Most criminal cases that arise out of apparent illegal conduct take place in state courts. However, the federal government also can pursue criminal charges against people who they allege have violated federal law. These defendants must understand the differences between state and federal criminal cases and promote an effective defense that aims to protect their legal rights and their futures.
A Maine federal criminal lawyer may be able to help if you are facing accusations related to the apparent violation of a federal law. Whether this includes crimes committed against the government itself, accusations involving drugs, or cases alleging violence against others, a well-versed attorney could work to explain the relevant laws and fight to protect your future.
State criminal courts handle most criminal cases arising from conduct that occurs in Maine. When an alleged violation of federal criminal laws occurs, the case is tried in a United States District Court. In Maine, these courthouses are in Portland and Bangor.
Many examples of federal criminal laws are nearly identical to those present in Maine’s criminal code. For example, 21 United States Code § 841 says that it is illegal to possess any controlled substance, such as prescriptions or street drugs. Equivalent state laws also prohibit the possession of these substances. Because of this, a person may face criminal charges in both federal and state courts due to the same alleged behavior.
Other federal charges allege criminal activity against the United States government itself. The most common are the rules concerning the payment of taxes. 26 United States Code § 7201 says that any attempt to evade or avoid one’s tax obligation is a felony that can bring up to five years in prison. A respected attorney in Maine could provide more information about alleged illegal behavior, including whether it involves a crime that applies only under Maine law or if federal laws also apply.
Every person facing federal criminal charges retains their Constitutional rights. These include the ability to remain silent while in police custody, the right to have an attorney present during questioning, and the right to participate in the selection of a jury.
In addition, prosecutors from the United States Attorney’s office must prove each element of an accusation beyond a reasonable doubt. A competent lawyer’s main goal is to create a reasonable doubt concerning the federal prosecutor’s criminal case.
An attorney could help to protect a person’s rights while they are still in the custody of law enforcement. They could also work to exclude evidence that was the product of improper interrogations or illegal searches of private property. At trial, they could cross examine witnesses and introduce evidence on behalf of defendants that helps fight a federal prosecutor’s allegations.
Federal criminal charges are always serious matters. Even misdemeanor-level accusations can result in the creation of a criminal record and a lengthy prison sentence.
A Maine federal criminal lawyer could help you avoid this outcome. When you learn you are the target of an investigation, they could explain the relevant laws, protect your legal rights, and ensure that courts and law enforcement follow the rules governing their behavior. Get in touch as soon as possible.