(Last Updated On: October 17, 2023)Last Updated on: 17th October 2023, 10:57 pm
Dallas Federal Criminal Lawyers: Your Guide to the Complex World of Federal Charges
Dealing with federal criminal charges can be scary and overwhelming. The federal system is very different from state courts, with complex laws and severe punishments. That’s why it’s so important to have an experienced Dallas federal criminal defense attorney on your side.
In this article, we’ll walk through the basics of federal charges in Dallas. We’ll look at common federal crimes, how federal cases work, and strategies a knowledgeable lawyer can use to help you. We’ll also share tips on finding the right federal criminal defense lawyer in Dallas.
Common Federal Crimes in Dallas
There are hundreds of federal laws, but some of the most common federal charges in Dallas include:
- Drug crimes like drug trafficking, distribution, and possession
- White collar crimes like fraud, embezzlement, tax evasion
- Firearms charges
- Immigration violations
- Money laundering
- Cybercrimes like hacking and identity theft
Due to it’s proximity to the Mexican border, Dallas sees a lot of drug trafficking and immigration cases. But federal agents also aggressively pursue white collar and cybercrime cases here.
How Federal Cases Work
The federal criminal justice system looks a lot different from state courts:
- Federal crimes are prosecuted by the U.S. Attorney’s Office, not local DAs
- Federal judges have lifetime appointments, not elections
- Juries must have 12 people and be unanimous
- Federal sentencing guidelines often mean longer sentences
- No parole in the federal system
There are also key differences in the process:
- Federal cases take much longer—often a year or more before trial
- Federal prosecutors have huge resources for investigations
- Discovery rules require sharing more evidence pre-trial
- Plea bargains are less common than in state courts
All this means the approach must be different when facing federal charges. The long delays give prosecutors more time to build their case. The strict sentencing guidelines tie judges’ hands at sentencing. It’s essential to have an attorney experienced with the federal system.
Fighting Federal Charges in Dallas
So how do you fight federal criminal accusations? A knowledgeable Dallas federal criminal lawyer will use strategies like:
- Careful investigation – Digging into the prosecution’s evidence and challenging it
- Suppression motions – Getting evidence thrown out if improperly obtained
- Sentencing advocacy – Arguing for exceptions and variances from guidelines
- Negotiation – Working with prosecutors toward a fair resolution
- Trial – Taking the case to trial if necessary
An experienced attorney understands how to navigate the complex federal justice system. They know the judges and prosecutors and can advise if a plea is wise or when to take a case to trial.
Finding the Right Dallas Federal Criminal Lawyer
If you or a loved one are facing federal charges in Dallas, it’s critical to have the right lawyer by your side. Here are tips on finding an attorney with the skills and experience to defend federal cases:
- Look for years of specific federal criminal defense experience, not just general criminal law
- Find someone familiar with federal sentencing guidelines and how to argue for variances
- Consider lawyers who used to work as federal prosecutors—they have inside knowledge
- Look for trial experience—less than 5% of federal cases go to trial, so it’s a specialized skill
- Find a passionate advocate who will fight aggressively on your behalf
Don’t take chances with your freedom. Contact a knowledgeable Dallas federal criminal defense lawyer for a free case review today.
Federal Laws to Understand
When facing federal charges, it helps to have a basic grasp of some key federal laws used in many prosecutions:
Controlled Substances Act
This law established federal drug policy and regulates the manufacture and distribution of controlled substances. It categorizes drugs into schedules based on potential for abuse and addiction. The law covers crimes like:
- Drug trafficking and distribution
- Drug importation
- Drug manufacturing and cultivation
- Possession with intent to distribute
Penalties under the Controlled Substances Act can be severe, ranging from months to lifetimes in federal prison. Sentences are based on the type and quantity of drugs involved. Having an attorney experienced with these complex laws is essential.
Racketeer Influenced and Corrupt Organizations (RICO) Act
RICO allows charges against anyone involved in an ongoing criminal organization. Originally aimed at the mafia, today it’s used against street gangs, drug cartels, and more. Under RICO:
- Mere association with a criminal organization can be enough for charges
- Defendants can be tried for crimes they ordered others to commit
- Pattern of criminal activity matters more than specific acts
RICO carries stiff penalties. Many federal drug and firearms cases now include RICO charges too. Defending against RICO allegations requires an attorney well-versed in the complex law.
Federal Firearms Laws
Various federal laws regulate firearms, including:
- Possession – Felons and some others banned from having firearms at all
- Trafficking – Transferring guns illegally across state or national borders
- Use – Committing crimes using a firearm
There are also laws requiring background checks, proper licensing, registration, and more. Sentencing enhancements often apply when firearms are involved in federal crimes. An experienced attorney can challenge the evidence and argue against unfair sentencing.
Federal Fraud Laws
Lying to obtain money or property is prosecuted federally under laws like:
- Mail/wire fraud
- Bank fraud
- Healthcare fraud
- Securities fraud
- Tax fraud
Prosecutors often seek long prison terms for these white collar crimes. But a skilled lawyer can raise doubts about intent to defraud and argue for probation instead of prison in appropriate cases.
Federal Sentencing Guidelines
One key for any federal case is understanding sentencing guidelines. The guidelines provide complex formulas to calculate sentencing ranges based on:
- Type of crime
- Criminal history
- Specific offense characteristics
Although no longer mandatory, judges still rely heavily on the guidelines. Defense lawyers can argue for “departures” and “variances” – sentences outside the guidelines. It takes an experienced attorney to navigate these waters effectively.
Common Federal Defenses
Fighting federal charges starts with understanding possible defenses. Common federal defenses include:
Duress
Argues you only broke the law due to threats of serious harm against you or loved ones. This can work if you can show immediate threat of injury or death, with no chance to escape danger.
Entrapment
Claims the government induced you to commit a crime you otherwise wouldn’t. This applies mainly to undercover sting operations. It requires proof you lacked any predisposition to commit the crime.
Self-Defense
Justifies use of force to protect yourself or others from harm. Use of deadly force requires proving you reasonably feared imminent death/serious bodily injury.
Insanity
Argues mental defect kept you from understanding criminality of conduct. Rarely used successfully due to very high legal standard.
While not exactly defenses, attorneys also seek to get evidence and charges dismissed by attacking:
- Improper searches
- Coerced confessions
- Faulty eyewitnesses
- Unreliable informants
Raising doubts about the strength of the government’s case can lead to dismissals or favorable plea deals. Don’t hesitate to explore defenses with your lawyer.
Steps in a Federal Criminal Case
If facing federal charges, you’ll go through typical phases like:
- Arrest – Law enforcement detains you on probable cause for a federal crime
- Initial appearance – Hear charges and enter a plea (often “not guilty”)
- Detention hearing – Argue for release pre-trial vs. being detained
- Preliminary hearing – Prosecutors must show probable cause for charges to proceed
- Grand jury – Panel decides if enough evidence for indictment with charges
- Arraignment – Formally enter plea to charges in indictment
- Motions & discovery – File motions to suppress evidence, receive prosecution evidence
- Plea negotiations – Discuss potential plea bargain with prosecutors
- Trial – Jury hears evidence and reaches a verdict if no plea deal
- Sentencing – Judge determines penalty based on guidelines and arguments
The help of an experienced federal criminal defense attorney can be crucial at every phase. Don’t go it alone against the power of the federal government.
Finding a Federal Criminal Lawyer in Dallas
Facing federal charges in Dallas can be daunting. But the right lawyer can help you navigate the complex federal criminal justice system. Here are some tips on finding the best federal defense attorney:
- Ask people you trust for referrals to federal lawyers who have helped them or family/friends.
- Search lawyer directories like the National Association of Criminal Defense Lawyers or Texas Criminal Defense Lawyers Association.
- Look for former federal prosecutors – they have good insight into the prosecution side.
- Find someone experienced specifically in federal cases, not just state criminal law.
- Consider boutique federal criminal defense firms – federal law is their specialty.
- Meet with a few lawyers before deciding – go with someone you feel comfortable with and trust.
- Ask about their experience with your type of charges and the specific federal judges and prosecutors.
- Discuss their fees upfront – federal cases can cost more with their complexity.
Don’t take chances with your freedom. Invest the time to research and choose the best federal criminal defense lawyer you can.