Federal Criminal Defense
There are subtle differences between State and Federal criminal cases. A good example of this would be drunk driving. Normally a DUI is a State case, however if you are on Federal Property at the time, the Federal Government would charge you with a Federal Crime.
Many drug trafficking cases can also be charged either by State or Federal authorities. For example, if the narcotics are bought and sold in the same state, the case is typically charged by the State. However, if narcotics are bought in one state and sold in another state, or the deal is made over state lines it could be charged Federally, along with other counts such as a conspiracy to transport. It is fairly easy for the Federal government to bring charges by simply providing some evidence that the crime has effected interstate commerce. Once charged with a crime, you can review the Federal Sentencing Guidelines, to see the recommended sentence.
Usually at the time of arrest you should know where your case will be prosecuted. If you are arrested by federal authorities and taken to a federal detention center, the likelihood is that the case will be in federal court. If you are arrested by a local police department and taken to a city or county jail, you will most likely be prosecuted by the state. This is not always the case as the Federal Authorities may take interest in you once arrested by the State authorities. In that case you will need an attorney experienced in handling both State and Federal matters.
Since 1997 Criminal Defense Lawyer Bradford Cohen has successfully defended clients rights in courts in and out of the State of Florida on Federal matters. When hiring an Federal Criminal Defense Lawyer it is important that they not only have experience in Federal criminal procedural but Federal Criminal Trials as well. Bradford is armed with both knowledge of Federal Criminal Procedure as well as conducting Federal Criminal Trials. He is dedicated to providing the best representation in federal court.
If you are charged with a Federal Crime, hire a Federal Criminal Defense Lawyer or an experienced Federal Criminal Defense Law Firm. Bradford Cohen has not only handled case where the target of the investigation has not co-operated with the government, but has mitigating circumstances that has lowered their exposure of punishment, but also cases that required trial. Please note that not every criminal defense lawyer is an experienced federal criminal lawyer. The laws and procedures in Federal Court differ greatly from State court. The following is a short overview of how they differ.
The United States has a Federal System, meaning that power is divided between a central authority and many state or local authorities. Thus, there are 51 different sets of criminal procedural law in the United States-that of the federal government and one for each of the 50 states. In addition, separate criminal procedures exist for military courts and for federal territories. The procedures adopted by each state and the federal government vary. However, the shared heritage of the English common law provides significant similarities in the basic structure of the process. Furthermore, the Constitution of the United States imposes some limitations on the states in formulating their criminal procedure.
Federal Criminal Procedure: A person prosecuted in the federal courts on a charge of violating a federal criminal law is subject to federal criminal procedure. Federal procedure is governed, first of all, by certain provisions of the U.S. Constitution, especially those contained in the Bill of Rights (the first ten amendments to the Constitution). The Constitution guarantees certain procedural rights that the government must afford a federal criminal defendant, unless the defendant knowingly and voluntarily waives these rights
The Fourth Amendment protects citizens from unreasonable searches and seizures and describes how law enforcement officials can obtain warrants (court orders permitting a search or arrest). The Fifth Amendment protects individuals accused of crimes from having to testify against themselves and from being tried more than once for the same offense. It also requires that any criminal charges result from the proceedings of a grand jury-a body of citizens convened to determine whether sufficient evidence exists to have a trial. Finally, the Fifth Amendment requires that government procedures adhere to due process of law, which means basic standards of fairness and equity. Under the Sixth Amendment, a defendant is guaranteed a speedy and public jury trial during which the defendant will get notice of the charges he or she faces and may call witnesses and face his or her accusers. The Sixth Amendment also guarantees that the trial will take place in the district where the alleged crime was committed and that the defendant will have the assistance of legal counsel. The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.
These constitutional guarantees provide a starting point for federal criminal procedure. The Federal Rules of Criminal Procedure, issued by the Supreme Court of the United States and enacted by the Congress of the United States in 1945, supplement the constitutional guarantees. The rules contain detailed provisions relating to the pretrial, trial, and appeal stages of federal prosecutions. Other details of federal criminal procedure are covered in federal statutes enacted by the U.S. Congress. Finally, a substantial part of the law of federal criminal procedure is found in the reported decisions of the federal courts.
A person prosecuted in the courts of a particular state on a charge of violating the criminal laws of that state is subject to state criminal procedure. State criminal procedure is found in the constitution, statutes, rules, and judicial decisions of that state. Furthermore, portions of the U.S. Constitution are applicable to state criminal defendants.
State constitutions generally guarantee a state criminal defendant most of the same rights that a federal defendant is provided by the Bill of Rights. Some states have provisions that vary from federal constitutional requirements. For example, in a number of states criminal charges need not result from the proceedings of a grand jury. Instead, a judge determines whether or not the accused person should be tried after reviewing the evidence during a preliminary hearing. States may provide greater rights for criminal defendants than the U.S. Constitution guarantees.
The Supreme Court of the United States has required states to provide to criminal defendants most of the procedural guarantees in the U.S. Constitution. For example, states must recognize the Fifth Amendment right to avoid self-incrimination. In addition to these specific rights, the states are required by the U.S. Constitution to guarantee due process. The 14th Amendment, passed after the American Civil War (1861-1865), reads in part, "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Like the 5th Amendment, which applies to federal criminal procedure, the 14th Amendment requires the states to maintain certain minimum standards of fundamental fairness in their laws concerning criminal procedure. For instance, prosecutors may not systematically exclude members of a particular race or gender from a jury. State convictions that result from proceedings that violate the minimum standards required by the 14th Amendment can be set aside by the federal courts through the process of appeal if the state courts themselves do not do so first.
IMMIGRATION AND FEDERAL CRIMINAL DEFENSE
As Bradford Cohen Law also handles immigration matters, he is uniquely prepared to handle Federal Criminal matters for those individuals who are not U.S. citizens.
There is a significant overlap between immigration and criminal defense. The ability to look at both of these areas of law enables Bradford Cohen to not only provide you with an effective federal criminal defense to your crime, but to also carefully and thoroughly evaluate the immigration consequences of a criminal conviction for a non-U.S. citizen.