In the legal world, federal crimes are those that violate federal laws, as opposed to state laws. These crimes are pursued by federal law enforcement agencies such as the FBI and are typically considered to be more severe than state crimes. Examples of federal crimes include terrorism, drug trafficking, identity theft, and tax evasion.

If convicted of a federal offense, the consequences can be severe, including hefty fines and significant prison time. It's important to note, however, that not all criminal activity falls under federal jurisdiction, and determining whether a crime is state or federal can be a complex process. So, if you find yourself facing charges for a federal crime, it's essential to seek the advice of an experienced attorney to help guide you through the legal process.

A federal crime is conduct which is (a) prohibited by a federal statute; (b) enforced by federal prosecutors; and (c) tried in a federal district court.

The federal crimes, which are voted into law by the United States Congress, are codified in Title 18 and Title 21 of the United States Code.

Federal crimes are enforced by the federal government, specifically, the Department of Justice. The Department of Justice is headquartered in Washington DC (“Main Justice”). It enforces the law throughout the United States through 93 United States Attorney’s Offices. There is one US Attorney appointed by the President of the United States in each of the 94 federal districts (Guam and the Norther Mariana Islands are separate districts but share one US Attorney). Pennsylvania has three federal districts—Eastern, Middle, and Central. The US Attorney has the discretion to hire Assistant United States Attorneys (AUSAs), who handle the cases.

Federal crimes are prosecuted in US District Court. The United States is divided into 94 federal districts, each with its own bench of judges. The federal judges apply the US Constitution, federal criminal statutes, and the case law as developed by the appropriate Circuit Court of Appeals. There are 12 Circuit Courts of Appeal. For example, the United States Court of Appeals for the Third Circuit is the federal court with appellate jurisdiction over the District of Delaware, the District of New Jersey, the Eastern District of Pennsylvania, and the Western District of Pennsylvania.

Some of the most common federal crimes include

• Financial and white collar-crimes including cybercrime, tax evasion, money laundering, counterfeiting but also bank robberies

• Trafficking, abuse and abductions: drug trafficking, human trafficking, internet child pornography, kidnapping across state lines

• Terrorism, organized crime

• Immigration violations and more

Federal law enforcement agencies routinely develop targets by developing Confidential Informants (CI), Confidential Sources, and Cooperating Witnesses—defendants on active cases who are providing information to government agents.

After a target is identified, the federal government begins investigating the target using various investigatory techniques—grand jury subpoenas, search warrants, surveillance, controlled buys, undercover operations and deploying CIs.

If the federal prosecutor has developed sufficient evidence, she may send a target letter prior to requesting an arrest warrant or filing charges to give the target an opportunity to cooperate.

The process begins when a federal prosecutor files a criminal complaint, which consists of an affidavit of probable cause outlining the charges and basic facts which make out the charges. If the federal government proceeds by complaint first, then it has thirty days to seek an indictment.

The indictment is a charging document generated after a grand jury (24 ordinary citizens) listen to the evidence and then vote on whether charges should be approved.

The information is a way to avoid requiring the federal government to seek an indictment. It typically occurs when a target letter is sent and a guilty plea is negotiated in advance of the filing of charges. The information is the quickest way to get to court and plead quickly.

The initial appearance is to determine whether bail should be set or if the defendant should be detained pending the outcome of the case. The arraignment is when the judge will read the charges and the indictment (unless reading the indictment is waived), and the defendant pleads guilty or not guilty—usually not guilty.

After the arraignment, the defendant has 14 days to file pretrial motions, though typically extensions are granted given that federal government has not yet provided discovery. If pretrial motions are filed, then a hearing is set on the motions.

If the case goes to trial, it will begin with jury selection and then proceed through opening statements, witness testimony, and closing arguments.

After the jury reaches a verdict, the case will move to sentencing if the defendant is found guilty.

After sentencing, the defendant has 14 days to file a notice of appeal.

Defendants in a federal criminal case have a variety of rights that are guaranteed by the United States Constitution. The key protections are found in the Fourth, Fifth, and Sixth amendment of the US Constitution. There are also protections provided by Supreme Court case law relating to providing exculpatory evidence to the defendant, known as Brady material.

The Fourth Amendment protects defendants’ privacy rights by requiring the federal government obtain search warrants prior to invading a defendants’ privacy rights.

The Fifth Amendment protects the defendant against self-incrimination.

The Sixth Amendment provides the right to counsel, the right to a public jury trial without undue delay, and the right of the defendant to confront and cross-examine his accusers.

The Fourteenth amendment protects the defendants’ rights to due process of law.

Finally, the Federal Rules of Evidence govern the type of evidence that is admissible and ensures that it is properly authenticated.

These rights are critical to ensuring fairness in the criminal justice system and to protecting the rights of those who have been accused of a federal crime.

In a federal criminal trial, the Rules of Evidence serve as the rules which govern the type of evidence that is admissible and ensures that the evidence is properly authenticated. From the prohibition of hearsay to the admissibility of expert testimony, federal courts have established a detailed framework for the introduction of evidence.

For the full scope of Federal Rules of Evidence visit: www.rulesofevidence.org

When it comes to criminal sentencing, the options available to federal courts are varied and complex. The United States Sentencing Commission is an independent agency of the judicial branch which issues the Guidelines Manual.

The Guidelines Manual is a lengthy and detail set of rules that govern how defendants should be sentenced to ensure consistent sentences. Navigating the Guidelines Manual is complicated because they are designed to account for the varying aggravating and mitigating factors of the criminal conduct.

The Guidelines Manual operates on a points system, whereby the offense level and prior record category provide a guideline range on a sentencing table. The sentencing guidelines are advisory and not mandatory. This means that sentencing is a great opportunity to advocate for a significantly reduced sentence.

If you find yourself facing federal charges, it can be a daunting and overwhelming situation. However, it's important to remember that you have rights and options available to defend yourself.

One of the first steps you can take is to hire an experienced federal criminal defense attorney who can advise you on the best course of action. They can help you navigate the complex legal system and provide a strong defense for your case. Some of the steps a defense attorney will take include:

a) analyzing the government’s evidence to assess its strength;

b) investigating to develop exculpatory evidence;

c) litigating pretrial motions to exclude or limit evidence at trial;

d) negotiating an acceptable resolution via plea, and if not

e) trying the case before a jury.