Experienced Chicago Lawyers Answering Your Questions About Federal Crimes
At Cheronis & Parente LLC in Chicago, we are committed to providing you with the knowledge you need about your case and how it will be handled. Charged with a federal crime? Here are some things you may want to know:
When is a crime a federal charge?
A crime violating federal laws may result in a federal charge. On the other hand, state charges involve crimes that violate state laws – laws passed by state legislatures or local lawmaking bodies. The question becomes complex in that many federal and state laws overlap. Many crimes could be prosecuted in federal or state court. Authorities will determine where the case will be prosecuted based on various factors, including the severity of the charges and whether the criminal activity crossed state lines. Getting a lawyer involved early could result in keeping a case in state court.
What is the difference between state and federal charges?
There are many differences in laws, processes and penalties. However, the most visible difference may be the involvement of prosecutorial, law enforcement and investigative agencies in federal cases. You are up against federal prosecutors, the FBI, the DEA and others. They tend to have more resources than state agencies and are often more experienced. They build cases carefully. It is not unusual to have boxes of evidence involved in federal cases instead of a file folder or two in state cases.
Who investigates and prosecutes federal cases?
The U.S. Attorney’s Office typically prosecutes federal cases. These cases may be investigated by one or more federal agencies, such as the FBI, the DEA, or the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). These agencies may work in tandem with state prosecutors and local police departments, depending on the nature of the case.
Is a federal case likely to go to trial?
Unlike many firms, we are not afraid to try cases in federal court. Each case is different and must be judged on its own merits. However, we prepare each case as if it is going to trial. Having an attorney who is ready for trial is vital. Moreover, a reputation for trial results and evidence of trial preparation may serve as leverage in negotiating a favorable plea deal, should that be necessary. If the case must go to trial, you want an advocate who can effectively communicate to a judge and jury your side of the story, the weaknesses in the evidence against you and the strengths of your case.
How long does a federal investigation take before charges are filed?
Federal investigations can last many months. Agencies like the FBI, DEA, IRS or ATF gather extensive records, conduct interviews and coordinate with federal prosecutors before pursuing charges. Many investigations are confidential until agents have enough evidence to support an indictment, which means a target may have little insight into the government’s timeline.
Some cases with straightforward evidence move quickly, while others involving financial transactions, digital data or multiple witnesses can take years. Early legal counsel helps protect a person’s rights, manage communications with investigators and reduce the risk of mistakes.
What are the most common federal white collar crimes prosecuted in Illinois?
Illinois federal white collar cases often involve allegations of fraud, misuse of financial systems or interference with federal programs. Cases often arise from investigations by agencies such as the FBI or the Department of Homeland Security. Common offenses include health care fraud, wire fraud, bank fraud, securities fraud, tax fraud and public corruption. Prosecutors also pursue cases involving embezzlement, identity theft or complex schemes that cross state lines.
Since federal sentencing guidelines can trigger substantial penalties, those facing accusations benefit from experienced counsel. We understand how federal investigators build cases and how to challenge financial records, digital evidence and witness statements.
Can you be prosecuted for the same crime in state and federal court?
It is possible to face prosecution in both state and federal court for the same underlying conduct because the two systems are considered separate sovereigns. Each government has the authority to enforce its own laws, and double jeopardy protections do not prevent parallel prosecutions when both jurisdictions have an interest in the case.
This situation may arise in matters involving firearms, drugs, fraud or offenses that affect interstate commerce. Federal charges typically carry more severe penalties, and federal prosecutors may pursue a case even after a state outcome. Legal representation is essential to navigate overlapping investigations, protect the defendant’s constitutional rights and guide them through both court systems.
Do I need a federal criminal defense lawyer?
You need a lawyer licensed in the federal court where your case is being handled or who has been granted one-time permission to practice in that court. Knowing the distinctions in these cases, you should carefully review a lawyer’s background to verify that he or she has experience handling federal matters. We regularly practice in federal court. We have a record of success in these cases and have handled many major federal cases.
Call 872-985-0701 today to schedule your initial consultation.