Are you being charged federally in Kingston, NY? Federal criminal charges are much different than state charges. You need to hire a lawyer who knows how to defend you in federal court. A Kingston federal crimes lawyer at Larkin Ingrassia Criminal Defense Attorneys, can help.
Our team has more than 50 years of combined experience practicing criminal law. This includes fighting for our clients in federal court. We have a proven track record of helping our clients avoid convictions and mitigate the consequences.
The first step is to get in touch for a free consultation. This consultation is an opportunity for you to ask questions and meet the lawyers who may represent you. Call us to talk with a Kingston federal crimes lawyer today. You can reach out at (845) 566-5345.
How Larkin Ingrassia Criminal Defense Attorneys, Can Help if You Are Arrested for a Federal Crime in Kingston, NY
Larkin Ingrassia Criminal Defense Attorneys has helped clients charged in federal court for almost four decades. Our team is made up of highly-qualified attorneys. We are recognized nationally for our work. The lawyers on our team have a proven track record of success that includes getting cases dismissed and reduced.
A Kingston, NY, federal crimes lawyer on our team can help you from the beginning to the end of your case. Federal cases require precision and a case-specific strategy. However, our work often includes:
- Explaining the law and penalties
- Walking you through the criminal court process
- Filing bond motions
- Engaging in discovery
- Investigating the case
- Negotiating with the prosecutor
- Filing pretrial motions and arguing at motions hearings
- Keeping track of deadlines
- Preparing for trial
- Arguing your case in front of a jury
- Asking for a lenient sentence at a sentencing hearing
The best way to get started is to call us and schedule a free case evaluation with a Kingston federal crimes attorney. As soon as you get in touch, we can begin vigorously defending you and protecting your rights.
Overview of Federal Crimes in Kingston, NY
The federal government can charge someone with a crime, just as a state can charge someone with a crime. In fact, sometimes a person can be charged for the same criminal behavior by both the state and the federal government. The catch is that the federal government only has jurisdiction over certain crimes like those occurring across state lines.
Usually, federal charges are reserved for people who commit serious criminal offenses. That’s because the federal government has the resources to conduct ongoing and complex criminal investigations. Since the federal government has a lot of resources, people charged federally have a much more difficult time avoiding a conviction.
Types of Federal Crimes
There are many federal crimes. The federal criminal code is very long. Some of the most common federal crimes are:
- Drug trafficking
- Money laundering
- Fraud
- Counterfeiting
- Cybercrimes
- Human trafficking
- Bribery
- Organized crimes
- Racketeering
- Immigration-related offenses
The federal government can also prosecute more traditional crimes like murder, assault, or robbery, depending on the circumstances. The key is that they must have jurisdiction. If they don’t have jurisdiction, your attorney can ask the court to dismiss the case.
Federal Court Process
Kingston is in the Northern District of New York. Your federal case will be heard in the federal district court instead of the state court.
Investigation and Charges
As with state crimes, the court process is pretty similar. It begins with an investigation, then a criminal complaint from the U.S. Attorney or a grand jury indictment. The grand jury operates in secret. The U.S. Attorney will present evidence to the grand jury, and the jurors will decide if there is probable cause to support the charge. The grand jury can also decide if there is probable cause to support different or additional charges. In most federal cases, the grand jury will indict the defendant. This doesn’t necessarily mean that there is evidence beyond a reasonable doubt.
Arrest and Arraignment
After a formal charge, you will be arrested and go before the judge for an arraignment. This is when you enter a plea. You may or may not be released on bond at this point, depending on the charges. If you get bond it could be on your own recognizance, with certain conditions, or a secured bond.
Discovery
Both sides then engage in the discovery process, plea bargaining, and then a preliminary hearing and motions. This could happen quickly, or it could take months or even years, depending on the complexity of the case. Some examples of motions include:
- Motions to suppress
- Motions to exclude evidence
- Motions to compel
- Motions to dismiss
When your attorney or the prosecutor files a motion, you will appear in court for a hearing. Depending on the motion, there could be evidence from witnesses, like the police. This can help you learn more about the anticipated testimony at trial.
Trial and Sentencing
If the case goes to trial, a date will be set and your lawyer will argue the case in front of a jury. The jury will deliberate and decide whether you are guilty or not guilty. If you are found guilty, then your case will be set for sentencing. Once you are sentenced, your attorney can file an appeal in the federal court.
What Are the Penalties for a Federal Conviction in Kingston?
The penalties for a federal conviction tend to be more severe than those for a state conviction. That’s usually because the charges are very serious.
The consequences could include:
- Federal prison sentence
- Federal probation
- Fines and fees
- Asset seizures
- Sex offender registration
If you receive a federal prison sentence, you can be sent to any Bureau of Prisons facility around the country. You won’t necessarily stay in New York. The BOP will decide where you go based on factors like the crime, your security level, and the space in their current facilities.
Collateral Consequences
Collateral consequences are the consequences of a criminal conviction after you have served your court-ordered sentence. Collateral consequences can negatively impact a person’s life. For some people, the collateral consequences are worse than the prison sentence or fines.
Some of the most common collateral consequences of a federal felony conviction are:
- Permanent criminal record
- Inability to pass a background check
- Difficulty finding a job
- Difficulty finding stable housing
- Loss of the right to vote
- Loss of the right to own a firearm
- Ineligibility for certain government benefits
- Social isolation and stigma
- Deportation and immigration consequences
These consequences can severely impact your quality of life and overall mental health. Many people suffer for the rest of their lives after a federal conviction. That’s why it is imperative that you hire an attorney who knows federal court to represent you.
What Defenses Can Be Raised if I Am Accused of a Federal Crime in Kingston, NY?
The best defense in your case depends on the charges and the facts of the case. Some defendants have multiple strong defenses to use. Others will need to work to create a compelling defense. It’s usually harder to have a strong defense in federal court because the cases have been investigated thoroughly. However, that’s not always the case. There is almost always an argument to make.
Some examples of common defenses to federal crimes are:
- Lack of probable cause for an arrest
- Lack of reasonable suspicion for a stop
- Entrapment
- Self-defense
- Defense of others
- Defense of property
- Alibi
- Duress
- Insanity
- Insufficient evidence
- Constitutional violations
- Procedural violations
The prosecutor needs to prove the case against you beyond a reasonable doubt. This means that the evidence is so strong that no juror can reasonably doubt your guilt. If even one juror questions your guilt, the jury will acquit you.
Throughout your federal case, your lawyer will argue that there is insufficient evidence. This could be because you have a strong defense, or because the prosecutor simply doesn’t have enough evidence. You are not obligated to provide any evidence or to testify, though it may be helpful in certain cases.
An experienced Kingston federal crimes lawyer can advise you on the best strategy to win your case. Sometimes the best strategy includes poking holes in the case or filing motions to exclude harmful evidence.
Contact a Kingston Federal Crimes Lawyer For a Free Consultation
By the time you are arrested and charged with a federal crime in Kingston, New York, the U.S. Attorney has a lot of evidence against you. You are already behind case-wise. The best decision is to immediately call a Kingston federal crimes lawyer to begin working on your case.
Call Larkin Ingrassia Criminal Defense Attorneys, to schedule a free consultation. This is your best opportunity to learn about your rights, the federal court process, and the lawyer representing you. The sooner that you call, the sooner you can begin clearing your name.