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Will You Go to Prison for a Federal Offense?
Being charged with a federal crime can be frightening. You likely do not know what will come next or if you will be facing prison time. A federal offense is considered more severe than a state offense, carrying harsher penalties.
Being charged with a crime and being convicted of a crime are two different things. Just because you have been charged with a crime does not automatically make you guilty. Getting legal representation immediately is crucial in fighting these charges.
A Chicago federal criminal lawyer can discuss the factors that determine punishment for a federal offense and potential prison time for specific federal charges.
Federal Sentencing Guidelines
The Federal Sentencing Guidelines, developed by the United States Sentencing Commission, examine the severity of a crime and if you have a prior criminal history in determining prison time.
Federal Money Laundering Investigations in Illinois
Money laundering is the crime of disguising the illegal source of financial assets. To conceal the origins of this “dirty” money, a perpetrator may make transfers to multiple offshore bank accounts. If the perpetrator has a legitimate business, the individual may mix the money gained through illegal means with the revenue earned by the legal business.
If you are facing criminal allegations of money laundering, you will be investigated by a number of federal agencies. Overseen by the Department of Justice, these law enforcement agencies have vast resources to conduct a thorough investigation into your case.
Money laundering accusations are serious, and if you fail to hire an experienced Chicago money laundering lawyer, your entire future may be in jeopardy.
U.S. Department of the Treasury
The Department of the Treasury strives to safeguard the country from national security and terrorist threats. A special division known as the Office of Terrorism and Financial Intelligence (TFI) works to protect financial institutions both nationally and abroad. TFI, along with the Financial Crimes Enforcement Network (FinCEN), seeks to disassemble money laundering schemes.
Is Hacking a Federal Crime?
In 2022, over 800,000 cybercrime cases were reported to the Federal Bureau of Investigation (FBI). Of these instances, over 422 million people were victims of data breaches in the United States.
Computer hacking usually involves gaining access to a government or business computer with the intent to commit fraud or steal privileged information. Hacking usually involves accessing web-based information, generally being charged as a federal offense.
If you or a loved one has been accused of federal hacking, do not hesitate to reach out to our Chicago federal defense attorney.
Computer Fraud and Abuse Act
The Computer Fraud and Abuse Act of 1986, codified as 18 U.S.C. § 1030, criminalizes accessing a protected computer. The statute defines computer fraud as knowingly accessing a computer without permission to obtain sensitive information pertaining to the federal government. Under the statute, hacking a “protected” computer is a federal crime.
Who Can Face Charges of Insurance Fraud?
Insurance fraud costs the average American household an additional $400 to $700 in increased premiums annually. Insurance fraud is an increasing problem, estimated to cost more than $40 billion per year.
Insurance fraud can be committed by an insurance agent, adjuster, contractor, or even consumer, which can land the offender in federal prison.
If you or a family member are facing charges of insurance fraud, our Chicago criminal defense attorney is here to provide legal representation.
Common Insurance Fraud Schemes
Insurance fraud is the defrauding of an insurance company, another party, the state government, or the federal government for financial means. This defrauding can take place in a number of ways but does involve an individual making a false representation.
The most common insurance fraud schemes include:
Pleading Guilty to Federal Charges
Most defendants plead guilty as part of a plea bargain. A plea bargain is negotiated between a defense attorney and prosecutor, requiring judge approval. In a plea agreement, the defendant will plead guilty to a crime in exchange for certain charges being dropped or to a lesser charge.
Attorney Hal M. Garfinkel would like to provide an overview of federal plea bargaining and how our Chicago federal criminal lawyer can assist you in the process.
What is a Plea Bargain?
If the government has sufficient evidence to implicate the defendant, a federal prosecutor may offer the defendant a plea bargain. The defendant is only allowed to plead guilty if he or she committed the crime.
When both sides come to an agreement on a plea deal, there will be no trial, but rather, the defendant will proceed directly to sentencing. Even if the defense counsel and prosecutor can come to an agreement on terms, the judge still has full control over sentencing. The prosecutor may recommend a more lenient sentence, but the judge can impose whatever sentence he believes to be appropriate.
Federal Charges for Human Trafficking
Human trafficking involves the exploitation of people for forced labor or commercial sexual services. To crack down on crime, our judicial system imposes severe penalties for human trafficking offenders.
Human trafficking often involves force, fraud, or coercion to get the victim to perform forced labor or sexual acts. These acts are against the victim’s will but are performed due to financial hardship, emotional vulnerability, or out of fear.
If you have been accused of human trafficking, you need to speak with a Chicago federal criminal lawyer to defend the charges brought against you.
Trafficking Victims Protections Act of 2000
The Trafficking Victims Protections Act of 2000 (TVPA) was created to assist victims of human trafficking by establishing a federal task force to combat such illegal activity. Along with preventing trafficking, the law gives certain federal agencies the power to establish programs that will help victims reintegrate into society.
Federal Child Pornography Investigations: You Need a Lawyer
Child pornography involves the visual depiction of minors engaging in explicit sexual conduct. The pornography could be depicted through film, videos, photographs, or computer-generated imagery (CGI).
If you are found guilty of such charges, you can expect harsh penalties, including significant jail time and even fines. If you are facing allegations of child pornography, do not hesitate to contact our Chicago federal child pornography attorney today.
Federal Child Pornography Charges
Child pornography charges may include:
Is it Possible to Have Federal Criminal Charges Dropped?
If you are awaiting trial for federal criminal charges, the process can be agonizing. Between pre-trial hearings and meetings with your attorney, you are more than ready to put the entire ordeal behind you.
While the vast majority of criminal cases are resolved through plea bargains, others never make it to trial due to other factors. If you are facing federal criminal charges, do not hesitate to contact a Chicago criminal defense lawyer.
Reasons Criminal Charges May Be Dropped
A prosecutor may drop charges against a defendant in the following circumstances:
Prosecution Has Not Met Burden of Proof
In every criminal case, the prosecutor must prove the defendant's culpability beyond what we call a reasonable doubt. This is the highest standard in criminal law, meaning that based on the information available, a person of reasonable intelligence would draw the conclusion that you committed the alleged crime.
Federal Sentences: More Severe than State-Level Criminal Cases
If you have been charged with a crime at the federal level, you can expect a longer prison term. On average, those charged with a federal crime were sentenced to 145 months, or 12 years, in prison. In contrast, offenders charged with a state crime served an average prison sentence of 3.8 years in Illinois.
Attorney Hal M. Garfinkel would like to discuss what makes federal sentences more severe than state-level criminal cases and the advantages of hiring a Chicago federal criminal lawyer to represent your interests.
Why Federal Charges Are More Severe Than State Charges
Federal-level charges are noticeably more severe than state-level charges for the same or similar crime. There are a few main reasons for this, such as:
Federal Crimes are Investigated by Federal Agencies
Are You Under Investigation for Federal Drug Trafficking?
Drug trafficking is the illegal transportation of a controlled substance. Penalties for federal drug trafficking will depend largely on the type of substance that you had in your possession if you have prior offenses, and if there was a death or serious injury associated with the drug use.
If you are being investigated for drug trafficking, you need the assistance of a Chicago drug crimes lawyer who has a successful track record for defending these charges.
What is Federal Drug Trafficking?
Of the over 20,000 drug cases reported, 99% of these cases involved drug trafficking. Surprisingly, 41.7% of offenders had little or no criminal history.
Federal drug trafficking is the crime of manufacturing, transporting, or distributing illegal substances. The top seven illicit drugs that were distributed in fiscal year 2022 were: