Facing federal charges? What you need to know
Many clients come to see us when they aren’t sure whether they are facing federal or state charges. Understandably, the distinction may not matter much to you – just being charged with a crime can be overwhelming. However, the difference between state and federal charges can significantly affect your case, so it’s essential to understand the difference. It’s even more important to have an attorney who handles both federal and state cases.
Federal crimes are those that violate federal laws of the United States and are prosecuted by agencies such as the DEA, the FBI, or ICE. Drug trafficking, sex trafficking, human smuggling, and organized crime are the type of federal crime cases our law firm specializes in.
With offices in Dallas, Fort Worth, San Antonio, and Denton, the criminal defense attorneys at Manuel Diaz Law Firm, PC represent people facing state and federal charges. We have the knowledge and experience to handle any type of criminal case. If you’ve been charged with a crime, you need someone on your side – call us at (855) 900-3429 or fill out our online contact form to schedule a free consultation with one of our attorneys today.
State vs. Federal Courts
Our country is governed by two separate and distinct legal systems. Each state has its own legislature, governor, and the court system, while the federal government is composed of the United States Congress, the President, and the federal court system.
State and federal courts each have specific types of cases that they will hear, referred to as “jurisdiction.” Each court system has unique legal procedures for how cases are handled and specific laws that will determine the outcome. While there are many similarities between state and federal court systems, the differences are significant. Failing to understand these differences can jeopardize your case.
Cases that State Courts Handle – Generally speaking, state courts hear cases involving state law and federal courts handle cases involving federal law. Most criminal cases are heard in state court because most crimes are violations of state or local law.
Criminal Cases in Federal Court – Criminal charges are very serious, regardless of whether they are in state court or federal court. However, the dynamics involved in a federal criminal case can be significantly different. In general, the federal government has tremendous resources to devote to investigating and prosecuting their cases. Federal prosecutors are aggressive, diligent, and very experienced.
If you or a family member is facing a similar situation, you need a specialized defense and a law firm with the experience and resources to face the Federal government.
Our consultation is free and we have offices in Dallas, Fort Worth, Denton, and San Antonio.
Drug Trafficking Charges In Texas
If you or someone you know have recently received a drug dealing or drug sales charge, and are wondering what to expect, here is a brief overview:
Drug sales charges or drug dealing charges are criminal charges that you will receive for the intended or actual sale of an illegal controlled substance such as meth, heroin, cocaine, or marijuana. What typically happens if you receive a drug dealing or drug sales charge will depend on your history.
Most of the time, the charges/penalties you receive will be dependent upon the type of drug you attempted to sell, the amount sold (if any), and if you have any previous drug charges.
If you were caught with drugs but didn’t intend to sell them, you could also be charged if it is determined you have too much of an illegal substance in your possession.
What type of punishment can you expect?
If you were caught selling, the punishment you receive will be dependent on how much of the drug was found on you. In most cases, if you were caught in the middle of selling/dealing the drug, you will be charged with a felony. However, if you were caught with the drugs and did not have the intention to sell them, you will be charged with a misdemeanor.
What is the difference between a felony and a misdemeanor?
Those charged with a felony are individuals who have committed a serious crime. Felony crimes also come with jail time and fines to pay. Misdemeanors are less severe, and those usually charged have to pay fines as opposed to spending time in jail.
There is no doubt about it—the punishment you may receive for dealing/selling drugs will be severe. But, the type of punishment you receive will also reflect the number of drugs you had on you at the time of your arrest.
Federal Charges for Transporting Illegal Aliens
Federal law prohibits aiding, selling, encouraging, or inducing the illegal entry of anyone who is not a U.S. citizen. Whether or not you are acting for profit or simply helping your family members into the U.S., these actions are punishable by law.
At Manuel Diaz Law Firm, PC we represent English and Spanish-speaking clients charged with alien smuggling and related offenses in Dallas, Fort Worth, San Antonio, and Denton.
Some of the more common offenses include:
- Alien smuggling – Knowingly bringing or arranging to bring illegals into the United States
- Transporting – Knowingly facilitating an illegal border crossing or transporting aliens
- Harboring – Knowingly concealing, harboring, or offering support to an illegal alien
- Encouraging or inducing – Knowingly encouraging or inducing an alien to cross into the U.S.
- Illegal hiring – Intentionally hiring or recruiting an employee known to be an illegal alien
- Marriage fraud – Knowingly marrying a non-U.S. citizen to evade any provision of entry
- Illegal re-entry – Knowingly re-entering the United States after you have been deported
What Are the Penalties for Smuggling Non-Citizens to the US?
In the United States, it is a crime to bring in, harbor, transport, or conceal an illegal immigrant. If you have been arrested for alien smuggling in Texas, you will face federal charges – which could result in a lengthy prison sentence and fines.
The penalties for smuggling an alien into the U.S. can include:
- Bringing or attempting to bring an alien into the U.S. – 10 years in prison
- Transporting or harboring an illegal immigrant for profit – 10 years in prison
- Transporting or harboring an illegal immigrant (not for profit) – 5 years in prison
- Alien smuggling that results in bodily injury or risk of death – 20 years in prison
- Alien smuggling that results in the death of another person – life in prison
If you are smuggling multiple non-citizens into the country, your punishment can be multiplied by the number of people involved. If someone is injured during the act, you could also face increased punishment. Whether your offense involves escorting someone into the desert or smuggling large groups of illegal aliens, you need an experienced attorney who can protect you from the most severe charges.
Organized Crime Charges
There are a number of ways a person could end up facing federal criminal charges for organized crime. Traditionally, organized crime laws were created because it was difficult for the ringleaders behind criminal organizations to be charged with any crime. The individuals who committed the actual crimes were prosecuted with the criminal violations that were already on the books, such as grand theft, embezzlement, or attempted murder.
It is also possible to charge individuals even if they didn’t directly commit the crime, through conspiracy charges. Conspiracy is a separate criminal offense that makes it a crime for two or more people to agree to commit a crime. This means that everyone involved in making the decision to commit a crime could face penalties as if they’d committed the underlying crime. When a low-level member of a gang is caught by the police, they may offer a deal if the suspect helps the police identify other higher-level individuals who may have been involved in the crime.
Organized Crime Defense
There are a number of state, federal, and international agencies that investigate organized crime. The Federal Bureau of Investigation (FBI), local police departments, international law enforcement, the Department of Justice, and even the IRS can be involved in criminal investigations. There are also a variety of criminal statutes and laws that can be implicated in an organized crime case, including state and federal violations.
U.S. prosecutors take organized crime violations very seriously, and because organized crime cases can involve allegations for a number of criminal offenses. Under 18 U.S. Code § 1963, the penalty for racketeering can result in life in prison. Involvement in committing murder in the aid of racketeering activity can even result in the death penalty, under 18 U.S. Code § 1959.
With offices in Dallas, Fort Worth, San Antonio, and Denton, the criminal defense attorneys at Manuel Diaz Law Firm, PC represent people facing state and federal charges. We have the knowledge and experience to handle any type of criminal case. If you’ve been charged with a crime, you need someone on your side – call us at (855) 900-3429 or fill out our online contact form to schedule a free consultation with one of our attorneys today.
*The information on this blog is for advertising and general information purposes only. Nothing on this site should be considered legal advice for any individual case or situation. Verdicts, case results, and settlements displayed on this site are intended to be representative of cases handled by Manuel Diaz Law Firm, PC, these listings are not a guarantee or prediction of the outcome of any other case or claim.
