An arrest for a federal criminal charge is not usually the first time someone becomes aware they are a target. In fact, most federal crime charges come after a lengthy investigations process. There are exceptions of course such as drug crimes, armed assault, and some weapons offenses, but these charges may also be filed after a long investigation.
Minnesota Federal Crime Investigations
The Assistant U.S. Attorneys in the Criminal Division, a branch of the U.S. Department of Justice in the District of Minnesota, is responsible for prosecuting federal crimes in Minnesota. There are three specific divisions in this office, each of them investigating, presenting evidence before grand juries, and prosecuting different types of cases.
Examples of what each division handles include:
- Organized Crime Drug Enforcement Task Force — this task force handles serious gang and illegal gun cases with a focus on repeat offenders and criminal organizations. This division generally handles violent crimes.
- Major Crimes and Priority Prosecutions Section — some of the more challenging crimes like terrorism, cybercrimes, fraud involving federal programs, identity theft crimes and those crimes which are considered federal in Indian Country are handled in this division.
- Fraud and Public Corruption Section — this division focuses on white-collar crimes. Some of the types of crimes they handle include fraud by mail, wire and banking, mortgage and healthcare fraud, investment scams and corruption cases. In general, these crimes are non-violent offenders and the crimes can take months, and in some cases, years before investigations are complete.
Crimes Falling Under Federal Purview in Minnesota
There are number of crimes for which someone may be under federal investigation, or where someone may be arrested in Minnesota but facing federal criminal charges. Some of these include arson, armed robbery, weapons offenses, and drug crimes including possession.
Most white-collar crimes, including embezzlement, fraud, and internet crimes will result in federal charges. Kidnapping is almost always considered a federal matter as is mail fraud. These are serious charges and you should never try to fight these charges without an experienced criminal defense lawyer who has experience handling federal crimes.
Learning You Are Under Investigation
Make no mistake about it, if you are under investigation for a federal crime, you should contact a criminal defense attorney immediately. While it may not be possible for you to avoid being indicted, the sooner your attorney can speak with the prosecution, the more likely it is they can help mitigate the charges against you. Any type of federal investigation is going to be intensive — investigators are likely to pry into your financial records, talk to friends, neighbors and family members and may contact your place of business. None of these things is good, and it could cost you your job while tarnishing your reputation. Even if the investigation turns up nothing later, your reputation could be damaged.
Once you learn you are under investigation, contact a Minnesota criminal defense attorney who has experience handling federal cases. This is important because you, or your family members may be asked questions which should not be answered. Federal investigators have one goal in mind, to build a case against you, therefore, they will use any answer you provide them as further fodder to prove your guilt later. It is never a good idea to speak to law enforcement officers when you are actively under investigation for any crime, regardless of how minor the crime, without legal counsel. This is particularly true if you are under federal investigation where the stakes tend to be much higher. This applies whether you feel you may have exposure, or you feel you have done nothing wrong.
Federal Sentencing Guidelines are Strict
During 2017, across the United States, the number of referred for federal prosecution totaled 66,873. Nine percent of these cases fell into the area which would be considered fraud – this would encompass bank, wire, and program fraud among others. Drug and weapons still are some of the most highly referred federal cases despite being lower than in previous years.
When someone is facing a criminal investigation which involves federal charges, it is important they understand the potential penalties they are facing. There are minimum sentencing guidelines which the courts will follow. Federal charges also involve steep fines, may involve seizure of assets, and can involve minimum sentencing requirements depending on the type of crime.
Sentencing guidelines can be harsh, and may be enhanced when a weapon is involved, if the prosecution can convince the court the behavior is part of a conspiracy, or if someone suffered bodily injury because of the crime. In many cases, the court will take other issues into consideration too, but, it is important to understand in nearly every case, a guilty verdict could mean serving jail time and paying a fine.
Federal Prison is no Country Club
Oftentimes federal prison is portrayed as “easier” time than state, or county prisons. Do not believe this for one minute because it is simply untrue. In fact, it is possible for the first days, and even weeks of being in a federal prison, inmates will be unable to have many visitors because of the strict guidelines under which visitors will be approved for visits. Visitors must also pass certain screenings before they can visit, and there are limits on who may visit an inmate.
Those who are serving time in a federal prison are ineligible for parole but may be entitled to time reductions if their behavior while incarcerated is flawless. Make no mistake about it, there is no country club atmosphere and your time while incarcerated is strictly controlled by the prison staff members.
Do not risk your freedom, home, family, and employment if you are under federal investigation. As soon as you learn you are facing a federal criminal investigation, contact Attorney Kevin DeVore in St. Paul. You need someone on your side immediately who understands how the system works and who will be there to advise you on the best way to handle the investigation, what questions you should avoid answering, and should it become necessary, to defend you vigorously in court.
Posted 2nd December 2018 by DeVore Criminal Defense