Federal Crimes

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criminal defense

Looking for a federal crimes lawyer in North Carolina? At Hiltzheimer Law Office, our federal criminal defense attorneys have a wealth of experience helping clients under federal investigation. Take a closer look at what our premier team can do for you.

Hiltzheimer North Carolina Federal Crimes Lawyer

Federal cases are highly complex and tend to carry significantly more serious penalties than state cases. If you’re being targeted by federal authorities, our team can help.

We know that your case is as unique as you are, and we can prepare an aggressive defense to address the specific legal challenges you face. We have a long-established reputation for compassion and dedication, as well as for offering effective legal counsel. If you need a federal crimes lawyer in North Carolina you can trust, schedule a consultation with our team today.

What Are Federal Crimes in North Carolina?

Federal crimes are those that violate the United States Criminal Code. The majority of criminal cases are dealt with in state court, but a case in which the federal government takes jurisdiction will be handled in federal court. To face federal criminal charges, the alleged crime committed requires the presence of a few factors. These factors can include:

Criminal activity that occurred in multiple states
The crime violated a specific federal law
The crime occurred on federal property
The crime involved people from different states

Some of the most common types of federal crimes include:

Tax violations and mail fraud
Kidnapping
Drug trafficking
Child pornography
Counterfeiting bills
Bank fraud
Mortgage fraud
Wire fraud
Human trafficking

Our experienced federal criminal lawyer team has represented people from all walks of life who have been charged with a federal offense. If you’ve been accused of a federal crime, it’s vital that you contact one of our federal criminal defense lawyers as one of your first steps when you become aware of a federal investigation.

The Importance of a Federal Criminal Defense Attorney

Federal criminal cases in North Carolina are highly complex, so it’s essential not to tackle one without skilled legal representation. An attorney can help you navigate the federal court system, which is often far more complex than its state counterpart.

One of the most important things that federal criminal defense attorneys do is negotiate with federal prosecutors to manage deals. Because sentencing guidelines are generally stricter and harsher when dealing with federal law, you can’t risk not having an experienced federal criminal defense attorney fighting for your rights every step of the way.

Federal investigations often last months and even years, which is quite different than what we see in state cases. This means that the moment you learn that you’re suspected of having committed a federal crime, you need to hire a federal criminal defense lawyer to begin preparing a defense strategy.

Investigation and Charges

Federal agencies, like the Federal Bureau of Investigations (FBI), the Drug Enforcement Administration (DEA), Homeland Security (DHS), and the Internal Revenue Service (IRS), can begin an investigation into a potential crime and continue that investigation for years before filing criminal charges. This is important to keep in mind because clients often think that not being charged quickly means they’re in the clear, when the opposite is often true in the context of a federal criminal investigation. Federal agencies will often wait until a solid case is built before bringing charges in the first place, which may come at the tail end of a years-long investigation.

The investigation can involve search warrants, as well as interviews with potential witnesses. You may also be requested to submit to an interview, which you should never do without an attorney present.

If the federal agency determines there’s enough evidence, it will come down to federal prosecutors. They can then present the case in front of the grand jury. This could lead to an indictment, which means you will almost certainly be notified by way of a federal arrest warrant.

The best option is to have already hired a federal criminal attorney, but if you’ve not yet done so, now is the time.

Pre-Trial Process

You may be arrested if you’re facing federal charges, and you’ll typically be brought before a federal judge within 48 hours. There, you’ll learn more about your charges, and the judge will decide whether you will be held in custody or released while awaiting trial.

During this initial hearing, the federal judge will address the issue of your detention while the matter is pending. You should never attend a federal detention hearing without an experienced federal criminal defense attorney.

Discovery

Our team of federal criminal defense lawyers can start preparing for trial immediately. Both state and federal trials involve a process called discovery, which is when prosecutors provide you and your lawyer with copies of pertinent materials and evidence that the prosecution intends to use during trial.

We’ll assess all of this information to evaluate a range of potential defense strategies in the course of our own independent investigation. This can involve talking to witnesses, examining the evidence, recruiting defense experts, anticipating any legal or evidentiary issues that may arise during trial, and internalizing every aspect of your case so we know it better than the government who seeks to convict you.

Plea Bargains

If federal prosecutors have a strong case, they may offer you a plea deal to avoid the costs of going to trial. Your federal criminal defense lawyer will evaluate the strength of the case and the pros and cons of a trial, and present it to you so you can make an informed decision. Ultimately, this is your choice to make, but it’s vital that you consult with federal criminal lawyers before coming to a decision.

Pre-Trial Motions

Before the trial, the prosecution and defense may file or respond to motions. Motions are formal requests of the court made by a party seeking a ruling on a legal issue prior to the trial. An example would be for your defense attorney to file a motion to exclude a particular piece of evidence that is irrelevant but prejudicial to the defense case.

Trial and Sentencing of Federal Crimes

Federal criminal cases are tried in federal courts. These trials are similar to state proceedings and allow both the prosecution and defense to present their case in front of a jury.

If you’re found guilty, you will have a separate hearing for sentencing. The judge will rely on sentencing guidelines that take into account aggravating and mitigating factors. You can count on us to advocate for the most lenient sentences if you face a conviction.

Once you’ve been sentenced, your defense team can advise you as to whether you may want to consider an appeal. You generally have a right to file an appeal in a criminal case following a trial conviction.

Defense Strategies

For clients facing a federal criminal charge, our team of experienced federal criminal defense lawyers can quickly begin building your defense strategy. This can involve evaluating a number of options as we chart a course forward for your case.

Notice and Pre-Trial Defenses

Keep in mind that for federal cases, some defenses are only available to clients who meet specific requirements by designated deadlines. This is yet another reason why having a criminal defense lawyer by your side from the start is critically important in a federal case.

Some of the most common examples of notice and pretrial defenses include:

Outrageous government conduct
Alibi
Entrapment
Selective prosecution
Vindictive prosecution
Venue issues

If you miss your opportunity to present these and certain other strategies, you may forfeit your opportunity to do so later on, so make sure to contact a criminal defense attorney at Hiltzheimer Law Office as soon as possible.

Affirmative Defenses

In federal criminal cases, the burden to prove guilt lies with the government, and your defense strategy may be only to highlight that the prosecution failed to prove their case. In other instances, however, it becomes essential to make an affirmative defense.

Affirmative defenses typically have a lower burden of proof than what the prosecution has to prove. You only need to prove each element by a preponderance of evidence.

Some of these defenses include:

Defense of others
Duress
Self-defense
Necessity
Defense of property
Statutory defenses

Having experienced federal criminal lawyers on your side can ensure that you can bring forth the affirmative defense you need.

Specific Intent Defenses

Federal criminal law sees certain acts as unlawful only if they’re in conjunction with criminal intent. Our defense attorneys can help create doubt as to whether you had criminal intent in the commission of the alleged crime.

Protecting Your Rights as a Defendant

Hiring an experienced federal criminal defense lawyer is the most important way that you can protect your rights as a defendant. One of the ways that our team can safeguard your rights is by investigating how the prosecution obtained all of the evidence against you. They must have had probable cause or a valid search warrant, otherwise anything they obtained can be deemed illegal.

If you were subjected to an interview while in custody, we can also ensure that you were properly advised of your Miranda rights. If your Miranda rights were violated, our attorneys can argue for the suppression of any statements you made.

At every stage of the criminal case, we can fight for your rights and take steps on your behalf if any of your rights were violated by law enforcement during the investigation of your case.

Penalties of Federal Crime in North Carolina

Federal judges use the U.S. Sentencing Guidelines to assign penalties for federal offenses. Some federal offenses carry mandatory minimum sentences, such as child pornography and certain drug trafficking offenses, and judges will also look at offense level and criminal history to make a decision. Below are some examples of potential sentences for federal crimes.

Money Laundering

A money laundering conviction can mean having to pay twice the amount of money laundered — up to $500,000 — and serving a prison sentence for any felonies associated with laundering.

Bank, Wire, and Mail Fraud

For bank fraud, you could face a fine of up to $1 million, as well as a prison sentence of up to 30 years. The maximum prison sentence for wire fraud is 20 years, but if a bank is involved, you may need to pay $100,000.

If you’re convicted of mail fraud, you could be looking at a prison sentence of 20 years. If the crime also involved using a bank, you’ll need to pay $100,000.

Tax Evasion

Convicted individuals can face a maximum fine of $100,000 for tax evasion, while corporations can see a maximum fine of $500,000. Defendants can face up to five years in federal prison.

Kidnapping

Someone convicted of kidnapping can see a prison sentence of 25 years to life. If the victim of the kidnapping was killed, the federal court can impose the death penalty.

Drug Trafficking

The severity of the charges and your criminal history will generally affect the sentencing for drug trafficking. You may face between five years to life in prison and have fines that range from a few thousand dollars to millions.

Child Pornography

The sentence for child pornography can depend on the severity of the charges, as well as whether you possessed the images with the intent to distribute them or if you created the images that were then distributed. If that’s the case, then you face a fine of up to $250,000 and a prison sentence of between five and 30 years. You would serve your time in federal prison if convicted.

Human Trafficking

The penalties for human trafficking can depend on the number of victims and their ages, as well as the purpose of the transportation. Prison sentences can range between 10 years and life, and the fines you face can be substantial. The exact amount will also depend on the nature of the crime.

Firearm Violations

If convicted of a firearm violation, you can see between one and 30 years in prison. Fines can be between $1,000 and $10,000.

Call Our Experienced Federal Criminal Defense Attorneys Now

No matter what federal crime charges you’re facing, it’s essential that you immediately hire a defense attorney. At Hiltzheimer Law Office, we have decades of experience to put to work on your behalf. With tenacious and aggressive representation in your corner, you will have the highest odds of a successful defense.

If you suspect you’re under federal investigation or you’ve received notice that you are, it’s time to call a reliable criminal defense team. Contact our law firm for a free consultation today.

Frequently Asked Questions

It’s difficult to quantify the exact number of statutes within the U.S. Code that create one or more federal crimes. One calculation indicates that there are a total of 5,199 federal federal crime laws. North Carolina adheres to all federal crime laws.

North Carolina courts typically have jurisdiction in cases when an essential part of the crime occurred in the state. When dealing with criminal acts that are crimes under both state and federal law, however, federal prosecutors may or may not take the case, depending on certain factors. In drug trafficking cases, the quantity of drugs seized will play a role in the determination by the US Attorney’s Office as to whether the federal government will take the case. In child pornography cases the number of images or videos discovered, and the extent to which distribution is alleged, will be determining factors as the federal government decides whether to take jurisdiction of the case.

Federal cases involve matters that deal with federal law and federal jurisdiction. Some of the most common types of federal cases include charges of drug trafficking, tax evasion, child exploitation, child pornography, and fraud.