Federal offenses are incredibly serious. If you are facing charges or an investigation for a federal criminal offense, it is essential that you find the right Miami federal criminal defense lawyer to protect your future and your rights. Federal offenses are crimes that have a nationwide or interstate interest. Penalties can impact the rest of your future. Having the right attorney can prevent or limit the effect a conviction can have on your life.
If you are investigated or contacted by federal agencies or have been arrested, securing legal representation with federal court experience as soon as possible is crucial. It can be overwhelming to face these charges, and legal support can help you make sense of your situation. Your attorney can also protect your rights and prevent these agencies from working to secure false or coerced confessions and other information from you.
Federal Criminal Defense Attorneys With a Record of Success
Federal offenses are very serious, and the legal representation you work with needs to be exceptional. At the Law Office of Ramon de la Cabada, our lead attorney has over 34 years of legal experience, including experience as a criminal prosecutor. This gives our team unique insight into how prosecutors manage cases.
It takes time to craft a strong defense, particularly for federal offenses. It is important to bring your federal criminal case to our team as soon as you are aware you are being investigated or when you have been charged. We will leverage our resources and knowledge to help create an effective defense for your unique situation. We can listen to your side of the story and learn what we can do to obtain the most beneficial outcome for your case.
The Importance of Legal Representation
When you face these serious offenses, you need legal representation to protect your rights and guide you through each step of the criminal justice process.
Our firm has a strong reputation for reliable and quality legal care. We have successfully supported clients against state and federal charges, working to secure the ideal outcome in a criminal case. Our firm has professional connections with state and federal courts in Miami. Ramon de la Cabada is fluent in Spanish, enabling him to provide legal representation to even more individuals and families in nearby communities.
Understanding the Difference Between State and Federal Offenses
State offenses are charged when you break state laws, while federal offenses are charged when you break federal laws. Most offenses are state offenses, but a criminal case could also be charged at the federal level if it meets certain criteria, such as:
- Crimes that cross state lines, such as cybercrimes, fraud, human or drug trafficking, or kidnapping across state lines
- Immigration law violations
- Crimes that occurred in a federal building or on federally owned land
There may be other reasons why a criminal case is of interest to a federal enforcement or investigative agency. Even a simple criminal offense could trigger federal interest if the circumstances are right.
A primary difference between state and federal offenses is that federal sentencing is much more serious, and federal agencies have significantly more resources to leverage to charge and prosecute you. These agencies can take years to create a case against you before presenting the case to the federal grand jury. Federal courts also have unique requirements and procedures compared to state courts, which can make it especially complex for those unfamiliar.
Sometimes there is an overlap between Federal and State offenses. Consulting with an attorney is crucial because there are distinct advantages in each system that need to be explored. Another key component to hiring an experienced federal practitioner is their knowledge of the federal sentencing guidelines. Having a lawyer that is well versed in the federal sentencing guidelines can take years off your sentence.
Criminal Cases
Criminal cases that are charged in Miami as federal offenses will be handled by the U.S. District Court for the Southern District of Florida. There are three courthouses in the complex, including:
- The Wilkie D. Ferguson, Jr. U.S. Courthouse, located at 400 North Miami Avenue
- The C. Clyde Atkins U.S Courthouse, located at 301 North Miami Avenue
- The James Lawrence King Federal Justice Building, located at 99 N.E. Fourth Street
Federal Criminal Defense Cases We Handle at the Law Office of Ramon de la Cabada
It is essential that you work with a criminal defense lawyer who is licensed to practice in federal courts and has experience in the type of criminal case you are facing. These cases are uniquely complex, and an inexperienced attorney will be less equipped to navigate the process of prosecution or build the strongest defense for your case. At the Law Office of Ramon de la Cabada, we have experience in some of the following areas of federal criminal defense:
Drug Trafficking
When drug trafficking charges cross state or international borders, it is of federal interest. The severity of a federal trafficking offense relies on several factors, such as the amount of substance present in the offense, the number of prior offenses the individual has been convicted of, and the schedule of the drug in the offense.
Schedule I controlled substances are considered the most dangerous substances, with a high likelihood of dependence and abuse and no accepted medical use. Schedule V substances are considered the least dangerous and have a low potential for abuse.
Some penalties for first-offense federal trafficking of these substances may include:
- Between five and 40 years imprisonment and a fine of up to $5 million for an individual trafficking certain amounts of Schedule I and II substances, such as one to nine grams of lysergic acid diethylamide (LSD) or five to 49 grams of pure methamphetamine
- Between 10 years and life imprisonment and a fine of up to $10 million for an individual’s first offense trafficking higher amounts of Schedule I and II substances, including 10 grams or more of LSD, 50 grams or more of pure methamphetamine, or one kilogram or more of heroin
- Up to 10 years imprisonment and a fine of up to $500,000 for individuals for trafficking any amount of a Schedule III substance
- Up to five years imprisonment and a fine of up to $250,000 for individuals for trafficking any amount of a schedule IV substance except for flunitrazepam
- Up to one year imprisonment and a fine of up to $100,00 for an individual trafficking any amount of a Schedule V substance
Safety Valve provisions can reduce significant years off the above referenced sentences for drug offenses.
Immigration Offenses
Immigration offenses are handled federally, and these are offenses that both individuals and businesses must be aware of. This includes offenses like:
- Improper entry and illegal reentry. These offenses could result in up to six months or up to two or 20 years of imprisonment.
- Harboring, transporting, or smuggling. Federal offenses like these can result in years in prison and bring enhanced penalties when they are committed for private or commercial advantage.
- Immigration fraud. This includes marriage fraud, visa fraud, false statements, and passport fraud. These offenses carry penalties ranging from three to 25 years.
An experienced attorney can help individuals, families, and businesses facing federal immigration charges.
Violent Crimes and Weapons Offenses
In 2019, there were 81,270 violent crimes committed in Florida. 2,850 of these were in Miami. Violent crimes and weapons offenses are not always charged federally. Federal offenses against the person include first- and second-degree murder, assault with intent to commit murder or aggravated assault within federal jurisdiction, kidnapping that crosses borders, and violent crimes that aid racketeering enterprises.
Weapons offenses include the possession of a firearm by a felon or other prohibited person and the knowing sale or gift of a firearm to a prohibited person. It also includes the use of a firearm during the commission of any federal offense. First offenses can result in up to five or 10 years imprisonment.
All of these offenses can have serious consequences, and it is crucial that you secure dedicated legal support.
Sex Crimes
Sex offenses may be charged federally for crossing state lines, including when this occurs online. Federal offenses for child pornography have penalties such as up to 20 or 30 years imprisonment, with mandatory minimum sentences between five and 15 years. Other sex offenses that may be charged federally include aggravated sexual abuse and aggravated failure to register as a sex offender.
These offenses can have serious repercussions on your future and your personal and professional reputation. Securing skilled legal representation is essential.
Federal guidelines for sex crimes are much higher than in state court. Having an attorney that understands the sentencing differences is a must.
White Collar and Financial Crimes
There were 11,226 arrests in Florida in 2019 for fraud offenses and 1,047 for embezzlement. Many white collar crimes that cross state lines could be charged federally, or offenses that involve fraud committed against federal agencies. Federal financial and white-collar offenses could include certain antitrust offenses, racketeer-influenced and corrupt organizations, or RICO offenses, and computer fraud.
Although most financial and cybercrimes are non-violent, they are still harshly prosecuted and can result in fines, imprisonment, and restitution paid to the victims of the offenses. Experienced legal representation is necessary to protect your rights.
How a Federal Criminal Defense Lawyer Can Help You
When you work with a federal criminal defense lawyer, you improve your chances of a beneficial outcome to your case. This may include a plea deal that limits the severity of your charges, a defense that prevents you from being convicted, or getting the charges against you dropped. An attorney supports you through each part of the federal criminal justice system.
The sooner you begin working with an attorney, the sooner they can begin protecting your rights against federal prosecutors and investigative agencies.
Experienced Legal Representation in Federal Courts With the Law Office of Ramon de la Cabada. Mr. de la Cabada has extensive experience in this area that allows him to identify which law enforcement agencies focus on what charges and how many resources could be applied to an investigation.
From the moment you are aware of a federal investigation or arrest, get in contact with our firm for legal defense. We have significant experience to rely on and can legally support you and give you stability during this stressful time.
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