Articles Posted in Federal Crimes

Self-defense is the basic idea that you can protect yourself when you’re in danger. Florida, like many states, has its own set of self-defense laws, including the “Stand Your Ground” law. Let’s delve into the intricacies of these laws and their implications for residents of the Sunshine State.

Self-Defense Laws in Florida:

Self-defense, in its simplest form, is the right to protect oneself from harm when faced with imminent danger. Florida’s self-defense laws are outlined in Florida Statute 776.012, commonly known as the “Stand Your Ground” law. This statute allows an individual to use deadly force if they believe it’s necessary to prevent death, great bodily harm, or the commission of a forcible felony against themselves or others. However, the key element is the individual’s reasonable belief of the threat.

Federal supervised release is a period of post-prison supervision designed to assist individuals in reintegrating into society while ensuring public safety. However, violating the conditions of supervised release can have serious repercussions. In Florida, as in other states, the consequences of such violations can be severe, leading to legal troubles and potential imprisonment. This blog explores the potential outcomes when one violates their federal supervised release in Florida.

Arrest and Detention:

Upon violating the terms of their supervised release, an individual may face arrest and subsequent detention. A warrant is typically issued, leading to the person’s apprehension and confinement in a detention facility until their violation hearing.

Under federal law, being present at the scene of a crime does not necessarily make an individual guilty. In order to be convicted of a crime, the prosecution must prove beyond a reasonable doubt that the individual committed or assisted in the crime. Simply being present at the scene of a crime does not demonstrate that the individual had the intent to commit the crime or was otherwise involved.

The prosecution must prove that the individual actually committed or assisted in the criminal act. For example, to be convicted of a drug offense, the prosecution must prove that the individual knowingly possessed, manufactured, or distributed the controlled substance. Simply being present at a location where drugs are present is not sufficient to establish guilt.

That being said, there are certain circumstances where an individual’s presence at the scene of a crime may give rise to suspicion or make them a person of interest in an investigation. For example, if an individual is present at the scene of a crime and provides false or misleading information to law enforcement, this may lead to further investigation and potentially charges for obstruction of justice.

If you are arrested, it is vital that you know if you are going to be charged in a state court or in a federal court. For state crimes, state police and prosecutors will pursue the charges while other crimes are investigated by a federal agency, like the Federal Bureau of Investigations (FBI), the Drug Enforcement Agency (DEA), the U.S. Immigration and Customs Enforcement (ICE) and more.

If you were tried and acquitted of murder in the state of Florida, the concept of double jeopardy bars the state from prosecuting you for the same criminal incident in the future. Although the U.S. has a strong principle against double jeopardy, which doesn’t allow an individual to be charged twice for the same crime, there is the separate sovereign exception. Under the concept of “dual sovereignty,” state and federal governments may separately prosecute you for the same crime if the criminal act in question violates state and federal laws. This means you may also face prosecution in a federal court for the same crime.

If the person is charged in both systems, they may also face sentencing in both as well.

What are the consequences of lying to a federal agent?

Lying, or willingly making false statements to a United States federal agent, is a federal crime. Under Section 1001 of title 18 of the United States Code (18 USC Section 1001), an individual or group can be criminalized for knowingly falsifying, concealing, and/or covering up pertinent information with a trick or scheme intended to derail any investigation. All false statements, spoken and written, that are or are not made under oath are subject to similar penalties.

It is stated in the United States Code that those found in violation of 18 USC Section 1001 can receive a maximum sentence of up to five years in prison for tax evasion and lying with intent to derail any investigation, and eight years if any false statements are linked to acts to terror, human trafficking, and certain sexual offenses. However, in order to successfully convict an individual or group of committing such crimes and being in violation of 18 USC Section 1001, United States government officials must prove three things:

Being arrested for a federal charge can easily be an overwhelming experience, leaving many people not knowing what to do. As the common saying goes, “innocent until proven guilty”. It is important to protect your rights from being violated which include the right to a Miranda Warning, the right to remain silent, and the right to an attorney. Doing so protects you against abuses and aids in a best-case scenario for your trial. Therefore, hiring an experienced and qualified lawyer, like the office of Michael B. Cohen, is the most important first step to make after being arrested.

After Arrest Process

After being arrested for a federal charge, the process begins with an initial appearance before a federal judge. The judge will make the decision whether there is substantial evidence to continue proceedings along with the possibility of a bond.

Criminal cases fall into generally two types of court systems – federal and state. Which court your case will fall under will depend on which court system has jurisdiction (the power to make legal decisions and judgements). Most states like Florida have broad jurisdiction and can hear cases regarding DUI cases, theft, assault, traffic offenses, etc. Even so, state courts are limited to just interpreting state law while federal courts hear a criminal case when there’s a violation in federal law. It’s important to hire an experienced and proven lawyer to handle your case in either scenario.

If you have been tried of a federal crime, your trial will likely be heard in one of these types of courts:

District Courts: 94 courts around the country where federal cases are tried