Common Mistakes People Make When Facing Federal Criminal Charges
When the U.S. government decides to pursue criminal charges against you, it is imperative that you understand the severity of the situation because the resources that federal law enforcement agencies and prosecutors have available to them are vast and powerful. It is equally important to avoid critical errors as a defendant in a federal criminal prosecution. With that in mind, The Vegas Lawyers explain several common mistakes people make when facing federal criminal charges and offer guidance to help you avoid making them.
Failing to Understand the Difference between State and Federal Crimes
In the United States, authority is divided between the national government and the individual states, meaning that both levels of government can create and enforce laws. States may expand protections beyond those guaranteed by the U.S. Constitution, but they cannot restrict or violate constitutional rights. This dual system creates separate courts and law enforcement agencies at the federal and state levels. As a result, criminal behavior may be prosecuted by either, or both, governments. For the federal government to act, it must have jurisdiction, or legal authority. Federal jurisdiction only exists when:
- A crime involves movement across state boundaries, such as kidnapping.
- The conduct naturally crosses states, like drug trafficking or bank robbery.
- The offense targets or defrauds the federal government, such as tax evasion or Medicare fraud.
- Immigration or customs laws are violated, including unlawful entry or human trafficking.
- The act occurs on federal property or involves federal personnel, such as an assault on a federal agent.
Failing to Exercise the Right to Remain Silent
The 5th Amendment to the U.S. Constitution provides you with the right to remain silent. That right, however, can only benefit you if you exercise it. Federal law enforcement officers have undergone extensive training in interrogation techniques, meaning they know how to ask questions that will illicit information from a suspect. Do not make the mistake of thinking that you can talk your way out of an arrest. Do not believe that they are “just trying to help you” or that “it’s in your best interest to talk to them.” The law requires them to stop questioning you when you assert your right to remain silent and ask for a lawyer.
Talking to Anyone about Your Case
The need to remain silent about your case does not end with law enforcement officers. Do not speak to anyone (except your lawyer) about your case. This includes your cellmate in jail, your spouse, your friends, and your social media audience. Anything you say to anyone could be used against you at trial. Your phone calls could be recorded, and your electronic communications could be monitored. Moreover, the prosecution could subpoena friends, family members, or acquaintances and force them to testify against you if you make the mistake of talking to them about your case.
Ignoring a Target Letter
Only used in federal criminal investigations, the U.S. Department of Justice sometimes sends out a “Target Letter.” As the name implies, a Target Letter is sent to someone who is the “target” of a federal criminal investigation. Along with informing you that you are a target of a federal investigation, a Target Letter should contain the nature of the alleged crime, your Constitutional rights as a target and potential defendant, and deadlines for responses and/or requests for documents or contact. A common mistake people make is ignoring a Target Letter entirely. Conversely, some people comply with requests made in a Target Letter without first consulting an attorney. If you receive a Target Letter, it is imperative that you not respond to it but also do not ignore it. Talk to an experienced federal criminal defense attorney immediately.
Failing to Consult with an Attorney
By far the most common, and most potentially detrimental mistake people make when they are facing federal criminal charges is failing to consult with an attorney or waiting too long to do so. With a federal investigation, the odds are very good that you have been in the cross-hairs for a significant amount of time by the time you are made aware that they are investigating you. This fact alone makes it extremely important to get an experienced federal criminal defense attorney on your side as soon as possible. Involving an attorney early on ensures that your rights will be protected, increases the likelihood of avoiding criminal charges altogether, and preserves defenses if you are ultimately prosecuted for a criminal offense.
Contact A Las Vegas Federal Criminal Defense Lawyer at The Vegas Lawyers
If you are facing federal criminal charges in Las Vegas, consult with an experienced federal criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-7000 or contact us online.