Federal Crimes: Why You Need to Contact a Federal Criminal Defense Attorney

Facing a federal felony charge is a serious matter that can lead to severe consequences. Federal charges are prosecuted by the U.S. government and can carry harsher penalties than state-level offenses. If you’re facing a federal felony, understanding the process and having a skilled attorney by your side is crucial to your defense.

Nick Mote has over a decade of federal criminal experience. He has litigated cases involving terrorism, attempted murder of a federal official, controlled export violations, cybercrime, narcotics, firearms, child exploitation, and embezzlement. Contact Mote Law today to bring experience to your case.

Federal courts operate under different laws, procedures, and sentencing guidelines than state courts, making federal cases more complex—having an attorney with specific federal court experience is essential to protect your rights and build the strongest defense.

What is a Federal Felony?

A federal felony is a serious criminal offense that violates federal laws, such as drug trafficking, bank fraud, embezzlement, or violent crimes like kidnapping. These cases are prosecuted in federal courts and are typically investigated by powerful agencies like the FBI, DEA, Secret Service, the IRS, or Homeland Security.

Three Major Differences Between Federal and State Prosecutions

Federal felony trials differ significantly from state-level cases in three key ways:

1. Higher Penalties: Federal sentences tend to be harsher, with longer prison terms and higher fines. There is no parole in the federal system. Certain federal crimes also carry mandatory minimum sentences.

2. Investigations and Evidence: Federal investigations often involve more resources, including wiretaps, surveillance, and extensive evidence collection. This can make federal cases more complex and challenging to defend against.

3. Sentencing Guidelines: Federal sentencing is governed by sentencing guidelines, which means that if you are convicted, your sentence may be strongly influenced by a set of factors such as prior convictions, the nature of the crime, and whether you cooperated with authorities.

The Federal Trial Process

1. Investigation and Arrest: Federal investigations can take months or even years. If you are arrested, the first step is an initial court appearance, followed shortly thereafter with a detention hearing and potentially a preliminary hearing if you are charged via a criminal complaint (instead of a grand jury indictment). Here, you want a strong litigator with federal court experience to advocate for your release pending trial.

   
   

2. Pre-Trial Motions and Hearings: Before the trial, it is important to work with a competent and experienced litigator to determine what motions are necessary in your case. Failing to file the appropriate motions often leads to waiver or forfeiture of those issues on appeal. Some common motions in federal court are to motions to suppress evidence, challenge the sufficiency of the charges, and motions regarding expert testimony. This stage can be crucial in shaping the outcome of your case. You want an attorney who is experienced in federal criminal litigation on your side—someone who has litigated these very motions in complex felony cases.

   
   

3. The Trial / Negotiations: It is not appropriate to accept a plea from the United States until an attorney has reviewed the facts of your case. If you do not enter a plea, you have the right to a trial by jury. During trial, the prosecution must prove your guilt beyond a reasonable doubt—the highest standard under the law—and you need someone representing you who knows how federal prosecutors fight. Through cross examination, the presentation of evidence, and compelling arguments, Mote Law will ensure that your rights are protected and give you a chance at the best possible outcome for your case.

   
   

   While you always have a right to go to trial, sometimes in federal cases, it is better to negotiate with the United States Attorney’s Office and try to come to a reasonable solution that minimizes your exposure to incarceration. Mote Law has experience in these negotiations and will provide you with no-nonsense advice on what is the most advisable approach to your case. 

   
   

4. Sentencing: If you happen to be convicted, sentencing will follow. Federal judges are influenced heavily by the federal sentencing guidelines. However, your defense attorney will have an opportunity to present relevant evidence about why a lengthy term of incarceration is not necessary in your case. You need someone who has experience in federal sentencing matters and can help you collect the information that will best support a request for no prison time or reduced prison time. 

   
   

5. Appeal: If you happen to be convicted, you may have a chance to appeal to the Federal Circuit Court. In Georgia Federal Courts, appeals are heard by the 11th Circuit Court of Appeals. If the District Court made an incorrect decision that negatively affected your rights, or the government acted improperly, you may have a chance to overturn your conviction on appeal. There is a limited window for filing a notice of your intent to appeal a conviction, so you need to contact an attorney as soon as possible if you want to challenge your conviction. Mote Law has years of experience in federal criminal appeals.

   
   

What to do if you are charged by the feds? Contact a Federal Criminal Defense Attorney with experience.

Federal felony trials are complex, and without the right legal representation, you risk facing severe penalties. Mote Law is a federal criminal defense attorney who specializes in defending clients against federal charges. Nick will guide you through each step of the process, challenge evidence where appropriate, and work tirelessly to secure the best possible outcome.

If you’re facing federal felony charges, don’t wait—contact Mote Law today for a consultation. We’ll fight to protect your rights and your future.

The information provided in this blog post by Mote Law, LLC is for general informational purposes only at the time of drafting. It does not constitute legal advice, nor should it be relied upon as such. Laws may change over time, and the facts of your situation may differ from those discussed here. No attorney-client relationship is created by accessing or reading this content. An attorney-client relationship with Mote Law, LLC is established only through a formal, written agreement to represent you. For legal advice specific to your circumstances, please contact Mote Law, LLC directly.