Most criminal cases in Maryland are heard in the state circuit courts located in one of Maryland’s eight judicial circuits. However, some crimes fall under the jurisdiction of the United States government and are prosecuted in federal court. Only certain attorneys are admitted to practice in federal court, so it is important to seek a consultation with a professional Maryland defense lawyer if you are facing these charges. Crimes that occur on federal property, involve federal funds, interstate or international transportation and/or wire transmission, or impact national security are examples of common charges typically prosecuted in federal court. Depending on the facts of your case, your Maryland federal criminal attorney may even choose to dispute the federal jurisdiction of the case. If you are facing federal charges, you will need a lawyer knowledgeable about the following areas of federal practice:
Read on to learn more about how a Maryland federal criminal attorney could make a difference in your case today.
There are significant differences between state and federal criminal charges. Most arrests in the United States are made by local police enforcing state laws, so if you are arrested for an offense, you will likely find yourself in state court. This can include anything from drunk driving to serious offenses like murder.
On the other hand, federal charges may arise from allegations that involve the crossing of state lines, like in the case of kidnapping, or from crimes committed on federal property, such as drug possession in a federal park. A Maryland federal criminal lawyer can explain these differences in more detail during a confidential consultation.
Understanding plea bargaining and sentencing is essential after being charged with a crime. Most federal cases are resolved through negotiated dispositions, which may involve dismissing charges or negotiating aspects of potential sentencing enhancements in exchange for a guilty plea.
Federal courts operate differently from state courts regarding sentencing. The United States Sentencing Guidelines (“USSG”) provide uniform sentencing recommendations based on various factors, although they are advisory and non-binding. When a judge determines your sentence at the District Court level, he or she must calculate the USSG’s recommendations and consider factors like the nature of the offense, your characteristics, and the need for treatment or services.
If you believe legal errors were made during your trial, you have the right to appeal. This could involve issues such as juror misconduct or the admission of prejudicial evidence. In the federal system, your appeal would begin at a United States Court of Appeals, with some cases potentially reaching the United States Supreme Court.
The outcome of an appeal can vary. A higher court might order a new trial or dismiss the charges against you, but it is important to note that few appeals are successful; the court may also uphold the trial court’s decision.
If you are facing allegations related to white-collar crimes such as fraud, embezzlement, or perjury, it is essential to understand the implications. “White-collar” is a term typically used to describe crimes traditionally alleged against those who wear suits to work, hence the term white-collar. White-collar crimes are typically prosecuted in federal court and can include:
Other crimes commonly prosecuted as federal offenses include the distribution of child pornography, kidnapping, gun manufacturing, extortion, cybercrimes, money laundering, narcotics trafficking, and other offenses.
A knowledgeable Maryland federal criminal lawyer can assist you by building a defense strategy.
Assistant United States Attorneys and other Department of Justice prosecutors analyze evidence gathered by government law enforcement agents and aggressively prosecute cases in federal court. Organizations that help with these investigations can potentially include the FBI, DEA, ATF, or the IRS.
If you know you are being investigated by a federal law enforcement agency in Maryland, or if you suspect that you may be under investigation, it is important to contact a qualified Maryland federal criminal lawyer as soon as possible so that your rights can be protected.
An experienced attorney can also help you to build a defense if formal criminal charges are brought against you by either complaint or indictment. A charge brought by complaint is approved by a prosecutor. An indictment is issued when a grand jury, a group of citizens that has heard evidence of alleged crimes, agrees that there is enough evidence to formally charge you with a crime after a vote.
Rape, sexual assault, and child molestation allegations are typically charged in state court. With the proliferation of the internet, however, if such a crime involves the crossing of state lines, the offense may be prosecuted in federal court. For example, if you are charged with distributing child pornography that involves minors across state lines, you could face serious federal charges. This can occur through file sharing on the internet or even directly sending child pornography through email or instant messaging, all of which are forms of interstate/international wire communications.
The federal government actively investigates and prosecutes internet-related sex crimes, including soliciting a minor online. If your actions involve crossing state lines for illicit purposes, you could face severe penalties.
You may be charged with several federal sex crimes, including:
Federal law prohibits US citizens and permanent residents from traveling to a foreign country to engage in child prostitution or any sex act that would be illegal if it occurred in the United States, even if the act is legal in the destination country.
While state charges are generally handled by Maryland District and Circuit Courts, federal charges are prosecuted in the United States District Court for the District of Maryland, located in Baltimore and Greenbelt. Federal appeals take place in the United States Fourth Circuit Court of Appeals, located in Richmond, Virginia.
The Fourth Circuit handles federal appeals from cases decided in U.S. District Courts in Maryland, Virginia, North Carolina, South Carolina, and West Virginia.
Approximately 97% of federal criminal cases are resolved by plea bargaining. Only about 3% are resolved through a jury trial. However, this does not mean that all is lost if you are charged with a federal offense. It solidifies the need for an experienced Maryland federal criminal attorney who is equipped to aggressively handle the challenges of defending you in a federal criminal case. Reach out to our team today to work with a dedicated legal advocate.