Fairfax VA Federal Criminal Defense Lawyer
If you have been charged with a federal crime, you may be feeling overwhelmed and uncertain of what to do next. It is important to remember that you do not have to face this situation alone. An experienced federal criminal defense lawyer can help you understand your charges and devise an effective defense strategy to help you secure a better outcome for your case.
The Law Office of Scott C. Nolan, PLLC, is dedicated to providing top-notch legal representation to clients accused of committing a federal crime in Fairfax, VA, and surrounding areas.
If you are facing federal criminal charges, contact our law firm at 703-688-9236.
What Is Considered a Federal Crime?
Federal crimes are serious offenses that violate federal laws and are prosecuted by the United States government. Common examples of federal crimes include the following:
Fairfax criminal defense attorney Scott C. Nolan has received extensive training in DUI/DWI breath and blood testing, forensic toxicology, and the administration of Standardized Field Sobriety Tests.
- Mail fraud,
- Tax fraud,
- Drug trafficking,
- Terrorism,
- Hate crimes,
- Bank robberies,
- Child pornography,
- Identity theft.
Agencies such as the FBI or the IRS are responsible for investigating federal crimes and gathering evidence to prosecute individuals or organizations involved in these offenses.
In Virginia, federal criminal cases are usually handled in the Eastern or Western District Courts of Virginia. If a defendant is found guilty in a federal court, they can appeal the decision in the Fourth Circuit Court of Appeals. Federal crimes can carry stiff penalties, including lengthy prison sentences and large fines. That is why it is essential to hire a skilled federal criminal defense attorney if you have been charged with a federal crime.
What Are the Penalties for a Federal Crime?
It is a well-known fact that a federal criminal case often comes with the potential of much harsher penalties than a state criminal case. Federal judges use the U.S. Sentencing Commission’s Voluntary Sentencing Guidelines when deciding what sentence to issue in any particular case. These guidelines often suggest extremely long imprisonment sentences and fines that can be upwards of six or seven figures. A seasoned federal criminal defense lawyer can help argue for reduced sentencing and challenge guideline recommendations.
While these minimum sentencing guidelines are no longer mandatory, a large percentage of judges still rely on them to make decisions.
For example, mail fraud can carry a prison sentence of up to 20 years and a maximum fine of $250,000. If convicted of tax fraud, a defendant may be sent to prison for up to three years and be subject to a $100,000.00 maximum fine. Drug trafficking can result in a prison sentence of up to life in prison and a hefty fine of up to $10,000,000. If charged with terrorism, a defendant could be looking at a life sentence and a fine of $250,000. With so much at stake, working with an experienced federal criminal defense lawyer is essential to protect your rights and fight for the best possible outcome.
What Are the Differences Between a Federal Crime and a State Crime?
Federal crimes violate U.S. government laws, while state crimes violate state laws. Federal jurisdiction covers offenses affecting the nation, such as cross-state fraud, terrorism, and drug trafficking. State jurisdiction typically covers crimes within state boundaries, such as robbery and assault.
Federal agencies like the FBI, DEA, and ATF investigate federal crimes, while local law enforcement agencies, such as police departments, handle state crimes. However, some state crimes may become federal offenses if they cross state lines, such as kidnapping or fraud.
In certain cases, a crime prosecuted at the state level may also be tried at the federal level if deemed necessary, though a federal criminal defense attorney might argue double jeopardy applies to prevent a second trial for the same crime.
How Can You Defend Against a Federal Criminal Charge?
A criminal defense attorney can use several strategies to challenge a federal criminal charge, including questioning the evidence, challenging the court’s jurisdiction, asserting insufficient proof beyond a reasonable doubt, claiming entrapment, or arguing cruel and unusual punishment.
A common strategy is to argue that the prosecution’s evidence is inadequate, lacks credibility, or was obtained through an illegal search and seizure that violates constitutional rights. Another approach may involve challenging the court’s jurisdiction, asserting it doesn’t have the authority to hear the case. Additionally, a defense attorney may highlight inconsistencies in the prosecution’s case to argue that it hasn’t proven the crime beyond a reasonable doubt. A defense based on entrapment may argue that the defendant was induced by law enforcement to commit the crime. Finally, a defense attorney might argue that the sentence is too severe, violating the Eighth Amendment’s prohibition against excessive punishments.
How Can I Prepare for a Federal Criminal Trial?
Before attending any federal criminal trial, it is important to have a clear understanding of the charges against you. You will also want to have all relevant documents and evidence organized for review by your attorney. Your federal criminal defesne attorney can help you prepare for trial by running a practice session in which your attorney or an assistant can act as the prosecution and interrogate you in a similar manner as you may be interrogated in court. This will give you a chance to formulate your responses and practice staying calm and coherent under pressure.
Remember to be honest and fully transparent about every detail of your case, as omitting facts or lying to your attorney will only hurt your case and diminish your chances of a positive outcome. Additionally, a federal trial may be an emotionally challenging situation that could include the testimony of witnesses who may say things that make you angry and upset, but it is crucial to keep your composure and avoid any outbursts or inappropriate behavior in the courtroom, as this could potentially harm your case.
Why Should I Hire a Federal Criminal Defense Attorney for My Case?
Being charged with a federal crime can jeopardize your freedom, reputation, and future. A conviction can disrupt your life, harm relationships, and make it difficult to secure employment or opportunities that require a background check. Thankfully, a federal criminal defense attorney can help you challenge your charges.
Each federal criminal case is unique, so it’s essential to consult an attorney who understands your situation. At The Law Office of Scott C. Nolan, PLLC, clients in Fairfax, VA, receive dedicated legal representation. Our attorneys have experience handling various federal charges and will work to secure the best possible outcome for you.
Contact us today at 703-688-9236 to schedule an initial consultation.
Federal Crimes FAQs
A federal crime in Virginia is an offense that violates U.S. federal law, such as drug trafficking, fraud, white-collar crimes, firearms violations, or offenses that cross state lines. It also includes any crime committed on federal property, and Virginia has a lot of federal property.
Federal charges are prosecuted under U.S. federal law in federal courts, whereas state charges are prosecuted under Virginia law in state courts. Federal cases often involve more severe penalties and stricter procedural rules.
Penalties can include significant fines, lengthy prison sentences, supervised release, and mandatory restitution depending on the severity of the offense.
The process typically includes investigation, grand jury indictment, arraignment, pretrial motions, plea negotiations or trial, and sentencing following federal guidelines.
A skilled federal criminal defense lawyer can challenge evidence, negotiate plea agreements, file pretrial motions, and represent you in court to protect your rights and achieve the best possible outcome.
A federal indictment is a formal accusation by a grand jury in a federal case, while state charges are filed by local or state prosecutors. Indictments often follow a detailed investigation and can lead to more serious consequences.
Federal law enforcement may arrest individuals based on probable cause or indictment, take fingerprints and photographs, and schedule an initial appearance before a federal magistrate judge.
The court may grant pretrial release or set bail, considering factors like flight risk and public safety. Federal conditions can include electronic monitoring, travel restrictions, and reporting requirements.
Plea bargaining involves negotiating a deal with federal prosecutors to reduce charges or penalties, often in exchange for a guilty plea, saving time and avoiding a trial.
Federal sentencing guidelines provide a structured framework for determining prison terms and fines, considering offense severity, criminal history, and other relevant factors.
Yes. Federal criminal charges are complex, and an experienced federal defense lawyer is essential to navigate procedures, challenge evidence, and protect your rights.
Yes. Depending on the evidence and circumstances, a federal defense attorney may secure reduced charges, negotiate favorable plea agreements, or argue for dismissal of the case.
The timeline varies, typically ranging from several months to years depending on case complexity, pretrial motions, plea negotiations, and court scheduling.
Yes. Federal convictions can impact employment, professional licensing, immigration status, and can influence state criminal or civil proceedings.
Avoid self-incrimination, limit communication about the case, and contact an experienced Fairfax federal criminal defense lawyer immediately to protect your rights and build a strong defense strategy.
