Miami Federal Criminal Defense Attorney

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 19 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.

Understanding Federal Crimes in Miami

A federal crime is defined as an act which 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. Federal laws are designed to protect national interests and ensure justice across state lines, which is why offenses like tax evasion, mail fraud, and cybercrimes often fall under federal jurisdiction. 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.

The legal system at this level involves complex procedures and requires a profound understanding of federal laws and court systems. Hiring a federal defense attorney in Miami who is well-versed in these specific procedures is essential for navigating the implications of these serious charges effectively.

Types of Crimes Handled in Federal Court Include:

• 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

Facing federal charges often means engaging with federal agencies that have vast resources and specialized investigative teams. Understanding the strategies and methodologies of agencies such as the FBI, DEA, and IRS can be crucial in preparing a strong defense. Proactively building your case with a federal criminal defense lawyer in Miami who knows the intricacies of federal protocols can significantly affect the outcome.

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

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. Sentencing for these offenses can be severe, often guided by federal sentencing guidelines which aim to standardize penalties across jurisdictions.

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.

The complexity of federal sentencing requires a deep understanding of not only the law but also the procedural nuances specific to federal courts. For instance, federal judges have discretion within set guidelines, meaning representation must be adept at presenting mitigating factors to achieve favorable outcomes. This underscores the necessity of having a federal defense attorney in Miami who is intimately familiar with federal courtroom procedures and local judicial tendencies.

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

When facing federal charges, it's crucial to have a skilled and knowledgeable federal criminal defense lawyer in Miami on your side. Contact us today for a free consultation to discuss your case and learn how we can help defend your rights and freedom.

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.

Legal Support in the Miami Community

At Law Office of Armando J. Hernandez, P.A., we pride ourselves on being an integral part of the Miami community. We understand the local dynamics and legal landscape, which allows us to offer tailored legal solutions for residents facing federal charges. Our commitment extends beyond the courtroom as we strive to provide support and guidance through every step of the legal process.

Our approach leverages local insights, ensuring our services are relevant to the unique needs of Miami's diverse population. Whether assisting Spanish-speaking clients or engaging with regional legal entities, our goal is to ensure comprehensive and accessible defense for all individuals accused of federal crimes.

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! 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 suspect that you are under investigation for a federal crime, it is vital to secure legal representation as promptly as possible. The federal investigative process can be lengthy and complex, often involving surveillance, subpoenas, and interviews. Early intervention by a federal defense attorney Miami can facilitate the protection of your rights and ensure that any interactions with federal investigators are handled appropriately. Be cautious not to speak with authorities or anyone else about your situation without legal counsel present, as this may jeopardize your defense strategy.

How Does a Federal Charge Differ from a State Charge?

While both federal and state charges involve violations of law, federal charges pertain to offenses that violate U.S. federal law, often due to the crime's nature or scope, such as involving multiple states or impacting national security. State charges, conversely, deal with offenses violating state law. Federal cases are prosecuted by U.S. Attorneys and handled in federal courts, which have different procedures and sentencing guidelines than state courts. This distinction highlights the necessity for defense from attorneys with specific experience in federal law to navigate these complex legal waters successfully.

What Are Common Defenses Against Federal Charges?

The defense strategy against federal charges can vary widely depending on the allegations and evidence presented. Common defenses include challenging the jurisdiction, motioning to suppress unlawfully obtained evidence, disputing the factual basis of charges, or negotiating plea agreements for lesser charges. Each defense requires a detailed understanding of the federal legal framework and a strategic approach tailored to the specifics of the case. Engaging experienced legal professionals from the outset can significantly bolster the development of an effective defense strategy.

What Is the Process After Being Charged with a Federal Crime?

Once charged with a federal crime, the process typically begins with an arrest or a summons to appear in court. Initial proceedings involve an arraignment where charges are formally presented, and bail considerations are addressed. The discovery phase follows, in which both sides exchange evidence. This phase is critical for building a defense and involves meticulous examination of all presented evidence. Subsequent stages involve plea bargaining, pretrial motions, and potentially a trial. Throughout each stage, having skilled legal counsel to navigate complexities and advocate on your behalf is imperative for securing the most favorable outcome.

How Can a Miami Federal Criminal Defense Attorney Help Me?

Hiring a federal criminal defense attorney Miami is crucial for navigating the complexities of federal law. Beyond providing informed legal representation, an attorney with local insights can anticipate courtroom dynamics and anticipate prosecutorial strategies. By customizing the defense based on contextual knowledge of Miami's federal courts, an attorney can present you with the best possible chance for a positive resolution, minimizing the potential impact on your life. This local expertise, coupled with a broad understanding of federal legal processes, ensures that your defense is comprehensive and strategically sound.