Sumter Federal Crime Lawyer

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Sumter Federal Crime Attorney

If you have been charged with a federal crime or believe you are under investigation for a crime, you need to speak with a Sumter federal crime lawyer promptly. Federal crimes are some of the most serious offenses and can lead to substantial penalties. Facing these charges alone can be scary and challenging. An experienced lawyer can help you create a legal defense against the charges and explain the full extent of your legal rights.

Federal Crime Process

If you’re facing criminal charges, it’s important you have an understanding of the federal criminal justice process. The first step should be to consult with an experienced Sumter federal crime lawyer. You should not speak with investigators before speaking with your lawyer. Anything you say to these agents can and likely will be used against you in your case. Speak with your lawyer to create your game plan before speaking with anyone else about your case.

There are several other steps that should also be considered:

  • Investigation: Initially, there will be federal agencies employed to investigate the case and collect evidence. Depending on the type of crime, the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), or other federal agencies could be involved. These agencies will work with the prosecution to attempt to build a compelling case against you.
  • Charging: After the evidence has been collected and the case has been built, the prosecution will file charges. When you are indicted, you are given a formal notice. The indictment contains basic information about the charges brought against you. If your case proceeds to trial, it will be held in a US District Court.
  • Discovery: Before the trial can begin, there is the discovery process. This allows the prosecutor and the defense time to build their case. Each side will likely prepare witnesses and review all evidence.
  • Plea bargaining: If the prosecution’s case is strong enough, the defense may elect to enter a plea bargain if offered. This is an arrangement where the defendant pleads guilty to the crime in exchange for lighter criminal penalties, such as a shorter prison sentence. This option is available until a verdict is reached.
  • Trial: This is where each side will present their case before the court. Evidence will be presented, and witnesses will be called to testify.
  • Sentencing: The court will review the entire case, consider all factors, and issue a sentence. The US Sentencing Commission has sentencing guidelines pre-determined for some types of crimes.
  • Appeal: If the defendant is found guilty, they may appeal the decision to the Circuit Court. An attorney can help you through this difficult process.

Defenses Against Federal Crimes

Just like at the state level, the federal prosecution must prove beyond a reasonable doubt that you committed the alleged crime. If there is not enough evidence or available witness testimonies to meet this burden of proof, a conviction is unlikely to be obtained. However, law enforcement may violate your legal rights under the US Constitution in order to obtain evidence or draw out a confession. It’s not necessarily common, but it has happened before, and it’s always a possibility.

An experienced Sumter Federal Crime lawyer can review and investigate your case and create a legal defense tailored to you. Some common defenses against federal crimes include:

  • Alibi: If you can prove you were somewhere else at the time of the crime, this could be your legal defense. Supporting evidence could include testimonies of others, surveillance footage, phone records, or receipts from restaurants or places where you were present.
  • Insanity: This defense is less common. You must prove you were suffering from a mental disorder or disease at the time of the crime. This means you were unable to distinguish right from wrong. This defense is rare because it requires you to admit to committing the crime and then prove insanity.If the court disagrees with the insanity assertion, then you just admitted to committing the crime and likely give the prosecution an easy win. Finally, if the insanity defense is successful, it could result in institutionalization.
  • Constitutional violations: The way evidence is collected and the behavior of law enforcement are important to analyze in every legal case. If your rights were violated or infringed upon, your case may be dismissed.Constitutional violations could be an illegal search and seizure, failure to obtain a warrant, coercing a confession, or failing to read your Miranda Rights at the time of the arrest. Any mistakes made by law enforcement could provide ammunition in your legal defense.
  • Innocence: This is one of the simplest defenses. You do not have to prove your innocence; the prosecution must prove you are guilty beyond a reasonable doubt.
  • Self-defense: For crimes such as battery, assault, or murder, self-defense may be used to justify the incident. This can excuse the violence committed. For example, if a man attacked a victim with a knife at a bar, the victim has the right to defend themselves.
  • Involuntary intoxication: If you were in a state where you didn’t know what you were doing due to intoxication, you may lack intent.
  • Duress or coercion: If you were coerced into doing something or did something under duress against your better judgment, it may be a legal defense. This essentially means you were forced to commit the crime.
  • Entrapment: If law enforcement abuses their authority or causes you to commit a crime, you can assert law enforcement caused you to commit the crime.
  • Statute of limitations: There is a statute of limitations related to each type of charge. The timeline can vary, but the prosecution has a limited amount of time in which they can file charges against you. If the statute of limitations has passed, your case may be dismissed.

FAQs

Q: What Is the Most Common Federal Crime?

A: Some of the most common federal crimes are drug offenses. This can include drug trafficking, distribution, or manufacturing. Any unlawful possession of a controlled substance could result in serious criminal charges against you. The government takes these cases very seriously, and you will need an attorney to help you prepare a legal defense.

Other common federal crimes include fraud, cybercrime, and firearm offenses. Each of these cases could result in substantial fines or imprisonment. Speak with an attorney immediately.

Q: What Is the Difference Between State Crimes and Federal Crimes?

A: The difference between state crimes and federal crimes is that state crimes are prosecuted by state authorities. This could be local police, state courts, or district attorneys. The laws and legal processes may vary from state to state. Federal crimes are prosecuted by federal agencies in federal court. In these cases, it’s not uncommon for the FBI, ATF, or DEA to be involved in the case. Federal crimes could include tax fraud, money laundering, counterfeiting, or forgery.

Q: What Is a Federal Crime?

A: A federal crime can be any act that violates federal law in the United States. A federal crime may be prosecuted in federal court. Federal law enforcement, such as the FBI or DEA, may investigate the case, and a federal judge will preside over it in court. Federal crime penalties could be severe depending on the specific details of the case. Federal crimes can be classified by letter grades. For example, a class A felony is the most serious.

Q: What Are the Penalties for a Federal Crime?

A: The penalties for a federal crime can be severe, but they ultimately depend on the circumstances of the case. The type of criminal offense, the available evidence, and the level of legal representation will factor into the penalties. The US Title 18 Code 3559 outlines the varying federal crimes and their potential penalties.

Even minor federal charges could lead to prison time. A criminal conviction could lead to serious effects on a person’s life. A criminal defense attorney is a necessary resource to engage.

Q: Why Do I Need a Federal Crime Lawyer?

A: If you’ve been charged with a federal crime, you need a federal crime lawyer. Federal law can differ from state law, and you need to engage a lawyer who has experience dealing with these kinds of charges. A lawyer gives you the greatest possibility of successfully defending yourself in court or at least getting your charges reduced. Going up against the US government alone is a recipe for disaster. An experienced lawyer can review your case, analyze the evidence, and prepare a strong defense.

A Law Firm That Can Help

Federal charges should be taken seriously. A conviction can ultimately cause serious stress on you and your family’s lives. It could negatively impact your life even outside of criminal penalties like fines and imprisonment, including your ability to gain employment, educational opportunities, or housing.

At Deas Law Firm, our legal team in Sumter, SC has the experience and acumen needed to help you through the difficult court process. Whether you are filing in a state court or federal court, our team can provide the needed legal advice. We can be the trusted legal resource you need, answering any questions you have and helping ensure you satisfy all legal requirements. Contact us at our office today to speak with a knowledgeable member of our team.

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