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Federal False Statements – What Are They and What Are the Implications?
It is a criminal offense under the federal law to make a false statement or even hide information from a federal defense agent. It does not matter if they are a member of Congress or just a federal agent. Such offenses always carry severe consequences and can land one behind bars for some time. Therefore if in any way you were recently involved in such an investigation, or you are being charged with making a false statement, there is a need for you to contact an experienced federal crimes lawyer and ask them to help you formulate your defense.
What does the federal law suggest about this offense?
The federal law on making a false statement is so broad in scope. Therefore, it is unlawful for anyone to commit the following actions.
- Falsify, or even conceal factual materials
- To make an untrue statement
- Creating a document or using it knowing that it contains falsified information or a fraudulent statement.
The above prohibitions apply on a broad spectrum of matters under the jurisdiction of the executive, judicial branches of government and even the legislative arm of the government. If you are convicted under this jurisdiction, you can be imprisoned for a period of up to five years. However, if you are also charged with taking part in terrorism activities the ruling could be, even more, eight years.
What are the limitations?
Even as the repercussions can be too harsh, there are few restrictions under this statute. For example, the Department of Justice will not charge one with the violation of this statute in situations where the defendant is suspected of committing a crime during an investigation. Also, one will not be prosecuted if the accused person denies guilty in the response of to the questioning. Nonetheless, the exception will not protect anyone who makes an affirmative or voluntary statement to the federal criminal investigator. Many federal courts in the US have held that this statute only applies to investigators and not FBI agents, and the following employees.
• Employees of the U.S Securities and Exchange Commission
• Thos employed by the U.S Internal revenue Service
• The U.S Army employees, and
• Those working with the U.S Immigration and Naturalization Service
If you give a false statement to questions about administrative purposes or during routine inquiring, you can also be charged in a federal court. This does not even have to be that you were not part of the official investigation. If you are the defendant and you initiate contact with the government so that you could obtain some benefit, even a slight denial of guilt will be considered as a false stamen.
For the federal court to convict someone under this statute, the prosecution must demonstrate to the court that the accused person with knowledge, decided to mislead federal investigators. This, however, is the hardest thing to establish; therefore most defendants are released for lack of evidence that they were giving false statements with intent.
Why You need a Good Lawyer to Present You While Facing these charges
1. This law is complicated
You probably are not a federal crimes attorney and you no business to act like one in such serious circumstances. In such matters, even the most experienced lawyer can find it hard to represent themselves before the court. Therefore there is a need to consider finding a good lawyer who is specializing in such crimes, to unravel this case within a short time and help you get the hearing that suits you. Also, they will help you emotionally since these are usually trying times and are usually mentally draining.
2. A good attorney will challenge evidence presented against you
You definitely don’t have proper legal training and are not in a position to know whether a key piece of evidence put against you was improperly attained. This plays a huge role more especially because the prosecution needs to table evidence that you willingly gave a false statement. Therefore a good lawyer will be in a position to tell whether the testimony being provided by the witness contradicts their initial statement. They will also know whether the crime lab properly handled the evidence every step of the way. On knowing this, they will better suppress the evidence and see that you get a fair sentence or better still acquitted.