Federal criminal cases often involve detailed and lengthy criminal investigations, aggressive prosecutions, and harsh sentencing. When you are confronting a federal criminal charge, you are going up against the full weight and power of the federal government. This can be an intimidating time for anyone.
The consequences of a criminal conviction are grave and include potential prison time in a federal prison for many years, financial ruin, and irreparable harm to your reputation. Even a first-time offense can result in a lengthy prison sentence, thanks to federal sentencing guidelines. Generally, federal sentencing is much harsher than sentencing would be in state court for similar criminal charges.
During this difficult time in your life, you need dedicated criminal defense services. The federal criminal defense attorneys at the Law Office of Mike Howard are here to help guide you compassionately throughout this process while providing aggressive legal representation. Contact us today for a confidential consultation with our federal criminal defense lawyers in Dallas, Texas.
Understanding Federal Criminal Cases
A federal criminal case begins with an investigation led by federal agents such as the FBI or DEA. Usually, you are under investigation for some time without knowing it. Consequently, when federal law enforcement contacts you, it’s rarely a friendly visit.
Sometimes you may receive a “target letter,” or agents will simply show up wanting to talk. An experienced Dallas federal criminal attorney will push to find out this important information and advise you accordingly. Prosecutors often bring federal charges under seal, meaning you won’t know until they arrest you that you’ve been charged.
It’s important to remember that you have important rights that can protect you from government overreach. Vitally, you have the right to remain silent when questioned by law enforcement. You have the right to have a federal criminal defense lawyer present during questioning to advise you. Usually, you should not talk to any law enforcement agent without first speaking to a Dallas federal criminal defense attorney at our firm first. Our team can help protect your rights.
How Can a Federal Criminal Defense Lawyer Help Me?
When you are facing federal criminal charges, you need a skilled and experienced federal criminal defense attorney to protect your legal rights. Federal criminal defense lawyers can help with all aspects of the case, including the following:
Explaining Your Legal Rights
A federal criminal defense lawyer begins the process by meeting with you to discuss your particular situation. They can review your charging documents, target letter, or other official documentation to identify the charges against you. Then, they explain what these charges mean and the potential consequences.
A criminal defense lawyer can explain the legal process to you and the rights that you have during the investigative process, including the right not to incriminate yourself and the right to remain silent. These are fundamental rights you should keep in mind while dealing with federal authorities.
Investigating the Case
A federal defense lawyer can conduct an independent investigation. While government investigations are used to confirm a suspect’s guilt, a defense investigation can help reveal critical evidence that provides a different perspective. A lawyer may be able to uncover additional evidence that can aid your criminal defense.
Challenging Evidence
One of the most important roles of a federal criminal defense attorney is to challenge the prosecution’s evidence. The evidence may have been illegally obtained or is not reliable due to violations of procedural regulations.
Your lawyer might file motions to have evidence suppressed in your case, or your lawyer may cast doubt on the reliability of evidence at trial.
Negotiating Plea Bargains
Federal prosecutors may offer plea deals in exchange for cooperating with ongoing investigations or to avoid the hassle and expense of a trial. Cooperating has its pros and cons, but it can lead to substantial reductions in a person’s eventual sentence. Your attorney can advise you on whether accepting a plea agreement is in your best interest or whether you should proceed to trial.
Representing You in Court
If you choose to fight the charges in court, your lawyer can represent you there. They can cross-examine the prosecution’s witnesses, challenge the evidence, and argue for you. They are dedicated to protecting your legal rights at every stage of your case.
Advocating For You at Sentencing
If you are found guilty, your federal criminal defense attorney can make a incredible difference at sentencing. They can guide you how to put your best foot forward at the interview probation conducts before drafting their pre-sentence report or PSR. A skilled federal criminal lawyer can file objections to mistakes and unfair characterizations in the PSR which can greatly reduce your sentence liability. They can highlight mitigating factors that weigh in favor of lighter sentencing, such as mental health issues or addiction problems. Your lawyer will try to reduce the severity of any punishment you face.
Why Should I Choose the Law Office of Mike Howard for My Criminal Case?
When confronting criminal charges, you have your choice of a criminal defense attorney. The Law Office of Mike Howard has over 20 years of criminal law experience and a strong track record of success with over 120 dismissals since 2020. Client satisfaction is paramount to our criminal defense law firm and is evidenced by a 4.8 Google review rating out of more than 176 reviews.
When you hire our criminal firm, you benefit from our:
- Open communication policy
- Compassionate legal guidance
- Reputation with a history of dismissals, reductions, and trial wins
- Honest and upfront pricing
Contact us today to learn more about how our attorneys can help.
Differences in State vs Federal Crimes
State and federal criminal cases differ significantly, with some of the major differences in federal cases involving the following:
Federal Agencies
Federal agencies often investigate federal crimes, such as:
- FBI
- DEA
- ATF
- IRS
- U.S. Secret Service
- Immigration and Customs Enforcement
- Customs and Border Patrol
- Office of Inspector General
Unlike with state cases, federal cases may involve extensive investigations that last for months or years. Federal agencies generally have more resources than state agencies, which often allows them to secure wiretaps, surveil suspects, and use other methods to gather strong evidence against defendants.
Types of Crimes
State-level offenses involve violations of state laws, such as theft, driving while intoxicated (DWI), or assault. Federal crimes involve the violation of federal laws or criminal activity that is exclusively within the jurisdiction of the federal government, such as fraud or federal drug offenses.
Federal Procedures
Defendants charged with state crimes are charged in state courts and are subject to state laws and procedures. Those charged with federal crimes are charged in U.S. District Courts. Assistant U.S. Attorneys from the U.S. Attorney’s Office prosecute federal cases.
The federal court process differs significantly from the state-level process. Federal prosecutors often present their evidence before a grand jury before making any arrest. If the grand jury issues an indictment, the defendant appears before a magistrate judge as part of an initial appearance and then attends an arraignment. The defendant may attend several pre-trial hearings before the case goes to trial.
State cases generally follow an arrest warrant. In a state case in Texas, the defendant is usually arraigned within 48 hours of the arrest. Misdemeanor cases are not indicted but considered filed once the District Attorney decides to file the case. Felony cases are presented to a grand jury who must return an indictment before prosecution moves forward.
Discovery rules also differ. Federal discovery is more limited than state cases. Prosecutors are not required to share evidence immediately and can withhold certain materials until trial.
Federal Sentencing Guidelines
Federal sentencing guidelines apply in federal cases but not in state cases. These guidelines serve as a recommendation to judges, but many follow them. These guidelines also include many mandatory minimum sentencing recommendations.
Because of these differences and because the federal criminal justice system involves more resources and such strict penalties, it is in your best interest to hire a lawyer experienced in handling federal cases.
Types of Federal Crimes We Handle
Many criminal offenses can be federal crimes. Federal criminal laws are extremely broad and seemingly grow every day. Often federal criminal offenses involve conduct that crosses state lines, involves interstate commerce, or involves high-priority issues. When you choose a Dallas federal defense attorney to stand with you, you need someone with experience handling a wide variety of crimes.
- White Collar Crimes
- Fraud
- Embezzlement
- Federal Drug Crimes
- Money Laundering
- Federal Sex Crimes
- Federal Weapons Charges
- Bribery
- Public Corruption
- Conspiracy Charges
Consequences of a Federal Criminal Conviction
One of the most essential reasons why you need to hire a federal criminal defense attorney is to try to minimize or eliminate the possibility of being convicted of the crime. If you are convicted, your life will never be the same. You could be facing significant criminal consequences, which can include lengthy prison sentences, hundreds of thousands or millions of dollars in fines, loss of your property through the civil asset forfeiture process, and other serious consequences.
Most significantly, you can face mandatory minimum sentencing, which provides a minimum amount of time a defendant should stay behind bars based on the particular crime. Some examples of minimum sentencing include:
- Drug trafficking convictions, which can carry penalty ranges of 0-20 years or 10 years to life, depending on the type of drug and quantity
- Weapons charges, which provide enhanced penalties that stack on top of other criminal sentences
According to the United States Sentencing Commission, 29.6% of federal cases in 2022 involved minimum mandatory sentencing. With mandatory minimum sentencing, criminal defendants often face much harsher penalties than they would if charged in state court.
Can I Face Criminal Charges in Federal and State Court?
The United States Constitution’s Fifth Amendment protects criminal defendants from the possibility of double jeopardy, which is being tried for the same crime twice. However, since state and federal governments are considered separate, it’s possible for a defendant to face similar charges on the state and federal levels for the same conduct. Therefore, you could face federal and state criminal charges simultaneously, highlighting the importance of hiring an experienced state and federal criminal defense lawyer.
Stages of a Federal Criminal Case
Federal criminal cases follow this general process:
- Investigation – The process begins with a formal investigation by a federal agency, such as the FBI, DEA, or IRS.
- Charging document – Federal prosecutors determine whether to file charges based on a grand jury indictment or a direct charge. The grand jury reviews evidence confidentially and issues an indictment if they believe probable cause exists.
- Arrest and initial hearing – Federal agents arrest the defendant, who must appear before a judge for an initial hearing. Here, the judge informs the defendant of the charges against them and makes decisions regarding bail.
- Arraignment – The defendant formally hears the charges against them and enters a plea of guilty or not guilty.
- Pretrial – Both sides exchange evidence through the discovery process. Lawyers may file legal motions, such as to suppress evidence or dismiss criminal charges. Bail hearings may also be set, but federal judges are stricter about issuing bail.
- Plea bargaining – The case may conclude if the defendant accepts a plea deal.
- Trial – If the defendant has pleaded not guilty, the case will proceed to trial. At trial, your criminal defense attorney challenges the government’s evidence, cross-examines witnesses, and presents arguments to the jury.
- Sentencing – If the defendant is convicted, sentencing ensues. The judge considers the severity of the crime, the defendant’s criminal history, and other factors when issuing a criminal sentence.
Appeals and requests for post-conviction relief can follow.
Understanding this process and having legal assistance throughout it is essential to protecting your legal rights. A criminal defense attorney can begin mounting a defense for you and guide you through the process outlined above.
Contact Our Federal Criminal Defense Lawyers in Dallas Today
If you’re facing federal charges for wire fraud, tax fraud, or other federal crimes, or if you suspect you’re under federal investigation, you need an experienced criminal defense attorney. The Law Office of Mike Howard can provide the dedicated legal representation and client advocacy that you deserve. Contact us today for a confidential consultation.
Dallas Federal Criminal Defense Attorney
Contact with a federal agent will put your rights, your freedom, your career, and your family at risk. If agents contact you as a “target” or through an arrest, contact a Dallas federal criminal lawyer before you say anything. With literally everything on the line, you cannot afford to delay to seek representation from an experienced and dedicated Dallas federal criminal defense lawyer.
A Different Kind of Criminal Lawyer
We approach our clients differently than a lot of attorneys. Above all, our philosophy is that being a great attorney is more than getting you a great result. First, our office is centered around you. This means we start by truly listening to you to understand your case and your goals. Further, our team works to provide you with a client experience that is as easy and stress-free as possible. Answering your questions and keeping you informed is very important to us. Most importantly, we treat you as a person, not a number. Finally, our goal is to achieve the best possible result for you. If you’re looking for a different kind of attorney, you’ve come to the right place.
“Mike and his team made me feel the most comfortable...
I called a few Attorneys and Mike and his team made me feel the most comfortable. This is my first time being in a situation like this but the professionalism and communication really put me at easy especially because I’m out of state I needed someone I could trust with my life. He broke down everything for me step by step and helped me through a situation that could’ve ruined my career. So I’d like to thank Mike again for getting my case rejected!!
Ashley Thompson
Federal Criminal Defense Lawyer FAQ
As they say, knowledge is power. The key to getting to the other side of a federal criminal case is to understand the law and your options as best you can. Dallas federal criminal defense attorney Mike Howard believes that clients should fully understand their case. Some common questions include:
What Are My Rights During a Federal Criminal Investigation?
If you are arrested or detained for questioning, it’s vitally important to remember you have the right to remain silent. You do not have to answer the agents’ questions. Anything you say can be used against you. Sometimes they will try to scare you. Never forget that you have the right to consult with an attorney before and during any questioning.
Why Am I Being Charged With a Federal Crime Instead of a State Crime?
Many federal crimes have state crime counterparts. This means law enforcement often has a choice of whether to bring charges in state or federal court. Federal criminal charges are generally more severe. They often carry mandatory minimum sentences and other harsh sentencing guidelines. Federal crimes typically involve the following:
- committed on federal land
- crosses state lines
- involves interstate commerce
- most computer or cyber crimes
- conduct that the government has deemed high priority
What Can I Expect from Hiring a Dallas Federal Criminal Lawyer
When you call our firm, one of our receptionists will take down some basic information. They will then schedule you to speak with one of our legal assistants. Our legal assistants are trained to gather the information the attorney needs to advise you appropriately. This streamlines things and makes your consultation with the attorney much more productive. Your consultation can be by phone, video, or in-person, whichever makes you most comfortable. In your consultation, the attorney will gather any additional information, answer your questions, and discuss possible strategies. The attorney will also explain fees in a clear, straightforward manner. To conclude, the attorney will provide you with our engagement agreement. We don’t use pressure tactics. We expect our clients to ask questions and take whatever time they need to make the right decision for them.
What Can I Expect From The Process of a Federal Criminal Case?
A typical federal criminal case goes through four basic stages: investigation, preliminary hearings, discovery/negotiation, and trial. Of course, some cases won’t go through all four stages.
During the investigation phase, the law enforcement agents gather evidence, building their case. Sometimes a federal criminal attorney’s intervention at this stage can get an investigation dropped before a prosecutor brings formal charges.
Once charges are formally brought (by information or indictment), the court holds preliminary hearings like an arraignment, probable cause hearing, and detention hearing. Typically, at these hearings your federal criminal lawyer can gather some basic information. The government and your attorney will argue to a magistrate judge whether the judge should hold you in jail pending trial on the charges.
Next, your criminal defense attorney can request discovery of the evidence against you. Once your attorney receives and thoroughly reviews that evidence, they should review it with you and discuss strategy with you. Your attorney can negotiate at with the federal prosecutor about dismissal, reduced charges, or plea agreements.
If no resolution is agreed upon by both sides, your case will proceed to trial before a jury of your peers.
Do I Really Need An Attorney?
Hiring an attorney with experience representing defendants in federal criminal cases is vital. A conviction could forever alter your life, affecting your reputation, career, financial security, and ultimately your family. The right Dallas federal defense attorney can help protect your rights and strive to achieve the best result possible.
Can I Get an Expungement for a Federal Crime in Dallas, Texas?
Expungement for federal crimes, even in Dallas, Texas, is much more challenging than for state crimes. Federal law does not have a broad expungement statute like Texas does for certain state offenses, meaning most federal convictions cannot be expunged. However, there are rare exceptions. For instance, specific drug offenses committed by individuals under 21 may qualify for expungement, depending on the circumstances. Cases involving procedural errors or wrongful convictions may also be eligible for post-conviction relief, though expungement is still uncommon.
While expungement for federal crimes is limited, there may be other legal strategies to reduce the long-term impact of a federal conviction. Options such as sealing records, applying for a presidential pardon, or pursuing other forms of relief could be explored. An experienced Dallas federal criminal defense attorney will carefully review your case and pursue every available option to help you reclaim your future.
Our Case Process
Listen & Understand
We focus on clients as real people. First, we list to understand who you are and what you need. Then we make sure we fully understand the facts of the case.
Open Communication
We explain the law, your rights, and the legal process. Because communication is very important to us, we strive to quickly answer questions and return communication.
Fight for Justice
Simply put: we fight hard for you. In the courtroom, in negotiations, and before a case even is officially opened, we fight for justice for you.