How Do You Know If You've Been Charged With a Federal Crime?

What Makes a Crime Federal

In order to be charged with a federal crime, the federal government needs to be involved. Local law enforcement will combine forces with the U.S. attorney's office to provide a burden of proof against you. If they have sufficient evidence and support for the charge of a federal crime, you will be notified. How you are notified will depend on your situation. If federal agents or the FBI identify themselves, arrest you, and bring you before the judge, it is clear that you are being charged at the federal level.

You May Receive a Letter from a Federal Prosecutor

In some cases, the federal prosecutor will inform you that you are being charged with a crime. You or your attorney will be sent documentation, including a court date in a federal court and an explanation of the charges against you. This explanation can come in the form of a criminal complaint or an indictment.

You May be Charged without Your Knowledge

Federal investigators must go through an involved legal process before they can make charges against you. Once they have successfully completed their investigation and have adequate proof, they can work with federal prosecutors to present your case before a grand jury. The grand jury can indict you. At that point, the prosecutors can request that your indictment is sealed by the judge. When this occurs, you will have no warning that you will soon be under arrest.

Does a Search Warrant Mean You Have Been Charged with a Federal Crime?

Federal law investigators may arrive at your business or home with a search warrant, granting them access to the property. They will be allowed to search the premises for any evidence that may incriminate you. This does not mean that you have already been charged with a crime. A federal judge has granted them permission to perform a search because they showed probable cause. In other words, they have good reason to believe you have committed a crime. They are looking for anything that will support their case. If they find any evidence during their search, it is likely that you are going to be charged with a federal crime.

Should You Talk with Federal Investigators?

In some cases, federal investigators may approach you before performing a search warrant. They may ask questions and advise you to speak with them in your own best interests. If this happens to you, you should request that all communication goes through your attorney. If you don't have attorney, it's time to find one to represent you. You should not speak with federal investigators without adequate preparation. Otherwise, you could incriminate yourself. You don't want to give them any more information that can be used against you.

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If you have been charged with a federal crime or you are under investigation by federal law officials, you need to find a criminal defense lawyer. You should choose a lawyer who has a wealth of experience dealing with your type of case. Whether you are being charged or suspected of drug trafficking, health care fraud, or embezzlement, you need an attorney who has successfully represented others with similar charges.

What Your Lawyer Should Do

Your lawyer will be your advocate, determining if the 4th, 5th, or 6th Amendments have been violated. If federal investigators have expert witnesses who will be testifying against you, your attorney should be adept at cross-examination. Your criminal defense attorney will also be looking for an expert who will represent your interests.

The Importance of Trust

You need to have a positive attorney client relationship as well. Your attorney should give you confidence that you are being represented fairly in a court of law. Choosing the right attorney for your case can help you to reduce the penalty for your crime. Your attorney may be able to help you to win your case. If not, you may have a shorter sentence.