Very few lawyers can handle complex federal criminal cases.
The difference between a federal and state crime is like the difference between night and day, even if the elements of a nonviolent or violent offense are roughly the same.
The stark differences begin with a grand jury indictment, which is mandatory in federal felony cases. Many people believe the grand jury is a buffer that protects people from malicious prosecutions. The grand jury is simply the tool of a U.S. attorney. The differences end with the sentencing process, which is largely in the hands of a probation officer in federal court.
At the Law Office of Kyle Whitaker, our Ft. Worth federal criminal defense lawyers account for these differences from the start. Our team is familiar with all the complex rules in federal courts, even the unwritten ones. So, we are well-positioned to favorably resolve federal criminal matters, helping people like you avoid the harsh direct and indirect consequences of a federal criminal conviction.
Common Federal Crimes
Assault, DUI, and drug possession are the most common criminal offenses in both state and federal court.
Generally, assault and DUI federal crimes are federal property crimes. A criminal offense on federal property, like a military base, national park, or federal office building, automatically becomes a federal crime.
We touched on the procedural differences between state and federal crimes, which are considerable above. Furthermore, federal crimes usually have additional and very serious collateral consequences.
Offenses on military bases are a good example. Additional collateral consequences often include loss of privileges, reduction in rank, and perhaps even court martial.
The basic elements of these offenses are the same in both state and federal court. So, a Ft. Worth criminal defense lawyer uses basically the same approach. More on that below.
For example, the same defenses are available in federal and state assault matters. Without the alleged victim’s credible testimony, these cases usually do not hold up in court. Therefore, undermining this testimony is usually the best strategy in assault cases. If a Ft. Worth criminal defense lawyer casts any doubt on the alleged victim’s credibility, the prosecutor usually cannot meet the burden of proof, which is identical in state and federal court.
Drug possession cases are noteworthy because the controlled substances list is different in state and federal courts. Marijuana, which has been partially legalized in many North Texas jurisdictions, is a good example. Even if this substance is legal under local laws, it is illegal under federal law.
Incidentally, the separate sovereignties, exception to the Fifth Amendment’s double jeopardy clause usually applies. Therefore, defendants could face the same charges in both state and federal court, just like certain crimes, such as assault, have criminal and family law consequences.
Our Approach
In both state and federal court, a successful outcome is a process, not a result. This process usually begins with prompt jail release. We work with bonding companies to secure jail release as quickly as possible to jumpstart the defense process. Our Ft. Worth criminal defense lawyers normally ask judges to reconsider or set bail in federal cases. Presumptive release, such as Own Recognizance release, is usually unavailable in these matters.
Later, during procedural hearings, attorneys use procedural defenses, such as Fourth Amendment search and seizure violations, to reduce the amount of evidence available to prosecutors.
Once that happens, our team is well-positioned to negotiate a favorable resolution, such as a reduced charge, or even a conditional dismissal, such as pretrial diversion. Federal criminal trials are incredibly rare. Over 98% of federal criminal cases settle out of court.
Reach Out to a Compassionate Tarrant County Attorney
Federal criminal charges have significant direct and indirect consequences. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker. The sooner you contact us, the sooner we start working for you.