The federal criminal justice system bears little resemblance to the Nebraska court system. If you’re charged with a federal crime or you are under investigation for a federal offense, it’s critical to speak with the Lincoln federal crime attorneys at Berry Law as soon as possible. We understand the differences between these two systems and how to prepare and present strong defenses in both.
The consequences of a federal conviction can be severe, so it is best to partner with a team of aggressive defense attorneys when you future is at stake. Our Lincoln federal crimes lawyers have the experience and determination necessary to help you fight your charges and protect your freedom.
The legal team at Berry Law has extensive knowledge of federal criminal procedures, grand jury processes, law enforcement agency policies, and sentencing guidelines. If you are facing federal charges, contact Berry Law today to schedule a confidential consultation and learn more about your legal rights.
Who Investigates and Prosecutes Federal Crimes?
Several different federal agencies investigate federal crimes. Some of these agencies investigate a broad range of cases, such as the Federal Bureau of Investigation (FBI). The Department of Justice also has its own investigators that enforce federal crimes.
Other federal agencies are more specialized, focusing on a very narrow area of the law. For example, investigators for the Securities and Exchange Commission (SEC) focus entirely on financial crimes. Likewise, the Bureau of Alcohol, Tobacco, and Firearms (ATF) primarily investigates the trafficking of illegal guns.
It is also common for multiple agencies to work together during an investigation. A drug sting operation might include the FBI, the Justice Department, the ATF, along with state and local officials.
The United States Attorney for your federal district or an Assistant U.S. Attorney will be responsible for prosecuting your case. The skilled federal crimes lawyers at Berry Law understand how these federal entities operate and can explain what you can expect in your case.
What is a Federal Grand Jury in Lincoln?
Before a federal felony criminal case goes to trial, it must go before a grand jury. The federal government relies on grand juries to determine whether there is enough evidence to proceed with a felony criminal prosecution and some misdemeanor cases as well.
This procedure is different from a standard trial. The government presents its evidence to the grand jury, and the defendant does not have the right to respond. In fact, the grand jury process occurs in secret, often without the defendant knowing that a grand jury has been convened to consider their case.
It is not the role of a grand jury to determine guilt or innocence. Instead, this group of people will only decide if there is probable cause for a prosecution to go forward. If you recently learned your case went before a federal grand jury, it’s time to reach out to a diligent federal crimes lawyer in Lincoln who can help you prepare a defense.
How Does Sentencing Work in Federal Cases?
The federal government sentences criminal defendants differently than state courts. Typically, state law sets out a range of possible sentencing possibilities and allows the judge to determine what sentence within that range is appropriate. The federal government takes a less flexible approach to sentencing.
When a person is convicted of a federal crime, the government will rely on federal sentencing guidelines to determine the appropriate punishment. Federal criminal offenses also have a set penalty range, but the courts must rely on certain other factors within the sentencing guidelines to upgrade or downgrade the sentence within that range.
A variety of factors can impact the sentence issued in a federal case. For example, a person with prior criminal convictions can expect to face a sentence on the higher end of the spectrum. There could also be facts surrounding the case that reduce the sentence, such as cooperating with federal authorities to implicate other criminal actors.
Can a Skilled Federal Crimes Lawyer Argue For a Deviation from the Recommended Guidelines?
It is worth noting that the Supreme Court has ruled that strict use of these guidelines is not mandatory. This means that in some situations, a judge could deviate from the recommendation of the guidelines entirely.
Depending on the unique circumstances, a sentence deviation could result in a penalty below or above what is recommended, but the court cannot enter a sentence that exceeds the maximum allowed by law. A diligent federal crime lawyer can help you assess all relevant factors in your case to determine how your circumstances may impact the federal judge’s sentencing decision.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Berry Law Has Decades of Experience Fighting for Our Clients in Federal Court
At Berry Law, our criminal defense attorneys have the experience and trial skills necessary to plan and fight your legal battles. We know the FBI and DEA can mount and sustain a lengthy investigation, and few federal prosecutors will seek an indictment on charges they’re not confident of winning. Still, we are not deterred.
Our mission is to aggressively advocate for your constitutional rights and due process protections, and our attorneys know how to succeed in federal court. We have the experience and staff to build and present an extensive and detailed jury case to protect your rights and require the government to prove your guilt beyond a reasonable doubt.
Call a Lincoln Federal Crimes Lawyer at Berry Law Today
Our Lincoln federal criminal lawyers have represented defendants in several types of cases. Whether you were accused of a drug offense, a sex crime, or a white-collar crime, the legal team at Berry Law will fight for you. Contact us today to set up a confidential consultation.