Criminal Law

If you are under investigation for committing a criminal act(s) or if you have been arrested, you may or will be, prosecuted in either State or Federal court. In some instances, you may even be subject to prosecution in both courts!

As an overview, almost every crime committed can be prosecuted by the State of Florida; but not every crime committed can be prosecuted by the Federal Government. Federal Courts have jurisdiction over crimes that are in violation of Federal laws only, which usually involve crimes where criminal activity is multi-state (drug conspiracy) or involves a violation of a federally regulated business, such as banks or mortgage companies. Federal courts generally do not have jurisdiction over certain crimes, such as DUI, murder, theft or battery. Federal crimes are always prosecuted after an investigation by a Federal agency, such as the FBI, DEA or ATF.

Unlike a State case, if you are arrested and charged with a Federal crime, the Federal Government is usually ready to take you to trial that day. Well over 90% of those charged with a Federal crime are found guilty and over 90% go to prison. Subsequently, if you receive notification from a Federal law enforcement agency informing you that you are the target or subject of an investigation, you need to call an attorney immediately!

The Federal criminal system is highly complex, much more so than the State criminal system. Federal Court Judges have a limited involvement, as compared to State Court Judges. Unlike State Court, depositions are usually not allowed, probation is rarely a sentencing result, nor is a “withhold of adjudication” a possible outcome for a case. The result in Federal Court is either you will be a convicted felon, or you will walk away a free person.