You could feel frightened and overwhelmed if you were charged with a federal crime recently. The first step to dealing with this serious matter is understanding the nature of the charges against you. This article answers some of the most common questions about federal crimes and charges. Second, contact a Chicago federal criminal attorney at the Law Offices of Vadim A. Glozman for more information.
If you commit a federal crime, you violated a statute that the US Congress passed. On the other hand, a state crime means you broke a law that your state legislator or local government passed. In addition, many federal criminal statutes address issues that significantly impact the nation. Therefore, federal criminal laws apply when someone engages in illegal activity across state lines.
Recently, the US government has been more involved in prosecuting drug and violent crimes in the states. These prosecutions used to be left almost entirely to state law enforcement. Note that many crimes can be prosecuted at state and federal levels. However, federal authorities usually do not federally prosecute defendants for criminal actions already being handled at the state level.
An indictment is where the federal government formally accuses you of a crime. Then, the federal criminal justice system uses the indictment to launch a criminal case against you. But there are some cases where the prosecutor only uses a criminal complaint to start the case.
For an attorney to be your defense counsel, they must be licensed to work in the federal court where your case is handled. Or, they must get permission from the federal court to practice there on a case-to-case basis. Also, remember that the federal criminal justice system differs markedly from state systems. Therefore, hiring a Chicago federal criminal attorney with extensive experience in these cases is vital.
The government uses federal sentencing guidelines to decide the correct sentence length and fine. The guidelines recommend a sentence based on the crime and your degree of criminal history. Mitigating and aggravating factors can increase or decrease the length of the sentence. Federal penalties are often harsher than state punishments. Some of the most severe offenses have a mandatory prison term.
Federal criminal prosecution is like state prosecution in many ways. You are guaranteed your constitutional rights, including:
US prosecutors can offer a reduced charge or sentence if you provide assistance in a government case. Factors that may lead to a sentence reduction include how severe the crime was and the level of help you offer the government. But you should never agree to a deal with the prosecutor without talking to a federal criminal defense attorney first. You could give up critical rights and leverage without using an attorney to help you.
Federal government agencies usually investigate federal crimes, including the DEA, Department of Justice, IRS, DEA, ATF, Secret Service, and others. In addition, state law enforcement agencies may sometimes partner with federal agencies.
The US Attorney’s Office usually prosecutes a federal crime for the region where the crime allegedly happened. However, in some cases, a DOJ or the EPA prosecutor may participate in the investigation.
The conviction rate is approximately 95% or more. This is partially because most defendants take a plea deal and a reduced sentence. They may get a much more severe punishment if they go to trial and lose. Your criminal defense attorney will advise if you should take a plea bargain or go to court.
The US criminal justice system is complicated. There are many different rules, statutes, investigative agencies, and many types of related case law. In addition, federal prosecutors, judges, and law enforcement are skilled in their jobs, so federal court can be an intimidating place for many attorneys.
A lawyer must have significant experience and skill to operate in federal court. That is why many criminal defense attorneys only work in state court. However, if you face a federal charge, be sure that your attorney often works in the federal court system.
Federal charges are similar to other criminal charges. So, you are entitled to defend yourself and beat them. The US government has significant resources to convict you, but it is possible to win a federal case. Locating an experienced federal criminal attorney familiar with your types of cases can boost your odds of besting the charges.
You need to contact a Chicago federal criminal attorney immediately. You have vital constitutional rights during the federal investigation that need to be protected. How you go forward from this point can make a huge difference in your case’s outcome.
You need not wait until federal charges are brought before talking to an attorney. Some federal investigators will be direct and tell you that you are under investigation and could be arrested. If so, you should speak with a federal crimes attorney. Talking to an attorney sooner than later can help avoid you saying something to law enforcement that damages the case.
It also helps to have an attorney early in the investigation because they can get information about the case you cannot. This is often helpful.
Federal financial crimes — also called white-collar crimes — are non-violent offenses committed for financial gain through deception, manipulation, or abuse of trust. Common examples include wire fraud, mail fraud, securities fraud, money laundering, tax evasion, embezzlement, and bank fraud. These offenses are prosecuted under federal statutes and carry severe penalties including lengthy prison sentences and substantial fines.
The FBI, IRS Criminal Investigation division, SEC, CFTC, and the Department of Justice are the primary agencies involved in investigating federal financial crimes. These agencies have significant resources and often spend months or years building a case before charges are filed.
Do not respond to a subpoena or speak with investigators without first consulting a federal criminal defense attorney. What you say — or produce — during the investigation can significantly affect the outcome of the case. Early legal intervention is critical and in some cases can prevent charges from being filed altogether.
Penalties vary by offense but can include decades in federal prison, restitution orders, asset forfeiture, and substantial fines. A conviction also carries severe collateral consequences including loss of professional licenses, reputational damage, and permanent restrictions on working in certain industries.
A drug charge escalates to federal trafficking when it involves large quantities of a controlled substance, crosses state lines, or is part of a larger conspiracy investigation. Federal drug trafficking charges carry mandatory minimum sentences that can range from five years to life in prison depending on the substance and quantity involved.
Possession involves having a controlled substance for personal use. Trafficking involves the manufacture, distribution, or possession with intent to distribute. Federal prosecutors often use the quantity of drugs found, the presence of packaging materials, cash, or scales to argue intent to distribute even when no sale was directly observed. Learn more about how we handle federal drug trafficking defense.
Yes. Federal law allows the government to seize any assets it believes were used in or derived from drug trafficking — including cash, vehicles, real estate, and bank accounts — often before a conviction is obtained. Challenging asset forfeiture is an important component of any federal drug trafficking defense.
These cases are typically built over months or years using wiretaps, confidential informants, controlled purchases, and surveillance. By the time charges are filed, the government has usually assembled a substantial record. Early representation — before charges — gives defense counsel the best opportunity to identify weaknesses in the investigation.
The most common charges include possession of a controlled substance, possession with intent to deliver, drug trafficking, and possession of drug paraphernalia. Illinois drug laws impose severe penalties that escalate based on the type and quantity of the substance involved. Our drug crime defense attorneys handle the full range of these charges in both state and federal court.
Illinois legalized recreational cannabis for adults 21 and older in 2020. However, possession beyond the permitted amounts, possession by minors, and distribution outside licensed channels remain criminal offenses. Federal law still classifies marijuana as a Schedule I controlled substance, meaning federal charges remain possible in certain circumstances.
Yes. Many drug cases turn on whether law enforcement conducted a lawful stop, search, or seizure. If evidence was obtained in violation of your Fourth Amendment rights, a motion to suppress may result in that evidence being excluded — which can significantly weaken or end the government’s case.
Under 18 U.S.C. § 1344, bank fraud involves knowingly executing or attempting to execute a scheme to defraud a federally insured financial institution or to obtain money or property from such an institution through false or fraudulent pretenses. Convictions can result in up to 30 years in federal prison and fines of up to $1,000,000. Learn more about our bank fraud defense practice.
Bank fraud specifically targets financial institutions, while wire fraud involves the use of electronic communications to carry out any fraudulent scheme. The two charges frequently appear together in the same indictment. Both are federal felonies with overlapping elements, and prosecutors often charge defendants with multiple counts to maximize sentencing exposure.
Yes. Federal bank fraud law covers both completed schemes and attempts. The government does not need to prove that the institution actually suffered a financial loss — only that the defendant knowingly executed or attempted to execute a fraudulent scheme.
A direct appeal must typically be filed within 14 days of the entry of judgment in a federal case. An appeal is not a new trial — it is a review of the lower court record for legal errors that affected the outcome. Grounds for appeal can include improper evidentiary rulings, constitutional violations, incorrect jury instructions, and sentencing errors. Contact our appellate representation team as soon as possible after a conviction.
A motion under 28 U.S.C. § 2255 allows a federal prisoner to challenge a conviction or sentence on constitutional grounds after a direct appeal has been exhausted. Common grounds include ineffective assistance of trial counsel, prosecutorial misconduct, and newly discovered evidence. These motions have strict filing deadlines and limitations on successive filings.
A direct appeal challenges the conviction based on errors that occurred during the trial or pre-trial proceedings. A collateral appeal — such as a habeas corpus petition or a § 2255 motion — raises constitutional claims that may not have been available on direct appeal, including claims of ineffective assistance of counsel or newly discovered evidence.
Contact a federal criminal defense attorney immediately. A grand jury subpoena — whether for documents or testimony — means federal investigators have identified you as a potential witness or target. How you respond can have significant consequences. An attorney can advise you on what to produce, assert applicable privileges, and protect your rights throughout the process.
A target is someone the government believes committed a crime and is building a case against. A subject is someone whose conduct is within the scope of the investigation but who has not yet been designated a target. A witness is someone who has information relevant to the investigation but is not currently under scrutiny. These designations can change, which is why retaining counsel early is critical regardless of how you have been characterized.
Yes. You have the right to refuse to answer questions before a grand jury if your answers could incriminate you. However, the government can offer immunity in exchange for testimony, which removes the Fifth Amendment protection. Navigating these issues requires experienced federal defense counsel.
In a criminal prosecution, the government brings charges and the burden of proof is beyond a reasonable doubt. In civil litigation, a private party or government agency brings a claim and the burden of proof is the lower preponderance of the evidence standard. Civil cases can result in monetary judgments, injunctions, or other equitable relief — not imprisonment.
Parallel civil and criminal proceedings are among the most complex situations a defendant can face. Decisions made in the civil case — what to say in a deposition, what documents to produce — can directly affect the criminal matter. Glozman Law has experience managing both tracks simultaneously and coordinating strategy to protect clients across both proceedings.
The Securities and Exchange Commission has broad authority to investigate potential violations of federal securities laws. An SEC investigation can begin with an informal inquiry or a formal order of investigation accompanied by subpoenas. Ignoring or mishandling an SEC investigation can lead to civil enforcement actions or criminal referrals to the DOJ. Retaining counsel immediately upon receiving any SEC inquiry is essential.
In Illinois, misdemeanors are less serious offenses generally punishable by up to one year in county jail. Felonies are more serious offenses classified into classes — Class 4 through Class X — with prison sentences ranging from one year to natural life. The classification determines both the potential sentence and the long-term collateral consequences of a conviction. Our state felony defense attorneys handle matters across the full spectrum.
Most felony convictions in Illinois cannot be expunged, though some may be eligible for sealing depending on the offense and the time elapsed since the conviction. Misdemeanor convictions have broader eligibility for expungement or sealing. An attorney can evaluate your specific record and advise on available relief.
Invoke your right to remain silent and immediately request an attorney. Do not answer questions from law enforcement without counsel present. The statements you make at the time of arrest are admissible and frequently used against defendants at trial. Contact a criminal defense attorney as soon as possible.
White-collar crimes are non-violent offenses involving deceit, concealment, or abuse of trust committed for financial gain. Common examples include fraud, embezzlement, bribery, money laundering, insider trading, and public corruption. These offenses are prosecuted at both the state and federal level and often carry substantial prison sentences despite their non-violent nature.
Both. Many white-collar offenses — particularly those involving interstate commerce, federal programs, or federally insured institutions — are prosecuted under federal law. Others are handled at the state level. It is also common for defendants to face simultaneous state and federal charges, as well as parallel civil enforcement actions by regulatory agencies.
White-collar cases typically involve voluminous financial records, complex legal theories, forensic accounting, and expert witnesses. The investigation phase is often as important as the trial — and far more consequential. Many white-collar defendants first learn they are under investigation through a subpoena or a contact from federal agents, not an arrest. Retaining experienced defense counsel at that stage — rather than after charges are filed — is often the most important decision a defendant can make.
A violent crime becomes a federal offense when it occurs on federal property, crosses state lines, involves a federal officer, or falls under a specific federal statute such as the Hobbs Act or RICO. Federal violent crime charges typically carry longer sentences and are prosecuted by experienced U.S. attorneys backed by elite investigative agencies. Learn more about our federal violent crimes defense.
The Hobbs Act criminalizes robbery or extortion that affects interstate commerce. It is frequently used to elevate what would otherwise be a state robbery case to federal court, significantly increasing the potential sentence. Federal prosecutors use it broadly and aggressively, particularly in cases involving businesses or organized criminal activity.
Mandatory minimums vary by offense. Using or carrying a firearm during a crime of violence under 18 U.S.C. § 924(c) carries a mandatory consecutive sentence of at least five years — meaning it is served in addition to any other sentence. Kidnapping, murder, and certain RICO offenses can carry mandatory life sentences. These penalties make early and experienced legal representation critical.
Have you been charged with a federal crime? Federal prosecutors have vast resources and will stop at nothing to convict you. The Chicago federal criminal attorneys at the Law Offices of Vadim A. Glozman can assist if you face federal charges. Contact our Illinois federal criminal attorneys today at 312.726.9015 for a free consultation about your criminal case.