Last Updated on: 17th October 2023, 10:57 pm

Charlotte Federal Criminal Lawyers

How Federal Criminal Cases Work

The federal criminal process has many distinct features compared to similar state charges:

• Investigation – Federal agencies like the FBI, DEA, ATF, IRS, and ICAC spend significant time building complex cases before an indictment. Early intervention by a defense lawyer is key.
• Charges – A federal grand jury issues an indictment alleging violations of federal criminal statutes. There is no preliminary hearing like in state court.
• Discovery – This formal process involves obtaining evidence from prosecutors. Experienced lawyers effectively analyze this evidence.
• Plea negotiations – Many federal cases end in a plea bargain rather than trial. Skilled negotiators can sometimes get charges dismissed or reduced.
• Trials – Federal trials do not involve juries composed of members of the local community. Juries are selected from a wider federal district or division instead.
• Sentencing – Federal judges use complex sentencing guidelines that consider the crime, criminal history, and other factors. Mandatory minimums may apply.
• Appeals – Convictions and sentences can be appealed to the Fourth Circuit Court of Appeals and potentially the U.S. Supreme Court.

Having a lawyer who understands federal criminal law and procedures is absolutely vital when facing charges like conspiracy, wire fraud, drug trafficking, child pornography, and other federal offenses.

Federal Sentencing Guidelines

One major difference between federal and state courts is that federal judges must follow the U.S. Sentencing Guidelines when determining penalties. Key things to know include:

• Judges calculate a sentencing range based on the crime, criminal history, and other factors. They must stay within the range unless there are compelling reasons to depart from it.
• Mandatory minimum sentences dictate the lowest possible term for certain crimes and require judges to impose at least that sentence.
• Sentences for multiple counts often run consecutively, resulting in extremely long total prison terms.
• White collar financial crimes frequently involve very high loss amounts, also triggering lengthy sentences under the guidelines.
• Federal parole was abolished in 1987, so offenders must serve at least 85% of their sentence. Time off for good behavior is limited.

Because the sentencing guidelines and mandatory minimums are so rigid, the best way to reduce prison time is often through effective plea negotiations or convincing prosecutors to drop charges. Having an experienced federal criminal defense lawyer in your corner can make all the difference at sentencing.

Fighting Federal Drug Conspiracy Charges

One of the most commonly prosecuted federal crimes in Charlotte is drug conspiracy under 21 U.S.C. 846. This charge targets two or more people who allegedly agreed to distribute controlled substances like cocaine, heroin, methamphetamine, fentanyl, and marijuana. Federal drug conspiracy cases often begin with informants providing information about suspected drug trafficking networks to agencies like the FBI or DEA, prompting extensive surveillance and investigation.

Here are some key things to know about federal drug conspiracy charges:

• Prosecutors do not have to prove any overt acts in furtherance of the conspiracy. The agreement itself is the primary element.
• Buyers and sellers can both be charged with conspiracy to distribute drugs. Both sides assist the overall distribution effort.
• The mandatory minimum sentence depends on the quantity of drugs, ranging from 5 to 40 years in prison. No parole is available.
• Conspiracy penalties can be just as severe as if you actually possessed or distributed the drugs yourself.
• Having an experienced federal drug crimes lawyer is essential to challenge the evidence and avoid harsh penalties.

Some strategies federal drug conspiracy defense lawyers use include:

• File motions to suppress evidence obtained illegally by police.
• Dispute translations of coded language used by informants.
• Challenge the credibility of informants who provide information to earn leniency.
• Argue you played a minor role, if any, in the alleged conspiracy.
• Negotiate with prosecutors to get charges dismissed or reduced.
• Advocate for the mandatory minimum not to apply at sentencing.

The complex federal rules make fighting drug conspiracy and trafficking cases very difficult for defendants without knowledgeable legal counsel. An accomplished federal drug crimes attorney can thoroughly analyze the prosecution’s evidence and build the strongest defense to avoid the severe penalties these charges carry.