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

New York Federal Criminal Lawyers

Federal criminal charges in New York are no joke. The federal prosecutors and investigators here have immense resources and experience, and federal sentences tend to be harsher than state sentences. That’s why having an experienced New York federal criminal defense lawyer on your side is absolutely crucial.

Overview of Federal vs State Crimes in New York

In New York, a crime can potentially be charged under both state and federal law. For example, drug trafficking can be prosecuted under New York state statutes, but also under federal drug laws. The key differences between state and federal charges in New York include:

• Jurisdiction: Federal crimes involve interstate commerce, activities across state lines, or violation of federal statutes. State crimes violate New York penal codes.
• Investigation/Prosecution: Federal crimes are investigated by federal agencies like the FBI, DEA, ATF, etc. and prosecuted by the US Attorney’s Office for New York’s four federal districts. State crimes are handled by the NYPD and local District Attorney’s offices.
• Courts: Federal crimes are prosecuted in federal courts like the US District Courts for the Southern, Eastern, Northern and Western Districts of New York. State crimes go through New York state courts.
• Sentencing: Federal sentences tend to be harsher than state sentences for similar crimes. There are also mandatory minimums for some federal crimes.

So if you are facing potential federal charges in New York, having an attorney experienced in federal cases is critical.

Key Federal Crimes in New York

Some of the most common federal charges prosecuted in New York include:

• Drug Crimes: Drug trafficking, distribution, importation, etc. Major trafficking hub.
• Financial Crimes: Securities fraud, investment fraud, wire fraud, money laundering, etc. NY is a financial center.
• Public Corruption: Bribery, extortion, embezzlement of federal funds. NY has high-profile officials.
• Organized Crime: Racketeering, murder for hire, illegal gambling, extortion. NY has historic mob families.
• Cyber Crimes: Hacking, identity theft, computer fraud. NY is a tech hub.
• Terrorism: Material support for terrorism, weapons trafficking. NY is a major target.
• Immigration Crimes: Illegal re-entry, marriage fraud, transporting undocumented immigrants. Major immigrant population.

Violent crimes like murder or assault are typically prosecuted under state law, but can become federal charges depending on the circumstances. White collar and financial crimes are commonly charged as federal based on their interstate nature.

Why You Need an Experienced Federal Criminal Lawyer in New York

Federal prosecutors in New York’s four districts – Southern, Eastern, Northern and Western – are some of the best in the country. They take on complex, high-profile cases and have immense resources at their disposal. The federal judges are also known to hand down harsh sentences.

That’s why mounting a strong defense requires an attorney with specific expertise in federal cases. Things a skilled New York federal criminal lawyer can do for you include:

• Analyze whether your case could be prosecuted under federal and/or state law
• Advocate for charges to be filed in state court instead of federal court if possible
• Guide you through the complex federal criminal process
• Identify and exploit weaknesses in the prosecution’s case
• File motions to suppress evidence or dismiss charges
• Negotiate plea bargains for reduced sentencing
• Build strong defenses for trial if necessary
• Present effective mitigation at sentencing to reduce your punishment

An experienced federal crimes attorney understands the complexities and nuances of federal prosecutions in New York. They know how to navigate the system and deal with the formidable federal prosecutors. This can make all the difference in the outcome of your case.

Finding the Best Federal Criminal Defense Lawyer in New York

If you or a loved one are facing federal criminal charges in New York, here are some tips for finding the best attorney:

• Look for someone with extensive experience specifically in federal cases, not just general criminal defense. Check their background and case results.
• Find someone familiar with federal courts and procedures in New York, like filing motions, selecting juries, etc.
• Choose a lawyer with experience handling your specific type of charges, whether it’s fraud, drugs, etc.
• Understand the sentencing guidelines for your charges. Find someone experienced in federal sentencing advocacy.
• Consider lawyers who previously worked as federal prosecutors to understand the other side.
• Find someone you’re comfortable with and who will fight aggressively on your behalf. Personality fit matters.
• Be prepared to pay more for a top federal lawyer. The stakes are high, so don’t just choose based on cost.
• Look for someone with trial experience, not just plea bargains, as a trial may be necessary.
• Find a lawyer who is respected by judges and prosecutors, and won’t be intimidated.
• Choose someone who will be accessible throughout the process so you don’t feel alone.
• Understand the costs involved and get fee information up front. Federal cases can be expensive.

Doing your research to find the best federal criminal defense attorney in New York for your particular situation can have a huge impact on your case. Don’t leave it to chance.

The Federal Criminal Process in New York

If you are charged with a federal crime in New York, understanding the key steps involved in the process can help you prepare an effective defense:

Investigation

• Federal agencies like FBI, DEA, IRS, ATF, ICE conduct investigations for suspected federal crimes.
• Investigators use informants, surveillance, search warrants, subpoenas, etc. to gather evidence.
• Target letters may be sent outlining potential charges and seeking cooperation.

Arrest & Indictment

• Arrests can be made if there is probable cause you committed a federal felony.
• Within 48 hours of arrest, you will face a judge who sets bail and appoints counsel if you cannot afford a lawyer.
• A federal grand jury hears evidence and can issue an indictment formally charging you.

Arraignment

• At your arraignment, formal charges are presented and you enter a plea (guilty, not guilty, no contest).
• Discovery process starts where prosecutors share evidence with your defense.
• Defense counsel can file motions to dismiss charges or suppress evidence.

Plea or Trial

• Most federal cases end in plea bargains which require admitting guilt in return for lesser charges/sentencing.
• If no plea is reached, case proceeds to trial by jury or judge with intense cross-examination of evidence and witnesses.

Sentencing

• Federal sentences tend to be higher than state and have mandatory minimums.
• Federal sentencing guidelines consider the charges, criminal history, circumstances, etc.
• The defense presents mitigating factors aiming for leniency; prosecutors seek higher sentencing.

Appeal

• Convictions can be appealed to higher courts for procedural errors, insufficient evidence, ineffective counsel, etc.
• Sentences can also be appealed as excessive or improperly calculated.

Having a top federal criminal defense lawyer to guide you through each phase is key, as the stakes are extremely high.

Conclusion

Being charged with a federal crime in New York is extremely serious. The federal prosecutors here are second to none, and potential penalties are severe. Building an effective defense requires a lawyer with specific expertise in the complex world of federal criminal cases. They know how to analyze the charges, identify procedural problems, negotiate with prosecutors, and present the best defense possible whether it goes to trial or ends in a plea bargain. For the high stakes involved, choosing the right federal criminal defense attorney in New York is absolutely crucial, and could make all the difference in the outcome.