Federal Criminal Defense Lawyer in Cincinnati

The federal crime defense lawyers at Moermond & Mulligan, LLC provide top-notch representation for individuals charged with high-level offenses in Cincinnati and across Ohio. You may feel fear and uncertainty if you’ve been arrested or are under investigation for a federal crime. Our seasoned federal criminal defense attorneys understand what you’re going through and are ready to stand up and fight for you. With a combined 50 years of experience handling criminal defense cases, our attorneys have the skills to guide you through this process. We are former state prosecutors and will fight for our clients, no matter the case.

We understand your fear and stress and are here to support and represent you. Time is limited to take action, so call us or contact us online for a confidential consultation with a Cincinnati criminal defense lawyer.

What Is The Difference Between State and Federal Crimes?

Understanding the difference between state and federal crimes is essential if you face criminal charges since the distinction might significantly impact the legal process and the potential penalties if convicted. State and federal laws govern various criminal offenses in Cincinnati and across Ohio. The key differences between state and federal crimes include the following:

Jurisdiction

State courts typically prosecute state crimes governed by state laws. These offenses primarily involve violations of Ohio state statutes and affect the local community. Examples of state crimes are theft, assault, and drug possession.

Federal crimes involve violations of federal statutes and are prosecuted in federal courts. These crimes generally have a broader impact, affecting interstate commerce, national security, or the interests of the United States. Examples of federal crimes include mail fraud, kidnapping across state lines, and counterfeiting currency.

Enforcement

State and local law enforcement agencies, such as the Cincinnati Police Department or the Ohio State Highway Patrol, primarily investigate and enforce state crimes. The prosecuting authority for state crimes in Cincinnati is the Hamilton County Prosecutor’s Office, which represents the state in criminal cases.

Federal crimes are investigated by federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The United States Attorney’s Office prosecutes federal crimes, representing the federal government in criminal cases.

Penalties

State crime penalties are determined by Ohio state law, which sets specific sentencing guidelines based on the nature and severity of the offense. State penalties can include imprisonment, fines, probation, community service, or a combination, depending on the crime and the defendant’s criminal history.

Federal crime penalties are governed by federal sentencing guidelines, which can be more severe than state penalties. Federal sentences can include prison terms, fines, and probation. Additionally, some federal crimes carry mandatory minimum sentences, which require judges to impose a specific minimum prison term upon conviction.

The Legal Process

The legal process for state and federal crimes also differs. State criminal cases follow Ohio’s procedural rules, including specific timelines and requirements for pretrial motions, discovery, and appeals. State cases are tried in Ohio state courts, such as the Hamilton County Court of Common Pleas.

Federal criminal cases are subject to the Federal Rules of Criminal Procedure, which govern the process from investigation to trial and appeal. Federal cases are tried in United States District Courts, with appeals heard by the United States Courts of Appeals and, in rare instances, the United States Supreme Court.

Am I Under Federal Investigation?

Recognizing that you may be under federal investigation is crucial for taking appropriate steps to protect your rights and interests. Federal investigations can be secretive and lengthy, which makes it difficult to know if you’re being investigated. However, several signs may indicate you are under federal investigation or that your case will be heard in federal court, including:

• Contact from federal authorities – If you have been contacted or visited by federal law enforcement agencies like the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, and Firearms (ATF), or the Drug Enforcement Agency (DEA), then you are likely under federal investigation. These agencies have extensive resources compared to state authorities, and their involvement suggests your case may involve federal offenses.
• Grand jury subpoenas – Federal prosecutors often use grand juries to investigate potential federal crimes and gather evidence. If you receive a grand jury subpoena for documents or testimony, this may indicate you are under federal investigation or have information relevant to an ongoing federal inquiry.
• Witness interviews – If federal agents are interviewing your friends, family members, colleagues, or other associates, this could suggest you are under investigation. These interviews may be conducted to gather information about your activities, relationships, or involvement in potentially criminal conduct.
• Search warrants – If federal agents execute a search warrant at your home, workplace, or other property, this is a strong indication that you are under investigation for a federal crime. The agents may seize documents, electronic devices, and other evidence of the alleged criminal activity.
• Surveillance – If you notice unfamiliar vehicles or individuals in your neighborhood or you suspect you are being followed, this could be a sign of federal surveillance. Federal agents may use physical or electronic surveillance to monitor your movements, communications, and activities during an investigation.
• Target letter – A target letter from the United States Attorney’s Office informs you that you are the target of a federal investigation and may be charged with a federal crime. Receiving a target letter is a clear indication that you are under federal investigation and should seek legal representation immediately.

If you suspect you are under federal investigation or have experienced any of the signs mentioned above, it is essential to take action to protect your rights. Contact an experienced federal criminal defense attorney to discuss your situation and receive guidance on how to proceed.

Penalties For a Federal Crime Conviction

Federal crimes often carry severe penalties, which can impact your life even after your sentence has been served. Understanding the potential penalties for a federal crime and the consequences of a federal conviction is crucial when facing federal charges. Below, we outline the various sentencing factors and consequences you may face upon completion of your sentence.

Sentencing Factors

Federal sentencing guidelines provide a framework for judges to determine appropriate sentences for federal crimes. These guidelines consider the offense’s nature and severity, the defendant’s criminal history, and other relevant factors. Key factors that may influence federal sentencing include –

• Base offense level – Each federal crime has a base offense level, a starting point for determining the appropriate sentence. More serious crimes have higher base offense levels, leading to more severe penalties.
• Specific offense characteristics – The sentencing guidelines also consider particular offense characteristics, such as the amount of money involved in a financial crime, the quantity of drugs in a drug offense, or the use of a weapon during the commission of a crime. These factors can increase or decrease the severity of the sentence.
• Victim impact – The impact of the crime on the victim or victims can also influence the sentence. For example, a judge may impose a harsher sentence if the offense resulted in serious injury or death or if the victims were particularly vulnerable.
• Role in the offense – A defendant’s role in the activity in question can affect the sentence. Those who played a leading or organizing role may receive more severe penalties, while those with a minor or peripheral role may receive more lenient sentences.
• Acceptance of responsibility – If a defendant accepts responsibility for their actions and demonstrates genuine remorse, the judge may reduce the sentence.
• Cooperation with authorities – In some cases, a defendant’s cooperation with law enforcement or the prosecution, such as providing information or testifying against co-conspirators, may result in a reduced sentence.

Potential Penalties For a Conviction

Federal crimes can carry a range of penalties, including:

• Imprisonment – Federal prison sentences can range from months to life imprisonment, depending on the crime and the defendant’s criminal history. Some federal crimes also carry mandatory minimum sentences, which require judges to impose a specific minimum prison term upon conviction.
• Fines – Federal crimes often carry substantial fines, reaching hundreds of thousands or even millions of dollars for certain offenses.
• Probation – In some cases, a judge may impose a term of probation in addition to or instead of imprisonment. Probation requires the defendant to comply with specific conditions, such as regular meetings with a probation officer, drug testing, or community service.
• Restitution – Federal courts may order defendants to pay restitution to victims to compensate them for financial losses resulting from the crime.
• Forfeiture – In some cases, the government may seize assets or property connected to criminal activity as part of the sentence.