Last Updated on: 19th October 2023, 01:50 pm

Memphis Federal Criminal Lawyers: Your Guide to the Federal Justice System

Dealing with federal criminal charges can be scary and overwhelming. The federal justice system is complex, and the stakes are high if you’re convicted. That’s why having an experienced Memphis federal criminal defense lawyer on your side is so important.

In this article, we’ll walk you through the basics of the federal system and how a knowledgeable federal criminal lawyer can defend your rights. We’ll look at common federal crimes charged in Memphis, your constitutional rights, stages of a federal criminal case, potential defenses, and sentences you might face if convicted.

Common Federal Crimes in Memphis

There are hundreds of federal laws and crimes you can be charged with in Memphis. Some of the most common include:

• Drug crimes – Drug trafficking, distribution, manufacturing, and possession charges make up a huge chunk of federal cases. Marijuana, cocaine, heroin, fentanyl – you name it, the feds prosecute it.
• White collar crimes – Wire fraud, tax evasion, identity theft, embezzlement, money laundering, and other financial crimes are routine federal cases.
• Firearms offenses – Being a felon in possession of a firearm, using a gun in a violent crime, selling guns illegally – all federal.
• Sex crimes – Transporting individuals across state lines for prostitution, child pornography, and sex trafficking fall under federal jurisdiction.
• Terrorism – Providing support to designated terrorist organizations, making threats, or attacks on federal property.
• Immigration – Illegal re-entry after deportation, alien smuggling, and false citizenship claims are federal offenses.

There are many other federal crimes, but these tend to be the most common prosecuted in Memphis. The key is that they involve interstate commerce, crossing state lines, or uniquely federal interests like immigration or terrorism.

Your Constitutional Rights in a Federal Case

The U.S. Constitution provides important rights and protections for anyone facing federal criminal charges. Some key rights include:

• The right to remain silent – You never have to talk to federal agents or answer their questions if you’re detained or arrested.
• The right to an attorney – You can have a lawyer present for questioning and demand one if you can’t afford your own.
• Protection against unreasonable searches – Federal agents need a warrant or probable cause to search your property or documents.
• The presumption of innocence – The burden is on the government to prove your guilt beyond a reasonable doubt.
• The right to a speedy trial – Constitutional speedy trial rights limit how long the government can delay bringing your case to trial.
• The right to confront your accusers – You have the right to cross-examine all prosecution witnesses at trial.

Knowing your constitutional rights is key, because the feds have an overwhelming amount of resources on their side. Don’t say anything to federal agents without a lawyer.

Stages of a Federal Criminal Case

Once federal charges are filed, your case will go through several stages as it makes its way to trial or a plea deal:

1. Arrest – Federal agents may arrest you, often with an arrest warrant issued by a judge based on a criminal complaint filed by the U.S. Attorney’s Office.
2. Initial appearance – Soon after your arrest, you’ll be brought before a judge who informs you of the charges against you and your rights, including the right to an attorney.
3. Preliminary hearing – For felonies, a judge holds a preliminary hearing where the prosecution must show probable cause you committed the crime.
4. Grand jury – The government presents evidence to a grand jury, which may issue an indictment if it finds probable cause for the charges.
5. Arraignment – You appear in court to enter a plea – guilty, not guilty, or no contest – to the charges in the indictment.
6. Pretrial motions – Your lawyer can file motions arguing to suppress evidence, dismiss charges, and more.
7. Plea negotiations – Your attorney may negotiate a plea deal with the prosecutor to reduce charges or sentencing.
8. Trial – If no plea deal, your case will go to trial before a judge or jury, where the feds must prove guilt beyond a reasonable doubt.
9. Sentencing – If you’re convicted, the judge determines your penalty at a sentencing hearing based on federal guidelines.

An experienced federal criminal defense lawyer guides you through each stage to protect your rights.

Building a Strong Defense in Your Federal Case

Since the feds win over 90% of the cases they bring, having an aggressive defense is critical. A knowledgeable Memphis federal criminal attorney will thoroughly examine the evidence and identify the best defense strategies for your unique case. Here are some potential defenses we often employ:

• Lack of criminal intent – For many federal crimes, prosecutors must prove you had intent or “mens rea” to break the law. We can argue you acted innocently or mistakenly.
• Entrapment – If federal agents improperly induced or coerced you into committing a crime you otherwise wouldn’t, that’s entrapment.
• Unlawful searches – We scrutinize if federal agents had valid warrants, probable cause, or reasonable suspicion for searches. Any evidence from invalid searches can be suppressed.
• Miranda violations – If agents interrogate you without reading you your Miranda rights, your statements may be excluded.
• Self-defense – For assault, murder, or other violent crime charges, we may claim you acted reasonably in self-defense.
• Mistaken identity – Eyewitness misidentification is a common problem. We can show you weren’t the person who committed the crime.
• Alibi – With witnesses and records, we can prove you couldn’t have committed the crime because you were somewhere else at the time.

An experienced federal criminal lawyer will know how to analyze the prosecution’s case for legal and factual weaknesses. We won’t leave any stone unturned in defending your rights.

Federal Sentencing and Punishments if Convicted

Federal judges use the U.S. Sentencing Guidelines to determine penalties for those convicted of federal crimes. Key factors include:

• Your criminal history – More prior convictions mean longer sentences under the guidelines.
• Drug amounts – Trafficking larger quantities triggers mandatory minimum sentences.
• Use of a gun – Possessing a firearm during drug crimes or violent crimes adds years to sentences.
• Loss amounts – Higher losses increase sentences for fraud and theft crimes.
• Role in the offense – Leaders and organizers often get harsher sentences than lower-level players.

Federal judges have less flexibility than state judges in sentencing. Here are some potential federal sentences if convicted:

• Probation – For minor crimes by first-time offenders, judges may impose probation rather than incarceration.
• Prison – Felony drug trafficking, firearms offenses, and violent crimes often lead to multi-year prison sentences.
• Life in prison – Large scale drug trafficking, high-level frauds, terrorism, and other major crimes can result in life sentences.
• Death penalty – While rare, the death penalty is available for serious federal offenses like murder, treason, and drug kingpins.
• Fines – Most federal crimes authorize imposing hefty fines in addition to imprisonment.
• Forfeiture – The government can seize assets like cash, vehicles, and property connected to your alleged crime.
• Supervised release – After prison time, you’ll serve a term of federal parole-like supervision.

An experienced federal criminal defense attorney understands how to navigate federal sentencing guidelines and argue for the lowest possible sentence if you are convicted.

Why Hire a Memphis Federal Criminal Lawyer?

The bottom line is that the federal criminal justice system is a challenging arena even for experienced attorneys. That’s why having a knowledgeable Memphis federal criminal lawyer on your side can make all the difference.

Here are some key benefits a federal criminal defense attorney provides:

• We know how to exploit weaknesses in the prosecution’s case and build an aggressive defense.
• We have experience negotiating favorable plea bargains with federal prosecutors.
• We understand complex federal sentencing guidelines and how to minimize your potential penalty.
• We have relationships with federal judges and prosecutors that facilitate better outcomes.
• We know every angle of federal pretrial procedures, evidence rules, and trial tactics.
• We make sure your constitutional rights are protected each step of the way.

Don’t take chances with your freedom and future. Contact an experienced Memphis federal criminal defense lawyer today for a free case review. We’re here to fight for you.