Federal Criminal Defense

Distinctions Of Federal Crimes

Criminal charges under the jurisdiction of federal courts include those:

• Investigated by federal agencies such as the Drug Enforcement Administration (DEA)
• Involving activities in more than one state and movement across state lines
• Defined by federal statutes, such as immigration laws
• With serious dimensions (such as the weight of illegal drugs) or aggravating factors (such as the use of firearms)
• Occurring on federal property

When alleged crimes are clearly federal in nature, we are prepared to do whatever is necessary to advise and represent clients through processes such as:

• Grand jury investigations and indictments
• Federal evidence discovery rules and deadlines
• Application of minimum sentencing guidelines

Federal criminal charges include:

• Drug trafficking and other federal drug crimes
• U.S. immigration violations
• Kidnapping across state lines
• Counterfeiting, money laundering or wire fraud
• Medicare, Medicaid and other types of health care fraud
• Identity theft and fraud crimes
• Federal tax fraud

Whenever a client’s alleged activities amount to federal crimes, we seek to have their case handled by a state court rather than a federal one.

How Do Federal Charges Differ From State Charges?

When facing criminal allegations in North Carolina, it is crucial to understand the distinction between federal and state charges. Federal charges apply for crimes that violate United States federal laws, often involving activities that cross state lines or have a national impact.

In addition to activities like drug trafficking and fraud, assaulting or killing a federal official is also charged at the federal level. Even if the defendant was unaware of the other person’s status, charges may still apply.

State charges pertain to offenses that break statewide laws. They are processed through local court systems, with verdicts delivered by state judges or juries. Incarceration usually occurs in a state prison facility or localized jail.

While some crimes can fall under both jurisdictions, state crimes generally do not involve federal interests and are more common than federal offenses.

How Are Federal Crimes Prosecuted In North Carolina?

The prosecution of a federal crime within North Carolina borders typically follows a highly structured process. It begins with an investigation by the appropriate federal agency. If they find sufficient evidence to warrant further attention, formal charges may be filed.

The initial hearing or arraignment will take place in one of the three federal district courts in North Carolina: Western, Middle or Eastern. During the discovery phase, both parties exchange evidence, which may lead to discussions about a possible plea bargain.

Legal guidance is paramount to ensuring a proffered plea deal helps more than it hurts and to protect your rights. Potential risks of plea bargains include:

• Waives the right to trial by jury
• Creates a criminal record (regardless of guilt)
• Judges can choose not to adhere
• Eliminates the right to an appeal

If the case goes to trial, it is heard by a federal judge, and if convicted, the defendant may face significant prison time and fines.

Federal judges must consider federal sentencing guidelines, which provide recommendations based on the defendant’s criminal history and the nature of the offense. By contrast, state courts follow North Carolina’s established rules and laws for sentencing policies.

At  Frasier & Griffin, PLLC , our lawyers assist federal defendants in Raleigh, Durham and throughout Wake County in North Carolina.