover, there are many other types of federal offense charges that people find themselves facing, which also carry serious ramifications. If you have been accused of public mailbox destruction or any other federal offense, it is pivotal to go over your legal rights and carefully evaluate your different options.

When it comes to allegations of destroying a mailbox, each case is different. For example, one person may be facing charges that are completely untrue, while another may be dealing with a case where certain details have been exaggerated greatly. In other instances, someone may have accidentally destroyed a mailbox or they may not have realized that such behavior could lead to such a serious situation. Regardless, it is pivotal for anyone who has been accused of this offense to understand what their rights and options are. From financial penalties to a damaged reputation and difficulty finding work in certain fields, there are many different reasons why addressing these allegations appropriately is so crucial.

When it comes to charges over public mailbox destruction, people in this position may not be sure which steps should be taken next. Various options may need to be considered and it is pivotal to carefully assess all of the details surrounding the case. Our federal crimes page has more related to destroying a public mailbox.