FEDERAL CHARGES
Las Vegas Federal Criminal Defense Attorney
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If you are charged with committing a federal crime in Nevada, then allegedly you violated a federal law, and will be prosecuted in the federal district court in Las Vegas, or Reno, Nevada. Federal charges as a rule have more severe punishments than Nevada state law violations. Therefore, it is imperative if you are accused of a federal crime that you hire an experienced lawyer in Las Vegas who knows about federal crimes and the penalties for these crimes.
A few examples of federal charges are:
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Federal Firearm Charges
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Federal Weapons Possession
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Human Trafficking
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Many crimes can be prosecuted under both federal or state law. As noted above, federal charges generally have harsher punishments. Therefore, it is important to hire an experienced Nevada attorney, who has knowledge of Nevada laws. That way your attorney can attempt to have the charges brought under state law instead of federal law.
Federal Charges Information Center
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The Legal Process or Procedure of a Federal Charge in Nevada
There are many steps to the legal process when you have been charged with violating a federal law. And be assured, there is no substitute for the advice of an experienced lawyer.
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The first step in the legal process is the complaint. The prosecutor for the federal government will issue a complaint, which includes the reasons, or allegations, for the charge and probable cause for the government to arrest the alleged offender. This is followed by the arrest warrant. The arrest warrant will then include the information in the complaint and a signature from the judge, and will be used to arrest the alleged offender. Then comes the arrest itself.
After arrest, the offender will make an initial appearance in court. Here, the offender will appear before a judge, who will determine if there is enough evidence to indict the offender, will inform the alleged offender of their basic rights, and will set bond. At this point, the arrested will want to hire a lawyer, or have one appointed.
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Within three (3) days of the arrest, a detention hearing may be held. This hearing is used to determine if the alleged offender should be released on bond until trial, or if they are a flight risk and will be harmful to the community if released.
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Within ten (10) days of the arrest, a preliminary hearing will be held for the prosecutor to put on evidence that there is enough probable cause that the alleged offender committed the crime. As well, the alleged offender's attorney can also put on evidence negating probable cause. If the judge finds probable cause, then the case will move to arraignment.
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In the alternative, the U.S. prosecutor can choose to file an indictment instead of a complaint. Here, the prosecutor initially presents the probable cause evidence to the grand jury.
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The grand jury will decide whether to prosecute a federal criminal case. The jury is made up of twenty-three (23) randomly selected citizens from the community where the case will be prosecuted. If the grand jury determines that there is enough evidence to prosecute, they will return a "True Bill." If the grand jury decides that there is not enough evidence to prosecute, they will return a "No Bill." If a "No Bill," is returned, the federal charge is dropped.
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Next comes the arraignment. This is where the alleged offender is read the charges against him, is advised of his rights, enters a plea of guilty or not guilty, and a date for trial will be set.
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The case then moves to trial, unless a plea agreement is reached. The U.S. prosecutor has the highest burden of proof, that is they must prove the defendant is guilty beyond a reasonable a doubt. This will ultimately be decided by a jury, that is, whether the you are guilty or not.
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If found guilty, the judge will sentence the alleged offender about eight (8) weeks after the initial conviction during the sentencing stage. Punishments may include prison, probation, fines, or a combination.
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The final stage of the federal process is the appeal. A defendant must file a Notice of Appeal within ten (10) days after sentencing. One must be cautious when making plea deals; They may require a defendant to give up a right to appeal.
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Who Investigates Federal Charges or Crimes?
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Different U.S. government agencies will investigate various crimes. A few of the most common agencies are the Federal Bureau of Investigation (FBI), the Drug Enforcement Agency (DEA), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE).
The FBI has jurisdiction over a wide range of federal crimes. Some of the crimes the FBI investigates are:
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Kidnapping;
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Cyber Crime;
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Murder;
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Rape;
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Mail Fraud; and
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Credit Card Fraud
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Bank Fraud.
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The DEA has jurisdiction over a wide range of felony drug crimes, including drug smuggling across state or U.S. borders. Some of the crimes the DEA investigates are:
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Drug Trafficking;
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Drug Manufacturing;
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Possession of a Controlled Substance
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The BATFE has jurisdiction over a wide range of crimes involving weapons, arson, bombings, and explosives. The BATFE also regulates tobacco and alcohol sales and possession among the states. Some of the crimes the BATFE investigates are:
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Violent Crimes
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Unlawful Possession of a Weapon
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Unlawful Import or Export of Weapons
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Unlawful Firearms Trafficking
Resources
Bureau of Alcohol, Tobacco, Firearms and Explosives
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BATFE
8965 S. Eastern Avenue, Suite 200
Las Vegas, Nevada 89123 USA
(702) 347-5910
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DEA
255 East Temple Street
17th Floor
Los Angeles, CA 90012
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Federal Bureau of Investigation
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FBI
1787 West Lake Mead Blvd
Las Vegas, NV 89106-2135
(702) 385-1281
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United States District Court, District of Nevada
333 S. Las Vegas Blvd.
Las Vegas, NV 89101
(702) 464-5400
Finding the Best Las Vegas Federal Defense Attorney
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If you have been charged with violating a federal statute or law, contact the Law Office of Joseph Gersten to discuss the particular facts of your case, and your options. There are many options to reduce or alleviate your charges, and finding an aggressive attorney is your best option to avoid harsh punishments.
Joseph Gersten is an experienced criminal defense attorney, and will aggressively pursue your case. Call for a free case consultation on (702) 857-8777 about your alleged federal charge.
