Answering Frequently Asked Questions About Federal Crimes

The first step in mitigating your situation is learning more. Explore our FAQs for more insight into federal crimes and then call our firm, Omega Law PLLC, at 859-905-0814 or email us to schedule a confidential consultation

What is the difference between state and federal crimes?

Federal crimes are offenses against the nation and are prosecuted in federal courts.  Examples include drug offenses, counterfeiting, bomb threats, firearms offenses, money laundering, bank robbery, immigration offenses, and fraud.

By contrast, state crimes (e.g., robbery, assault, etc.) breach local laws and are tried in state courts. Each jurisdiction enforces its own laws and penalties.

 Typically, penalties for federal crimes are much more severe, and there is no parole in the federal system.  For many offenses, there is a mandatory minimum prison term that must be imposed if a person is convicted or pleads guilty, and those terms are often ten years or more.  

Sentences for federal crimes are also accompanied by a period of supervised release, meaning a person who completes his or her sentence is supervised by a federal probation officer for a period of years.  If the person violates the conditions of supervised release, he or she can be sent back to federal prison and then placed on a new period of supervised release after completing that term of incarceration. 

What should I do after an arrest for a federal crime?

Exercise your constitutional right to remain silent, and request a lawyer by stating, “I want a lawyer.”  Saying things like “I think I want a lawyer” or “Maybe I should talk to a lawyer” are not sufficient to invoke your rights. You must clearly state to law enforcement, “I want a lawyer,” and refuse to answer any questions.  If you speak to law enforcement without a lawyer present, anything you say can and will be used against you.

Remember, you have no legal obligation to answer questions and should not do so without representation.

How could a federal criminal defense lawyer help?

Hands-on familiarity with the federal justice system can turn the tide in a federal case. The Omega Law PLLC defense team has this experience, and we will also:

• Analyze the charges and evidence for weaknesses to exploit
• Ensure your legal rights are not violated
• Seek suppression of all evidence that was not constitutionally obtained
• Develop a customized and strategic defense
• Negotiate with the prosecution, when necessary, for favorable plea agreements
• Try the case, if necessary

Our attorneys will relentlessly advocate for you in all proceedings, including pretrial hearings, trials and appeals, to obtain the best possible outcome for your case.

Are there any alternatives to trial or imprisonment in federal cases?

A plea bargain could result in reduced charges or penalties. Serving probation rather than imprisonment may also be an option, depending on the severity of the charge and your criminal history.

Your Omega Law attorney can explain all alternatives, help you negotiate, and ensure any proposed deals represent your best interests.

What should I do if I am under investigation for a federal crime?

If you suspect or know you are under federal investigation, contact one of the attorneys at Omega Law immediately, even before charges are filed. Federal investigations can last months or years, and early legal intervention may prevent charges from being filed altogether. Your attorney can communicate with federal agents on your behalf, protect your rights during the investigation process, and help you understand the scope of the inquiry. Never speak to investigators without your lawyer present, as statements made during investigations will be used against you later.

What rights do I have if I am contacted by the FBI or federal agents?

You have several important constitutional rights when contacted by federal agents:

• The right to remain silent and refuse to answer any questions
• The right to have an attorney present during any questioning
• The right to request that all future contact go through your legal counsel

Federal agents are not required to inform you that you are a target of an investigation. However, you should never speak to law enforcement officers without legal representation, regardless of whether they claim you are just a witness.

Can I get my federal conviction expunged?

Federal convictions cannot be expunged or sealed like state convictions. However, you may be eligible for other forms of relief, such as a presidential pardon or commutation. A presidential pardon can restore certain rights and remove the stigma associated with a federal conviction, though the conviction remains on your record. Your attorney can evaluate whether any of these options apply to your specific situation.

If I am convicted of a federal felony, can I own a firearm?

Under federal law, a felony conviction results in the loss of the right to possess a firearm or ammunition. This means that if you have a felony conviction under either state or federal law, you cannot even touch a gun or ammunition, let alone own these items. At this time, there is no way to restore your right to bear arms once you have been convicted of a felony.  Possession of a firearm by a convicted felon is, in and of itself, a felony under federal law and carries a maximum sentence of 15 years in federal prison.

Experience Counts – So Put Our Attorneys In Your Corner

Call Call for immediate help from a skilled attorney with experience handling federal cases in Indiana and Kentucky. An outcome you and your family can live with is within your reach. You can also reach out to us online.