Georgia Federal Crime Defense Attorneys
A Federal crime is a crime which is being prosecuted in Federal Court - also called a United States District Court. Federal criminal investigations are conducted by the FBI (Federal Bureau of Investigation) and prosecuted by the U.S. Attorney's Office.
How do I know that my case is a Georgia federal case?
The easiest way to figure this out is to see if the FBI is investigating the matter, rather than local or state police. If the FBI is investigating the matter, there is a good chance the case will be prosecuted in Federal Court. There may also be other federal agencies involved such as the Federal Drug Administration (FDA), Criminal Division of the IRS (CID), Secret Service, DEA, Postal Service, ATF or Customs.
When does the FBI decide to investigate a matter rather than the local or state police?
1) The alleged crime occurred on federal property such as a military base or a national park.
2) The alleged crime took place in more than one state (crossing state lines) such as when someone is kidnapped and transported from one state to another or when someone sends child pornography over the internet.
3) The alleged criminal activity affected "interstate commerce" such as when someone uses the US Mail or an express mail service as a way of transporting illegal merchandise such as drugs or counterfeit money.
4) The victim of an alleged criminal act is a federal official.
What should I do if the FBI is investigating me or trying to contact me?
Anyone being investigated by the FBI or being prosecuted in Federal Court needs to seek legal counsel immediately. Federal investigations can be very complex and invasive (the power of the federal government is behind the investigation) and the sooner an attorney can intervene on behalf of the person being investigated, the more the attorney can usually help that person. By making contact with the prosecuting authorities early on in the investigation, defense counsel can normally help shape and influence the outcome of the investigation in a way favorable to the client. In some instances, it may be possible to stop the investigation before an arrest is ever made in the case.
What are the categories of federal crimes ?
Federal criminal conduct usually falls under one of seven (7) categories. These categories are similar to those found in State Courts. See below for a description of the seven (7) general categories of crimes.
The Seven Categories of Federal Criminal Offenses:
1) Fraud and Theft - This category involves those cases commonly referred to as "White Collar Crimes". The offenses most commonly charged under this category include: concealing assets during a bankruptcy; filing a false claim for postal or pension loss; possessing false papers in order to defraud the United States; making false credit applications; bank and deposit account fraud; using a computer, radio, or television to commit a fraud against another; and money laundering.
These offenses turn upon the knowledge and intent of the accused. The government must prove that the accused "intended to defraud" in order to convict. All of the above offenses contain the following elements that the government must prove in court. The government must show:
a) An act or conduct; and
b) an intent to deceive or cheat; and
c) an intent to bring about a gain or benefit or a cause of loss to another.
Fraud cases are almost always "paper intensive" in that they involve a variety of financial records and other related documents. Defense counsel will need to undertake a full investigation into his client's financial records and experts may be needed to help evaluate complicated financial transactions.
2) Property Crimes - This category includes a variety of offenses including theft of government property, embezzlement, counterfeiting, bribery, and interfering with the United States Mail. In cases of bribery, the offense normally involves bribing a public official or a witness. These cases may raise constitutional issues as the FBI usually searches and seizes the property of the accused from his home or business or storage facility as a part of their investigation. The prosecution must also show that alleged stolen property belonged to the United States; and that the accused intended to deprive the owner of the use and benefit of the property.
3) Sex Offenses - The main four federal sex offenses are sexual abuse; aggravated sexual abuse; sexual abuse of a minor or ward; and abusive sexual contact. In all of these cases, the matter can only be prosecuted in federal court if either the alleged criminal act occurred on federal property or the parties involved in the crime traveled or communicated over state lines. Many of these cases now involve the use of the internet - an e-mail can be deemed to have traveled "over state lines" simply if the server signal can be shown to have been electronically transported to a server in another state.
4) Child Pornography - The majority of these federal offenses involve trafficking, selling, distributing, or possessing child pornography through the use of computers and the internet. Because computers and the internet are almost always a part of these cases, the Georgia criminal attorney must have experience with how computers and the internet work. Many cases require the hiring of a computer analyst and internet expert to aid with the client's defense. Experts may also be needed to tell the age of the "children" photographed and to determine whether the photos have "artistic" merit or not. These cases may be prosecuted in Federal Court, provided the Federal government can prove they involved "interstate commerce." An internet signal traveling over state lines is deemed enough to justify interstate commerce in most cases. These cases also raise constitutional search and seizure issues as the FBI seizes the computers and all related CDs, files and disks from the accused person's home and/or business. The government must also prove that the accused intended to possess the pornographic items.
5) Firearms Offenses - The most common federal firearms violations are Felons in Possession of a Firearm; Possession of an Illegal or Unregistered Firearm; and Using or Carrying a Firearm during a Drug Trafficking Offense. All of these crimes require investigation by the defense attorney and his investigator as to the type of guns involved in the offense and any prior convictions the client may have from past conduct. These issues must be researched thoroughly as part of the defense of the person accused of any of these types of offenses.
Once again, these offenses may be charged in federal court because they concern interstate commerce issues such as the allegation that the firearm was manufactured in one state and then possessed by the accused person in another state.
6) Crimes against the Person - Some of the most common of these offenses prosecuted in federal court are murder, manslaughter, and assault (these become federal cases when it is alleged the crime occurred on federal property or on the high seas; kidnapping (transporting the victim over state lines makes it a federal case); robbery (the alleged criminal act must interfere with "interstate commerce" in order for it to be a federal matter); and bank robbery (this is a federal case because the bank's money is protected by the Federal Deposit Insurance Corporation). All of these charges are extremely serious and carry very severe penalties. They are defended much the same way as crimes against persons are defended under state law.
7) Drug Offenses - Most of these offenses involve selling, manufacturing or distributing marijuana, cocaine, heroine, or other illegal substances, and the criminal elements are similar to those found under state law. Most federal drug cases involve the transportation of narcotics or marijuana over state lines. This may involve transporting the drugs from one state to another in a motor vehicle or other means of transportation, such as a plane; or it may involve the use of the U.S. Mail or a private parcel delivery service such as Federal express or UPS to transport marijuana or narcotics.
If you are involved in a federal criminal matter, you are in need of accurate legal guidance and advice. The criminal defense attorneys at The Newtonon Law Firm, P.C. have been providing clients with this type of representation for over fifteen years. Criminal law is very complex, and our lawyers have a great deal of knowledge regarding matters in federal court.
