Federal Criminal Lawyer FAQFederal Criminal Lawyer FAQ

What is a criminal defense?

admin — Mon, 05 Oct 2009 21:37:50 +0000

This is a variety of conditions tending to show that a person accused of committing a federal crime is not guilty of that crime. Although the prosecutor has the entire burden of proving an individual guilty, an accused individual still has a right to present any available legal defense.

What are the Federal Sentencing Guidelines?

admin — Mon, 05 Oct 2009 21:18:48 +0000

These are rules that set forth a uniform sentencing policy for individuals convicted of federal crimes. The guidelines are a product of the United States Sentencing Commission, and their primary goal is to prevent similarly-situated persons from being sentenced differently. The sentencing guidelines help determine sentences based primarily on two factors:

The conduct associated with the offense; and
An accused individual’s criminal history.

For example, if an accused individual has an offense level of 22 and a criminal history category of II, then his guideline range is 46 to 57 months in the Federal Bureau of Prisons.

What makes a crime federal rather than state?

admin — Mon, 05 Oct 2009 21:17:51 +0000

A federal crime is an offense that has been made illegal either by federal law or one that occurs on federal property. Examples of federal crimes include:

bank fraud
bank robbery
certain civil rights offenses
counterfeiting
conspiracy to distribute drugs
firearms offenses
health care fraud
mail fraud

What is the difference between federal law and state law?

admin — Wed, 12 Aug 2009 02:32:18 +0000

The United States Constitution provides for a federal government that is superior to state governments in such matters as the authority to govern international affairs, national defense, and currency-related issues. The Fourteenth Amendment to the U.S. Constitution makes the Bill of Rights applicable to each of the states. Federal law governs such things as legislation passed by the U.S. Congress, executive orders of the President, and decisions of federal courts that interpret the U.S. Constitution. The U.S. Supreme Court is the final arbiter of federal law. Federal laws are codified in the U.S. Code.

State law, on the other hand, is the law that governs in each separate state. State laws are passed by state legislatures and signed by a state’s governor. State law exists in conjunction with–and sometimes in conflict with–federal law. When conflicts occur, it is the federal courts that resolve the issues.