Federal Criminal Defense Attorney in Miami
Protecting Your Rights & Fighting for Your Best Interests
While most criminal cases are tried in state court, federal law has criminalized a wide variety of conduct, and federal charges are increasingly being brought against Floridians. Federal crimes are typically considered to be much more serious than state crimes, which is why their penalties for a conviction are so severe.
If you are convicted of a federal crime, such as certain drug or fraud crimes, you could face tens of thousands of dollars in fines, decades in prison, the loss of your right to own a firearm, and more.
At Law Office of Armando J. Hernandez, P.A., our federal criminal defense attorney in Miami has over 20 years of experience in this complex area of law. As a result, he has an in-depth understanding of criminal law in addition to a lengthy record of success.
Our attorney is a former prosecutor who thoroughly understands how the other side of the aisle thinks, as well as how they will likely approach your case. You can trust us to provide you with the effective advocacy you deserve.
Call the Law Office of Armando J. Hernandez, P.A. today at (305) 400-0074 or contact us online to schedule your free consultation with our Miami federal crimes attorney—24/7 availability.
Understanding Federal Crimes in Miami
A federal crime is defined as an act that the U.S. federal government has made illegal. While criminal charges are divided into misdemeanors and felonies, they can also be divided into state and federal charges.
The truth is that most crimes—from DUI and simple drug possession to sexual assault and murder—fall within state jurisdiction, which means state prosecutors will bring charges in state court.
However, if there is national interest at stake when a crime is committed, then the federal government will handle the case. Additionally, if you are convicted in federal court for a particular crime, federal penalties are harsher than state penalties for similar offenses. For example, federal drug crimes are punishable by mandatory minimum prison sentences in federal prison.
Types of Crimes Handled in Federal Court
- Crime on federal property—From committing murder on a military base or stealing from a federal bank, federal authorities will pursue the case.
- Crime involving more than one state—If a fraud scheme spans multiple states, impacting victims in more than one state, the federal government has jurisdiction.
- Defendant crosses state lines—If you are accused of drug distribution by transporting a controlled substance from one state to another, federal authorities will be involved.
- Crimes of national interest—Common examples include customs and immigration violations, such as international sex trafficking or importing child pornography.
How Federal Cases Are Prosecuted
If you have been charged with a federal crime, you can be sure that the federal government will utilize its full resources against you. This is why it is imperative to retain experienced representation as soon as possible if you believe you are under investigation or if you have already been arrested or charged.
Several Federal Agencies Have Authority to Investigate Federal Crimes, including:
- Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
- U.S. Immigration and Customs Enforcement (ICE)
- Drug Enforcement Administration (DEA)
- Federal Bureau of Investigation (FBI)
- Internal Revenue Service (IRS)
- Secret Service
Penalties of Federal Crimes Convictions in Florida
A conviction for federal crimes brings sanctions far more severe than those imposed in state court, making the choice of your federal criminal defense lawyer in Miami the most important decision you can make.
Direct Penalties
- Mandatory Minimum Sentencing: The federal system is defined by mandatory minimums, particularly for drug and firearm offenses. For example, possession with intent to distribute even a modest amount of certain drugs can trigger an automatic 5 or 10-year prison term. Judicial discretion is often severely restricted.
- Federal Sentencing Guidelines: While no longer strictly mandatory, judges are required to calculate and consider the Sentencing Guidelines range. These guidelines, codified in Title 18 and 28 of the U.S. Code, often produce extremely high sentences based on factors like the value of fraud, leadership role, or the use of sophisticated means.
- Lengthy Prison Sentences and No Parole: Federal convictions result in time served in the Federal Bureau of Prisons (BOP), which may be anywhere in the country. Critically, there is no parole in the federal system; a defendant must serve at least 85% of their total sentence.
- Hefty Fines and Restitution: Convictions almost always include massive financial penalties, with fines often reaching hundreds of thousands or even millions of dollars, plus mandatory restitution to victims.
Collateral Consequences
Beyond direct punishment, a federal felony conviction carries life-altering collateral consequences that affect your ability to function in society:
- Professional Licensing: Doctors, lawyers, brokers, and other professionals often face immediate suspension or revocation of their state-issued professional licenses.
- Immigration Status: A federal conviction, especially for drug or financial crimes, can trigger mandatory detention and deportation proceedings for non-U.S. citizens.
- Future Employment: A federal felony record is a severe barrier to obtaining future employment, especially in finance, healthcare, or any field involving a security clearance or fiduciary duty.
- Civil Rights: You will lose the right to vote, the right to serve on a jury, and the right to own or possess a firearm.
- Federal Benefits: Disqualification from federal housing, student aid, and certain business grants.
You need a federal criminal defense lawyer in Miami who understands the full scope of what you are facing. This is why a comprehensive Miami federal crimes defense is essential.
The Florida Criminal Defense Process for Federal Crimes Charges
The path from investigation to conviction in federal court is unique and unforgiving. Effective federal criminal defense lawyer in Miami involvement means knowing when and how to intervene at each stage.
- Intervention & Proffer: Our firm intervenes at the earliest stage—before the indictment—to contact the U.S. Attorney, negotiate a "proffer" (a cooperation agreement), or attempt to persuade the prosecutor against filing charges or against seeking a mandatory minimum sentence.
- Grand Jury Indictment: In the federal system, a grand jury issues an indictment before charges are formally filed. If contacted by a federal agent, you must immediately invoke your right to an attorney. Our firm is available 24/7 to manage all communication and protect you from self-incrimination.
- Bail and Detention Hearings: Federal courts follow the strict Bail Reform Act, which often results in detention pending trial, particularly for drug or flight-risk crimes. We fight aggressively at the initial detention hearing to secure release.
- Discovery and Motions: Federal trials involve strict rules of evidence and procedure. After receiving the government’s evidence package (which may contain thousands of pages of financial records, wiretap transcripts, or digital data), we file critical pre-trial motions to suppress evidence or challenge the admissibility of testimony.
- Trial & Appeals: If the case proceeds to trial, our firm provides focused, detail-oriented litigation. After conviction, a skilled federal criminal defense lawyer in Miami is essential to navigate the complex appeals process within the Eleventh Circuit Court of Appeals.
Complexities of Federal Crimes & Sentencing in Miami
Miami, as a major metropolitan area and a vital hub for international trade and travel, sees a significant number of federal criminal cases annually. Florida's position as a gateway to the Americas makes it a focal point for federal investigations into crimes such as drug trafficking, money laundering, and immigration violations.
In recent years, South Florida has observed emerging trends in federal crimes, such as cybercrime and healthcare fraud. With Miami being a technological and healthcare hub, it is particularly susceptible to sophisticated schemes targeting private and public healthcare systems. Additionally, identity theft and cyber intrusions have increased, prompting heightened enforcement activities from federal agencies.
Defending Against Federal Charges
Being charged with a federal crime can be an overwhelming and frightening experience. Our team at Law Office of Armando J. Hernandez, P.A. is dedicated to providing aggressive and strategic defense for individuals facing federal charges. We understand the complexities of federal law and have the experience and resources to build a strong defense on your behalf.
Our federal crimes defense services include:
- Thorough investigation of the charges against you
- Strategic legal counsel and representation throughout the legal process
- Negotiation with prosecutors for reduced charges or plea agreements
- Preparation for trial and aggressive courtroom advocacy
Building a defense starts with a comprehensive assessment of all evidence and witness accounts. This process involves scrutinizing the legality of any investigations conducted and ensuring your rights were not violated during the arrest or gathering of evidence. Our dedication to uncovering procedural errors or misconduct can influence the development of your defense strategy significantly.
Call (305) 400-0074 for a Free Consultation
At Law Office of Armando J. Hernandez, P.A., our federal defense attorney Miami can defend clients against a wide variety of federal criminal offenses. From wire fraud to drug offenses to weapons charges and more, we can handle them all.
Our legal team can sit down with you in your complimentary case evaluation and help you determine your next best steps. You can rely on our firm to provide you with well-informed advice and relentless representation.
Contact us online today to get started on your defense with a Miami federal defense lawyer. Or give us a call at (305) 400-0074.
Frequently Asked Questions about Federal Defense in Miami
What Should I Do If I Am Under Investigation for a Federal Crime?
If you believe you’re under investigation, contact a Miami federal defense attorney immediately. Do not speak with investigators without legal counsel, as early mistakes can harm your case. An attorney can protect your rights and guide you through the process.
How Are Federal Charges Different from State Charges?
Federal charges involve violations of U.S. law, often crossing state lines or involving national concerns, and are prosecuted in federal court. State charges deal with violations of state law. Federal cases typically carry harsher penalties and stricter procedures, requiring defense from attorneys experienced in federal law.
What Defenses Are Available in Federal Cases?
Defenses may include challenging jurisdiction, disputing evidence, filing motions to suppress illegally obtained material, or negotiating reduced charges. Each case demands a tailored approach based on the specific allegations and evidence.
What Happens After I Am Charged with a Federal Crime?
The process usually begins with an arrest or court summons, followed by arraignment, discovery, motions, and possibly trial. Plea negotiations are also common. Having an attorney ensures you understand each step and can prepare an effective defense.
Will I Have to Go to Trial for a Federal Case?
Not always. Many federal cases are resolved through plea agreements, dismissals, or reduced charges. However, if a trial is necessary, your attorney will prepare to challenge the government’s case and present the strongest defense possible.
Can Federal Convictions Be Appealed?
Yes, but appeals focus on legal errors made during trial or sentencing. The process is complex and time-sensitive, requiring an attorney with appellate experience in federal courts.
