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Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

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What to Do If You Have Been Charged with a Federal Crime: A Guide

Mar 14, 2022

What to Do If You Have Been Charged with a Federal Crime: A Guide

It is the last thing you ever expect to happen. You have been charged with a federal crime. Perhaps you’ve heard that federal crimes are the worst kind of crimes, but what does that really mean? How can you find out more information regarding your charge and its consequences? How is the federal court process? You’re seeking answers and don’t know where to turn. You likely want to know what actions you can take to obtain the best outcome for your federal case.


If you have been charged with a federal crime, it is important to know what to do. 


You need to act quickly and consult with an experienced criminal defense lawyer. This guide will provide you with some basic information on the process and what to expect.


Understand the Charges

Being charged with a federal offense can be an uncomfortable and stressful experience. You may have been arrested at the workplace, or the police may have had to come to your house. How did you get here? In most instances, it's because you were accused of committing a federal crime.

Understanding the charges against you is a crucial first step on the road to defending yourself in court.


It is important to remember that federal crimes are serious offenses with potentially severe penalties. The consequences of a conviction can include lengthy prison sentences, hefty fines, and a criminal record that will follow you for the rest of your life.


Violations of federal criminal law are punishable by fines and/or imprisonment. In some instances, a violation can be a misdemeanor or felony offense. The punishment depends on a number of factors, including:


  • the seriousness of the offense;
  • the defendant's criminal history;
  • the defendant's role in the offense; and
  • whether the defendant accepted responsibility for his/her conduct.


When you are charged with a federal crime, you need to know exactly what the charges are. This will allow you to work on building your defense. The first thing that you should do is review the charging document. This may be called an information, indictment or complaint depending on who filed it and what the government is charging you with.


You can then look at the specific statute that has been violated and carefully read it in order to determine exactly what has been alleged against you. You should do this before speaking with anyone about your case, even an attorney. Even though some attorneys may tell you not to worry because they can help no matter what you have done, they still need to know what they are dealing with so they can help you properly formulate your defense.


It is also important to understand that not all federal crimes are created equal. The severity of the charge and potential penalties will vary depending on the specific crime you are accused of committing.

State and federal criminal charges

State and federal charges are two separate legal entities. If you are charged with a federal crime, it does not mean that the state is also charging you with a crime. However, in some cases the state and federal governments may both pursue charges against you for the same offense.


Federal crimes are prosecuted by the United States Department of Justice (DOJ). The DOJ is responsible for handling all federal criminal cases. If you have been charged with a federal crime, you will be prosecuted in federal court.


In general, offenses like traffic violations and other minor crimes are typically handled at the state level because states tend to have more resources for handling these kinds of relatively low-level violations. Federal agencies handle more serious offenses involving things like drug trafficking across multiple states an international borders, terrorism, and white-collar crimes.


State crimes are prosecuted by state attorneys general. Each state has its own attorney general who is responsible for handling all criminal cases within the state. If you have been charged with a state crime, you will be prosecuted in state court. Also, state laws vary significantly from federal laws. This is why it is so important to have an experienced criminal defense lawyer who is familiar with both state and federal law.


The specific federal crime you are charged with will also play a role in the severity of the charge and potential penalties. For example, some common federal offenses include drug trafficking, fraud, money laundering, and weapons charges. When faced with serious criminal charges, it is important to have an experienced criminal defense lawyer who can help you understand the charges and build a strong defense.


If you've been charged with a federal crime, you're already facing one of the most serious legal situations possible. From the moment you or someone you know is arrested, it's essential to take steps to avoid being convicted.


This guide is designed to help you understand what to expect from federal criminal charges and how to get started with your defense:

Understand the process

If you have been charged with a federal crime, one of the most important things you can do is understand what is going to happen. Each situation is different, but understanding the process helps you understand your rights and the possible outcomes.


First things first, you need to know the process for the different federal crimes. These crimes can be classified into two different groups: misdemeanors and felonies. The difference between a felony and a misdemeanor is determined by the severity of the crime. The federal government classifies felonies as more serious offenses, and misdemeanors are considered less severe.


If you are facing a federal criminal case the stakes are high and the outcome of your case could mean long-term consequences. A basic overview of how the process works will help you understand how to move forward:

Start Documentation

The first step in a federal criminal case is gathering as much information as possible related to your case. Make sure that you save copies of all paperwork given to you by the court or probation office. Make sure that you save copies of all documents provided to you during the discovery process. Save any police reports, arrest warrants or other documents provided by law enforcement agencies or prosecutors. 


You should start documenting everything, including all relevant dates, names, and contact information for potential witnesses and other key individuals who you believe may be involved in the case. You should also document any previous court hearings or meetings with law enforcement officials as soon as possible following these events.

Gather Evidence

The next step is to gather evidence. This goes along with the documentation, but is worth mentioning separately. This includes any physical evidence, such as weapons, drugs, or money, as well as any documents or records that may be relevant to the case. You should also collect any photos or videos that may be helpful in your defense.


When an individual is charged with a federal crime, the United States Government will file a complaint against that person. This complaint details the charges against the defendant, as well as any prior convictions they may have had. After being charged with a federal crime, it is important that the defendant and their attorney seek out any evidence that may implicate them as soon as possible. This evidence could include:


  • Police reports
  • Witness statements
  • Surveillance video
  • Phone records
  • Text messages/emails


If there are witnesses who may support your case, you should also be sure to document their names and how to contact them so that they can provide testimony on your behalf during trial. You should also write down a detailed account of what happened leading up to and during the alleged crime. You'll want to remember every detail possible as you go through this process.


Hire a Lawyer

When it comes to a federal criminal offense, you want an experienced attorney by your side. A federal defense attorney will have the knowledge and resources to help you navigate the complex legal system and federal court process, as well as give you the best chance at a favorable outcome.


Hiring a lawyer is the most important thing you can do if you have been charged with a federal crime. Federal crimes are extremely serious and penalties often include heavy fines and years in prison. A federal criminal defense lawyer will help you navigate the court system, avoid the pitfalls that impede a successful outcome, and provide you with the best possible chance of a positive result.


The U.S. judicial system is complex, and it is extremely difficult to represent yourself in court without a lawyer who has studied the law and court proceedings extensively. To defend yourself against these charges, you need someone who has experience representing clients in similar situations and understands how to build an effective criminal defense case on your behalf.


You should not try to navigate the federal criminal justice system on your own. If you or a loved one has been charged with a federal crime, contact us today for a free consultation with our experienced criminal attorney. 


You might also be interested: How a criminal defense lawyer can help you

Prepare Your Case

After being accused with a federal criminal charge, the United States Government will file a complaint against that person. This complaint details the charges against the defendant, as well as any prior convictions they may have had. It is important that the defendant and their attorney seek out any evidence, review prior criminal history or any confidential or sensitive information as soon as possible, as this evidence could impact the case.


Once this information has been gathered, your attorney will help you decide how best to defend yourself against the charges. They will advise you on how much evidence needs to be presented for you to receive a conviction or an acquittal or if a plea bargain is the best option.


Also read: 5 Mistakes That Can Affect Your Criminal Defense Case

Plea Bargaining

Plea bargaining is when the defense and prosecution come to an agreement outside of court. This agreement typically involves the defendant pleading guilty to a lesser charge or to one of multiple charges in exchange for more favorable sentencing, reduced charges or a dismissal of other charges.


You may have heard about plea bargaining in TV shows or movies. Plea bargaining is when a defendant pleads guilty to a lesser charge, in exchange for the prosecutor agreeing to drop more serious charges. In fact, almost all criminal cases (state or federal cases) are resolved this way.


Lesser charges have less serious penalties than more serious ones do. For example, if you were charged with a felony but pled guilty to a misdemeanor, you would not face as much prison time (if any) as you would have if convicted of the felony charge.


If you are offered a plea bargain, it is recommended that you consult with a qualified criminal defense attorney before accepting any plea bargain.

It’s never easy to face a legal battle, even if you think you are innocent. If you want to be successful in your case, it is important to understand the steps you need to take if you have been charged with a federal crime.


There are various strategies for handling federal charges. These strategies can be applied to an array of federal offenses, and depend on numerous factors of the case, such as the offense itself (e.g., misdemeanor or felony), the specific circumstances (such as amount of alleged drug possession), and most importantly with any federal crime, who you hire. It is very important to hire an attorney who has experience with federal offenses, understands your legal rights, and has specifically dealt with all of the factors that are relevant to your case, in both federal level and state level.



At the Law Office of Rolando Cantú we understand the ins and outs of the criminal justice system, and will thoroughly investigate every aspect of your case to develop an aggressive defense on your behalf, extensive experience and an excellent attorney client relationship. We will work tirelessly to get you the best possible outcome in your case, whether that be through a dismissal of charges, not guilty verdict, or a favorable plea bargain.

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