Federal crime defense

Being convicted of a federal crime will have severe repercussions on your freedom and your future. You could be facing a lengthy prison sentence, significant fines, and more. The fact is that you cannot afford to defend yourself without the assistance of competent legal counsel.

It’s time to work with Carden Dotzler Hammond, PLLC. We defend the rights and best interests of individuals in Syracuse who have been charged with some of the most serious federal crimes. Learn more about how we can develop a legal strategy to advocate for you.

Why Clients Trust CDH Law

Not just any law firm is capable of defending you in the wake of federal offenses. Even attorneys who have experience with state-level criminal defense may not be prepared to deal with the complexities of federal statutes, criminal procedure rules, and sentencing guidelines.

You will leave much to chance, however, if you fail to retain a law firm that has the requisite skillset and knowledge to seek the best outcome for you. When you hire CDH Law as your criminal defense firm, we leverage the following in your favor:

  • Years of experience successfully defending individuals against serious federal criminal charges
  • Thorough investigation of the facts and evidence surrounding your criminal charges
  • Interviewing key witnesses who can provide valuable testimony on your behalf
  • Effective negotiation, where possible, with the federal prosecutor to seek a plea bargain
  • Requesting the dismissal of charges if the facts and evidence allow for it
  • Asserting affirmative defenses when they are available
  • Understanding the numerous rules and procedures that will govern all aspects of your case
  • Conducting each phase of your case, from hearings to trial, with the skill you expect and deserve
  • Challenging the prosecution’s witnesses and evidence and presenting a compelling defense
  • Answering your questions and concerns at each step of your criminal case
  • Bilingual legal counsel ready to effectively represent Spanish-speaking clients

Every client deserves a personalized and adaptable legal strategy that accounts for the evidence and any changes that emerge throughout the progression of the case. Consider some of our past results to learn how we have defended clients in a variety of criminal matters.

Defense Attorneys for Federal White Collar Crimes

White collar crimes are nonviolent offenses that have financial gain as the prime motivation. Possible criminal penalties include prison, fines, restitution, home detention, and payment of prosecution expenses. CDH Law is well-versed in defending against such crimes as:

  • Bank fraud
  • Credit card fraud
  • Embezzlement
  • Identity theft
  • Healthcare fraud (Medicare/Medicaid fraud)
  • Insurance fraud
  • Money laundering
  • Mortgage fraud/real estate fraud
  • Securities fraud
  • Tax fraud
  • Mail fraud/wire fraud

Several of these have state-level counterparts. Factors that may turn an otherwise state criminal charge into a federal charge include the involvement of federal funds, federally regulated institutions, federal programs, and interstate commerce.

Defending You Against Federal Drug Charges

The possession and distribution of certain drugs are federal offenses under the Controlled Substances Act. The Act classifies drugs into five different Schedules or categories. The Drug Enforcement Administration (DEA) is the leading agency tasked with enforcing federal drug laws.

Certain drug offenses can land a defendant with years or even decades in prison, on top of hefty monetary fines and civil asset forfeiture. If you are facing the following drug charges, you need knowledgeable legal representation:

  • Drug manufacturing
  • Drug trafficking
  • Continuing criminal enterprise crimes
  • Conspiracy to manufacture, distribute, or import illegal drugs
  • Distributing illicit drugs in unlawful locations or to persons under the age of 21
  • Simple possession of controlled substances without a valid prescription
  • Investing drug profits from illegal drug sales in interstate businesses

Federal Firearms Defense You Can Count On

New York is tough on gun crimes, but a defendant could face both state and federal charges in certain circumstances. Most federal firearm charges involve the illegal possession, use, transfer, shipping, and procurement of guns and other firearms. Examples of such offenses include:

  • Felony possession of a firearm
  • Using or carrying a firearm when committing a crime of violence
  • Making false statements concerning firearm purchases
  • Stolen firearms offenses
  • Possession and sale of firearms with altered or obliterated serial numbers
  • Unlawful possession or transfer of machine guns

Using a gun in commission of another crime may result in sentencing enhancements. This means that your recommended or mandatory sentence could be increased, potentially leading to substantial time in prison.

Defense Against Sex Crimes and Child Pornography

Although sex crimes have traditionally been charged at the state level, federal prosecutions have increased in recent years. Sexual abuse of a minor is one specific area of federal interest, and prosecutors can secure a conviction if they prove:

  • The defendant knowingly engaged or attempted to participate in a sexual act with a person;
  • Who was between the ages of 12 and 16 years old; and
  • Who was at least four years younger than the defendant

A defendant who is convicted of sexual abuse of a minor can face a maximum prison sentence of 15 years. These cases often involve child pornography charges as well, which includes pictures, videos, photographs, computer-generated images, and other visual depictions.

The possession, distribution, or production of child pornography is a federal crime with serious possible penalties. Most convictions lead to sentences of between 5 and 20 years, but coercing a minor to engage in conduct to create child pornography could land a person in prison for between 15 and 30 years. Repeat convictions lead to even longer sentences.

What You Need to Know About the Federal Sentencing Guidelines

Federal courts use Federal Sentencing Guidelines to determine the length of a convicted defendant’s prison sentence. Judges will consider the following factors, among others, when sentencing:

  • The base offense level
  • The amount of financial loss for white collar crimes
  • The quantity of drugs for any drug charges
  • Use of a firearm or other dangerous weapon
  • Whether victims suffered serious bodily harm or death
  • Mitigating and aggravating factors
  • Whether the defendant cooperated with or obstructed the investigation
  • Criminal history and career offender status
  • Statutory mandatory minimum and maximum sentences
  • Specific statutory sentencing factors
  • Departure from the guidelines, where permitted

We understand these factors and we know the value of evidence in arguing for or against consideration of them. Our goal is to decrease the severity of sentencing where appropriate and challenge the prosecution’s request for more serious penalties.

The Life Cycle of a Federal Criminal Case

Understanding how a federal criminal case proceeds, from initial investigation to trial and beyond, can help you prepare your defense. The basic steps include:

Investigation

A federal agency such as the FBI, DEA, or ATF may learn of possible criminal activity through witness tips, unrelated cases, and other ways. The responsible agency or agencies begin investigating by way of informal means (witness interviewing) and formal means (warrants).

Evidence collection

Agents will begin reviewing documents, compiling witness statements, or conducting surveillance. More extensive tools such as wiretaps may be used if a judge authorizes them. Officials will take time to build a case, a process that may last months or even years.

Grand jury investigation

Prosecutors may present their evidence to a grand jury, which has the power to subpoena additional documents and witnesses. The grand jury can decide whether there is probable cause to indict a suspect or it can decline to indict.

Pre-charge contact

If an individual is the subject of a federal investigation, agents may send the person a target letter or make contact prior to charges being filed to seek an interview. Your attorney may be able to communicate with prosecutors at this stage in an effort to avoid further action.

Formal criminal charges

Formal charges are initiated either through a criminal complaint or a grand jury indictment. Grand jury indictment is required for most felony prosecutions. The defendant is either arrested or may surrender voluntarily, and agents will advise of the charges.

Initial court appearance

During the initial appearance before a federal magistrate judge, the court advises the defendant of the charges against them and of their constitutional rights. Certain issues involving detention or release are addressed.

Bail hearing

The court will conduct a hearing to determine whether the defendant will be detained or released pending the trial. Federal courts may order detention if there is evidence that the defendant poses a flight risk or a danger to the community.

Arraignment

At the arraignment, the indictment against the defendant is formally presented in court. During this hearing, the defendant will enter a plea, which at this stage is typically “not guilty.”

Discovery

The defendant and their attorney have the right to receive certain discoverable evidence from the prosecution. Your attorney will review various records, statements, forensic reports, and other forms of evidence to aid in your defense strategy.

Pretrial motions

Either the prosecution or defense can file motions asking the court to do certain things such as suppress evidence or dismiss charges. Your lawyer may file motions that concern expert witness testimony as well.

Plea negotiations

Many federal crimes may be resolved through plea agreements reached between the defense and prosecution. These negotiations may continue as further evidence is developed and the court rules on pretrial motions.

Trial

If the case is not resolved by way of a plea agreement, it will proceed to trial, typically before a federal judge and jury. Prosecutors must prove each element of the charge against you beyond a reasonable doubt if it wishes to secure a conviction.

Verdict

At the conclusion of the trial, after the prosecution and defense rest their cases, the jury will return a verdict of guilty or not guilty. If your case was conducted as a bench trial, then the judge will make the decision.

Sentencing

The court will order a Presentence Investigation Report if the defendant is convicted. The purpose of this report is to present the court with information for the judge to consider in imposing a sentence. The sentence is then imposed based on guidelines and statutory factors.

Appeal

An appeal is not a second trial. But if there were procedural or evidentiary errors committed during your trial, you may have the right to appeal.

When You Should Retain a Federal Criminal Defense Attorney

You should speak with a criminal defense lawyer once you find out that you may be under investigation or if federal agents make contact with you. You should absolutely not speak with agents or prosecutors without talking to an experienced criminal defense lawyer first.

Hiring defense counsel early in your criminal case is strongly advised. Having legal representation can:

  • Protect your constitutional rights
  • Prevent you from making incriminating statements
  • Open important lines of communication between your lawyer and prosecutors
  • Help you appropriately respond to subpoenas or target letters
  • Allow your attorney to request suppression of evidence
  • Build a stronger legal defense
  • Potentially lead to reduced, dismissed, or avoided charges

Waiting until you are arrested or the investigation proceeds further may make it more challenging to contest the charges against you. You won’t have the luxury of time on your side, which could be important to developing a defense or affirmative defense.

Contact Our Syracuse Federal Crimes Defense Attorney

The prospect of a federal criminal conviction can be overwhelming, but you do have the right to a comprehensive legal defense. That’s where CDH Law comes in. If you are under federal investigation or charges have been filed against you, contact our office today.

Frequently Asked Questions About Federal Crimes

How will I know if I’m under investigation?

Some defendants don’t know they are under investigation until charges are filed. In other cases, contact from federal agents, receipt of a target letter, or a grand jury subpoena are warning signs. Other signs are search warrants being executed and friends or colleagues being interviewed.

Even if you are unsure that an investigation has commenced against you, reach out to our law office for further guidance. And if you notice any of the above signs, definitely contact us.

What should I do if federal agents want to interview me?

Remain calm and avoid answering any questions until you speak with a criminal defense attorney. Suspects generally have the right to decline a voluntary interview and to have an attorney present during questioning. A lawyer can advise you on how to proceed.

You should also understand that anything you say to federal agents may later be used against you. Moreover, any false statements you give (or allegedly false statements) could lead to separate charges. That’s why you need to speak with an attorney right away.

Are federal sentences more severe than state sentences?

In many cases, yes. The exact sentence you could be facing will depend on numerous factors, however. You should also know that some federal crimes carry minimum statutory sentences which severely limit a judge’s discretion in how long your sentence will be.

Can you help me negotiate a plea bargain?

A successful plea bargain could reduce the number of charges against you or the potential penalties you may face. Whether and to what extent your lawyer can negotiate a plea deal will depend on such factors as the specific charges against you and the nature of the evidence.

The decision of whether to negotiate a plea deal or proceed in a defense against the charges is a delicate one that you need to make in concert with an experienced criminal defense lawyer. Retaining a lawyer early is the best way to make the most out of a plea bargain.

Federal crime defense
Federal Crimes

Being convicted of a federal crime will have severe repercussions on your freedom and your future. You could be facing a lengthy prison sentence, significant fines, and more. The fact is that you cannot afford to defend yourself without the assistance of competent legal counsel.

It’s time to work with Carden Dotzler Hammond, PLLC. We defend the rights and best interests of individuals in Syracuse who have been charged with some of the most serious federal crimes. Learn more about how we can develop a legal strategy to advocate for you.

Why Clients Trust CDH Law

Not just any law firm is capable of defending you in the wake of federal offenses. Even attorneys who have experience with state-level criminal defense may not be prepared to deal with the complexities of federal statutes, criminal procedure rules, and sentencing guidelines.

You will leave much to chance, however, if you fail to retain a law firm that has the requisite skillset and knowledge to seek the best outcome for you. When you hire CDH Law as your criminal defense firm, we leverage the following in your favor:

  • Years of experience successfully defending individuals against serious federal criminal charges
  • Thorough investigation of the facts and evidence surrounding your criminal charges
  • Interviewing key witnesses who can provide valuable testimony on your behalf
  • Effective negotiation, where possible, with the federal prosecutor to seek a plea bargain
  • Requesting the dismissal of charges if the facts and evidence allow for it
  • Asserting affirmative defenses when they are available
  • Understanding the numerous rules and procedures that will govern all aspects of your case
  • Conducting each phase of your case, from hearings to trial, with the skill you expect and deserve
  • Challenging the prosecution’s witnesses and evidence and presenting a compelling defense
  • Answering your questions and concerns at each step of your criminal case
  • Bilingual legal counsel ready to effectively represent Spanish-speaking clients

Every client deserves a personalized and adaptable legal strategy that accounts for the evidence and any changes that emerge throughout the progression of the case. Consider some of our past results to learn how we have defended clients in a variety of criminal matters.

Defense Attorneys for Federal White Collar Crimes

White collar crimes are nonviolent offenses that have financial gain as the prime motivation. Possible criminal penalties include prison, fines, restitution, home detention, and payment of prosecution expenses. CDH Law is well-versed in defending against such crimes as:

  • Bank fraud
  • Credit card fraud
  • Embezzlement
  • Identity theft
  • Healthcare fraud (Medicare/Medicaid fraud)
  • Insurance fraud
  • Money laundering
  • Mortgage fraud/real estate fraud
  • Securities fraud
  • Tax fraud
  • Mail fraud/wire fraud

Several of these have state-level counterparts. Factors that may turn an otherwise state criminal charge into a federal charge include the involvement of federal funds, federally regulated institutions, federal programs, and interstate commerce.

Defending You Against Federal Drug Charges

The possession and distribution of certain drugs are federal offenses under the Controlled Substances Act. The Act classifies drugs into five different Schedules or categories. The Drug Enforcement Administration (DEA) is the leading agency tasked with enforcing federal drug laws.

Certain drug offenses can land a defendant with years or even decades in prison, on top of hefty monetary fines and civil asset forfeiture. If you are facing the following drug charges, you need knowledgeable legal representation:

  • Drug manufacturing
  • Drug trafficking
  • Continuing criminal enterprise crimes
  • Conspiracy to manufacture, distribute, or import illegal drugs
  • Distributing illicit drugs in unlawful locations or to persons under the age of 21
  • Simple possession of controlled substances without a valid prescription
  • Investing drug profits from illegal drug sales in interstate businesses

Federal Firearms Defense You Can Count On

New York is tough on gun crimes, but a defendant could face both state and federal charges in certain circumstances. Most federal firearm charges involve the illegal possession, use, transfer, shipping, and procurement of guns and other firearms. Examples of such offenses include:

  • Felony possession of a firearm
  • Using or carrying a firearm when committing a crime of violence
  • Making false statements concerning firearm purchases
  • Stolen firearms offenses
  • Possession and sale of firearms with altered or obliterated serial numbers
  • Unlawful possession or transfer of machine guns

Using a gun in commission of another crime may result in sentencing enhancements. This means that your recommended or mandatory sentence could be increased, potentially leading to substantial time in prison.

Defense Against Sex Crimes and Child Pornography

Although sex crimes have traditionally been charged at the state level, federal prosecutions have increased in recent years. Sexual abuse of a minor is one specific area of federal interest, and prosecutors can secure a conviction if they prove:

  • The defendant knowingly engaged or attempted to participate in a sexual act with a person;
  • Who was between the ages of 12 and 16 years old; and
  • Who was at least four years younger than the defendant

A defendant who is convicted of sexual abuse of a minor can face a maximum prison sentence of 15 years. These cases often involve child pornography charges as well, which includes pictures, videos, photographs, computer-generated images, and other visual depictions.

The possession, distribution, or production of child pornography is a federal crime with serious possible penalties. Most convictions lead to sentences of between 5 and 20 years, but coercing a minor to engage in conduct to create child pornography could land a person in prison for between 15 and 30 years. Repeat convictions lead to even longer sentences.

What You Need to Know About the Federal Sentencing Guidelines

Federal courts use Federal Sentencing Guidelines to determine the length of a convicted defendant’s prison sentence. Judges will consider the following factors, among others, when sentencing:

  • The base offense level
  • The amount of financial loss for white collar crimes
  • The quantity of drugs for any drug charges
  • Use of a firearm or other dangerous weapon
  • Whether victims suffered serious bodily harm or death
  • Mitigating and aggravating factors
  • Whether the defendant cooperated with or obstructed the investigation
  • Criminal history and career offender status
  • Statutory mandatory minimum and maximum sentences
  • Specific statutory sentencing factors
  • Departure from the guidelines, where permitted

We understand these factors and we know the value of evidence in arguing for or against consideration of them. Our goal is to decrease the severity of sentencing where appropriate and challenge the prosecution’s request for more serious penalties.

The Life Cycle of a Federal Criminal Case

Understanding how a federal criminal case proceeds, from initial investigation to trial and beyond, can help you prepare your defense. The basic steps include:

Investigation

A federal agency such as the FBI, DEA, or ATF may learn of possible criminal activity through witness tips, unrelated cases, and other ways. The responsible agency or agencies begin investigating by way of informal means (witness interviewing) and formal means (warrants).

Evidence collection

Agents will begin reviewing documents, compiling witness statements, or conducting surveillance. More extensive tools such as wiretaps may be used if a judge authorizes them. Officials will take time to build a case, a process that may last months or even years.

Grand jury investigation

Prosecutors may present their evidence to a grand jury, which has the power to subpoena additional documents and witnesses. The grand jury can decide whether there is probable cause to indict a suspect or it can decline to indict.

Pre-charge contact

If an individual is the subject of a federal investigation, agents may send the person a target letter or make contact prior to charges being filed to seek an interview. Your attorney may be able to communicate with prosecutors at this stage in an effort to avoid further action.

Formal criminal charges

Formal charges are initiated either through a criminal complaint or a grand jury indictment. Grand jury indictment is required for most felony prosecutions. The defendant is either arrested or may surrender voluntarily, and agents will advise of the charges.

Initial court appearance

During the initial appearance before a federal magistrate judge, the court advises the defendant of the charges against them and of their constitutional rights. Certain issues involving detention or release are addressed.

Bail hearing

The court will conduct a hearing to determine whether the defendant will be detained or released pending the trial. Federal courts may order detention if there is evidence that the defendant poses a flight risk or a danger to the community.

Arraignment

At the arraignment, the indictment against the defendant is formally presented in court. During this hearing, the defendant will enter a plea, which at this stage is typically “not guilty.”

Discovery

The defendant and their attorney have the right to receive certain discoverable evidence from the prosecution. Your attorney will review various records, statements, forensic reports, and other forms of evidence to aid in your defense strategy.

Pretrial motions

Either the prosecution or defense can file motions asking the court to do certain things such as suppress evidence or dismiss charges. Your lawyer may file motions that concern expert witness testimony as well.

Plea negotiations

Many federal crimes may be resolved through plea agreements reached between the defense and prosecution. These negotiations may continue as further evidence is developed and the court rules on pretrial motions.

Trial

If the case is not resolved by way of a plea agreement, it will proceed to trial, typically before a federal judge and jury. Prosecutors must prove each element of the charge against you beyond a reasonable doubt if it wishes to secure a conviction.

Verdict

At the conclusion of the trial, after the prosecution and defense rest their cases, the jury will return a verdict of guilty or not guilty. If your case was conducted as a bench trial, then the judge will make the decision.

Sentencing

The court will order a Presentence Investigation Report if the defendant is convicted. The purpose of this report is to present the court with information for the judge to consider in imposing a sentence. The sentence is then imposed based on guidelines and statutory factors.

Appeal

An appeal is not a second trial. But if there were procedural or evidentiary errors committed during your trial, you may have the right to appeal.

When You Should Retain a Federal Criminal Defense Attorney

You should speak with a criminal defense lawyer once you find out that you may be under investigation or if federal agents make contact with you. You should absolutely not speak with agents or prosecutors without talking to an experienced criminal defense lawyer first.

Hiring defense counsel early in your criminal case is strongly advised. Having legal representation can:

  • Protect your constitutional rights
  • Prevent you from making incriminating statements
  • Open important lines of communication between your lawyer and prosecutors
  • Help you appropriately respond to subpoenas or target letters
  • Allow your attorney to request suppression of evidence
  • Build a stronger legal defense
  • Potentially lead to reduced, dismissed, or avoided charges

Waiting until you are arrested or the investigation proceeds further may make it more challenging to contest the charges against you. You won’t have the luxury of time on your side, which could be important to developing a defense or affirmative defense.

Contact Our Syracuse Federal Crimes Defense Attorney

The prospect of a federal criminal conviction can be overwhelming, but you do have the right to a comprehensive legal defense. That’s where CDH Law comes in. If you are under federal investigation or charges have been filed against you, contact our office today.

Frequently Asked Questions About Federal Crimes

How will I know if I’m under investigation?

Some defendants don’t know they are under investigation until charges are filed. In other cases, contact from federal agents, receipt of a target letter, or a grand jury subpoena are warning signs. Other signs are search warrants being executed and friends or colleagues being interviewed.

Even if you are unsure that an investigation has commenced against you, reach out to our law office for further guidance. And if you notice any of the above signs, definitely contact us.

What should I do if federal agents want to interview me?

Remain calm and avoid answering any questions until you speak with a criminal defense attorney. Suspects generally have the right to decline a voluntary interview and to have an attorney present during questioning. A lawyer can advise you on how to proceed.

You should also understand that anything you say to federal agents may later be used against you. Moreover, any false statements you give (or allegedly false statements) could lead to separate charges. That’s why you need to speak with an attorney right away.

Are federal sentences more severe than state sentences?

In many cases, yes. The exact sentence you could be facing will depend on numerous factors, however. You should also know that some federal crimes carry minimum statutory sentences which severely limit a judge’s discretion in how long your sentence will be.

Can you help me negotiate a plea bargain?

A successful plea bargain could reduce the number of charges against you or the potential penalties you may face. Whether and to what extent your lawyer can negotiate a plea deal will depend on such factors as the specific charges against you and the nature of the evidence.

The decision of whether to negotiate a plea deal or proceed in a defense against the charges is a delicate one that you need to make in concert with an experienced criminal defense lawyer. Retaining a lawyer early is the best way to make the most out of a plea bargain.