Orlando Federal Crime Lawyer
If you live in the State of Florida, you are subject to two different sets of laws: Florida state laws and federal laws. Many people have heard the phrase “federal crime” or that someone is being sent to the “federal penitentiary” but are not fully aware of the difference between state and federal crimes. Federal crimes tend to involve larger-scope operations like conspiracies, drug trafficking rings, and securities fraud. They are also often punished more severely.
If you are facing federal criminal charges, you need a zealous legal advocate on your side who understands the federal court system. An experienced Orlando federal crime lawyer at the Joshi Law Firm, PA can help you build your strongest defense against federal charges, protect your rights throughout the process, and avoid the worst consequences of a conviction.
Federal vs. State Crimes
The primary difference between federal and state crimes is that state crimes are a matter of state law while federal crimes are a matter of federal law. There are limitations on the type of laws that the federal government can pass; they must concern a matter of national or interstate interest. Federal law does not cover, for example, simple drug possession, or even things like assault or murder, unless they trigger a matter of federal interest. Drug sales across state lines trigger federal law, as would assault or murder of a federal official or one that involves crossing state lines for the purposes of criminal activity.
If you are facing federal charges, that means that you will go to federal court. Federal court has its own set of rules and procedures, including rules about evidence, indictments, bail, court procedure, and sentencing. If the charges involve a felony, the federal prosecutor will need to present your case to a grand jury to seek an indictment. The United States government has significant resources and will often build a case over months or years before commencing a prosecution. You need a seasoned federal defense attorney on your side to match the zeal and power of the federal government.
Knowledge of Florida law, Florida procedures, and Florida police and prosecutors will not help in federal court. Practitioners of federal law, in fact, must ensure that they are admitted to practice in federal court. A seasoned federal defense attorney at the Joshi Law Firm, PA can help you understand your rights and the criminal court process in the federal system, how they differ, and how best to fight your case.
Common Federal Criminal Charges in Florida
A defendant in Florida can face a wide range of federal crimes, although some charges are more common than others. At the Joshi Law Firm, PA we help defendants charged with all manner of federal crimes. Some of the more common federal charges our experienced federal criminal defense attorneys help Florida defendants face include the following:
- Securities fraud
- Medicare and healthcare fraud
- Identity theft and computer crimes
- RICO racketeering
- Wire fraud and mail fraud
- Insurance fraud
- Tax fraud
- Federal drug crimes including smuggling, trafficking, and possession with intent to distribute
- Federal embezzlement and theft offenses
- Federal weapons charges, including unlawful dealing in firearms and felon in possession of a firearm
- Immigration crimes, including illegal re-entry, marriage fraud, naturalization fraud, and alien smuggling
Expunging Federal Charges
Under certain circumstances, arrests and/or convictions can be “expunged” or “sealed” from a defendant’s criminal record. Expunging or sealing a criminal record can help defendants move on with their lives without the stigma of an old arrest or conviction holding them back. Several courts have found that federal courts have the authority to expunge criminal records of an arrest or conviction when the arrest or conviction was found to be entirely invalid, and other courts have been willing to expunge arrest records where the government has no significant objection.
Expunging a valid federal conviction is much more difficult. Federal law allows defendants who were arrested when they were under the age of 21 for misdemeanor drug possession who obtain probation and no ultimate conviction to expunge those records. Outside of simple drug possession, however, there is no general pathway to expunging or sealing old federal convictions. Talk to a federal expungement attorney at the Joshi Law Firm, PA to find out if your federal criminal record is eligible for sealing or expunction.
Experienced Florida Federal Defense Lawyers Ready to Fight For Your Rights
The federal criminal defense legal team at the Joshi Law Firm, PA is ready to fight for you and your rights. Please contact our office for further inquiry or if you would like to set up a consultation. Call today at 407-661-1109. We look forward to hearing from you.