Last Updated on: 18th October 2023, 09:01 am

Milwaukee Federal Criminal Defense Attorney

If you have been charged with a federal crime in Milwaukee, you need an experienced federal criminal defense attorney on your side. Federal crimes often carry severe penalties, including lengthy prison sentences, that can disrupt your life forever. A knowledgeable lawyer can help protect your rights, build the strongest defense, and achieve the best possible outcome in your case.

In this article, we’ll cover key things to know about federal criminal charges in Milwaukee and how an attorney can help. We’ll look at common federal crimes, your constitutional rights, stages of a federal case, sentencing guidelines, and legal defenses. We’ll also discuss what to look for when hiring a federal criminal defense lawyer in Milwaukee.

Common Federal Crimes in Milwaukee

Some of the most common federal charges filed in Milwaukee include:

• Drug crimes – Drug trafficking, distribution, manufacturing, and possession crimes involving illegal substances like marijuana, cocaine, heroin, methamphetamine, and prescription medications.
• White collar crimes – Wire fraud, mail fraud, tax evasion, embezzlement, money laundering, identity theft, computer crimes, and other fraud-related offenses.
• Firearms offenses – Illegal possession of firearms, using firearms in drug trafficking or violent crimes, selling firearms without a license, possession of illegal weapons, and felons in possession of firearms.
• Sex crimes – Possession of child pornography, production of child pornography, sex trafficking of minors, transportation of minors for illegal sexual purposes.
• Immigration violations – Illegal reentry into the U.S. after deportation, alien smuggling, visa fraud, passport fraud, and false claims of U.S. citizenship.
• Violent crimes – Bank robbery, carjacking, kidnapping, and crimes that cross state lines or occur on federal property.

Because the penalties are severe, the federal government has immense resources, and federal sentencing guidelines are rigid, having an experienced federal criminal lawyer is critical.

Federal Sentencing Guidelines

Federal judges use sentencing guidelines to determine penalties. The guidelines assign point values based on the crime charged and factors like your criminal history, role in the offense, and whether a gun was involved. More points mean longer sentences. Judges can depart from the guidelines but usually stay within the range. Mandatory minimum sentences may also apply to certain charges. An experienced attorney can argue for the lowest sentence under the guidelines.

Common Federal Legal Defenses

Some defenses a federal criminal lawyer may use include:

• Lack of criminal intent – Argue you did not have intent to break the law, which is required for most federal crimes.
• Duress – Argue you only broke the law due to threats of harm against you or loved ones.
• Entrapment – Argue you were induced by law enforcement to commit a crime you wouldn’t have otherwise.
• Self-defense – Argue your otherwise illegal actions were necessary to protect yourself from harm.
• Insanity – Argue you lacked mental capacity to understand your actions or determine right from wrong.
• Misidentification – Argue you were mistakenly identified and did not actually commit the crime.
• Statute of limitations – Argue too much time passed between the alleged crime and the charges being filed.
• Illegal search and seizure – Seek to suppress evidence obtained through unconstitutional searches.
• Invalid confession – Seek to exclude a confession obtained under duress or without Miranda warnings.

An experienced lawyer knows how and when to deploy these defenses for the best results.

How an Attorney Defends Federal Criminal Cases

An experienced federal criminal defense lawyer uses a variety of tactics to build the strongest possible defense:

• They investigate the case thoroughly themselves, looking for inconsistencies, constitutional violations, and important evidence the government may have overlooked.
• They utilize motions to suppress evidence or statements obtained illegally in violation of your constitutional rights.
• They employ private investigators and forensic experts to independently examine evidence and testify for the defense.
• They research potential defenses that could defeat the charges or lead to acquittal.
• They negotiate aggressively with prosecutors to get charges reduced or dismissed through plea bargaining.
• They are prepared to take the case to trial, filing detailed pretrial motions, extensively preparing witnesses, assembling evidence, researching past case law, and vigorously cross-examining government witnesses.
• They object to improper statements and questionings by the prosecution, ensuring a fair trial.
• They compile mitigating factors about you and your life to present to the judge at sentencing, arguing for the most lenient sentence possible.
• If convicted, they file appeals challenging wrongful convictions, improper sentences, and constitutional violations.

Having an advocate as committed to your defense as federal prosecutors are to conviction can make an enormous difference in the outcome of your case.

Getting Legal Representation Early is Crucial

Retaining legal counsel at the earliest possible stage is critical. An experienced lawyer can immediately intervene to protect your rights, including:

• Attending questioning by investigators and instructing you not to answer questions.
• Demanding to see any warrants issued before you consent to a search.
• Negotiating with police and prosecutors regarding charges.
• Advocating for pretrial release rather than detention.
• Requesting early discovery of the prosecution’s evidence.
• Filing motions to suppress illegally obtained evidence.
• Conducting an independent investigation of the case.
• Negotiating a favorable plea bargain before indictment.

In addition, you want counsel who has time to thoroughly prepare your defense pretrial, not a lawyer rushing to play catch-up late in the case. Retain experienced representation as soon as you know you are being investigated.

Considering a Plea Bargain

Over 90% of federal criminal cases end in a plea bargain rather than trial. The risks of trial are substantial, including lengthy mandatory minimum sentences if convicted. An experienced attorney can negotiate with the U.S. Attorney’s Office to reduce charges to less serious offenses with lighter penalties or have charges dropped altogether in return for a guilty plea. This avoids the expense, stress and uncertainty of trial. In many cases, it is the most prudent option.

An accomplished federal defense lawyer knows what arguments and mitigating circumstances will motivate prosecutors to make a fair deal. They also know when the government’s case is weak and standing firm on going to trial is wise. Their guidance is invaluable in deciding whether to accept a plea offer.

Preparing for Sentencing

If convicted, skilled federal defense counsel makes an enormous difference at sentencing. They present the judge with mitigating factors about you and the offense, argue for downward departures from the guidelines, and request the most favorable prison placement. This can translate to years less prison time. A great lawyer leaves no stone unturned fighting for the most lenient sentence attainable.