Beaumont Federal Criminal Defense Lawyer

Beaumont Federal Criminal Defense Attorney

Being charged with a federal crime can feel earth-shattering. While there can be some similarities between federal and state crimes, federal crimes hold their own distinctions and can come with their own set of penalties. If you have been charged with a federal crime or are under investigation, a Beaumont federal criminal defense lawyer can help you understand your rights and prepare a strong case for you.

Why Choose Us?

The Law Offices of Richard Kuniansky has been representing clients for over 40 years. We know how much a federal arrest or investigation can affect your life. We understand that each case is different, and we will meticulously examine the details of your unique case to prepare a tailor-made defense on your behalf. A strong defense is the first step in feeling confident about the outcome of your case.

We will advocate for your rights as well as provide you with the skilled legal counsel you need. We strive for the most favorable results for your case and ensure that you have a fair trial.

Defining a Federal Crime

Federal crimes are crimes that violate national laws. Some federal crimes are also illegal within individual states, but national crimes may have other conditions that elevate the infraction to a federal crime.

Federal crimes are generally investigated by a federal agency, such as the DEA (Drug Enforcement Administration), ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives), and FBI (Federal Bureau of Investigation), and they are prosecuted in federal court. In federal cases, investigation can include wiretapping and undercover operations.

In some circumstances, an offense may violate both federal and state laws. When this happens, federal and state authorities can work together to investigate and/or prosecute the case, depending on the circumstances surrounding it.

Types of Federal Crimes

Federal crimes cover a range of offenses over multiple different areas of the law. Some of these include.

• Fraud: Fraud is deliberate and intentional deception by a person or group with the intent to gain something from or harm another person or party. Fraud can take various forms, but it usually results in financial or legal harm for the victim.Some types of fraud include financial fraud (such as pyramid or Ponzi schemes), identity theft (using someone’s information without their consent, such as their social security number, and typically making unauthorized purchases or accounts), insurance fraud (such as lying about the value of a stolen item to obtain benefits), and tax fraud (dishonesty on tax returns to obtain additional benefits or avoid making payment).
• Embezzlement: Embezzlement happens when one party entrusts another party with their funds, and they misappropriate the funds for their own personal gain. This is different from theft, where the person takes items or money without permission. Embezzlement includes a breach of trust by someone who was allowed access to their property.
• Insider Trading: In insider trading, a person or group has access to confidential information related to a business and uses that information to make investment decisions regarding that business. This is unethical, as these choices hinge on information that is not available to the general public and gives them an unfair advantage in investing.
• RICO Violations: RICO (Racketeer Influenced and Corrupt Organizations) violations are offenses that involve a pattern of illegal activity. It covers a range of criminal enterprises. To establish this, there must be a pattern of illegal activity. The offenses can include drugs, extortion, fraud, or illegal gambling, among others.
• Forgery: When someone commits forgery, they have falsified a document or signature. Typically, this is for financial gain, but it can occur for other reasons. Some typical documents that are forged include checks, contracts, and financial documents.
• Money Laundering: Money laundering includes concealing the source of funds. It is usually done through an intricate process of passing money through numerous sources, and it can typically begin from illegal means and be paired with other legitimate means.Money laundering may look like this: A person is involved in the drug trade but buys a legitimate business, such as a restaurant. They take the drug money and place it with the restaurant profits. There are usually layering steps in between to obscure the trail of funds, such as wire transfers and buying and selling assets.

Penalties for Federal Crimes

Like state-level crimes, federal crimes come with their own penalties, which vary based on the circumstances surrounding the case. Some aspects that affect the penalties include the defendant’s criminal history and the severity of the offense. Some of the potential penalties include:

• Imprisonment: If someone is convicted of a federal crime, they could potentially face incarceration in a federal prison. The length of the imprisonment ranges based on the severity of the case. Some crimes have minimum sentences, which would require a judge to impose at least the minimum amount of prison time if the defendant is convicted.
• Fines: If someone is ordered to pay fines, the amount can be significant, especially for cases that involve financial fraud or federal violations. Fines are typically imposed in addition to other criminal penalties.
• Restitution: If the defendant’s actions resulted in damages to another person, they may be ordered to pay restitution to the victims to compensate for their losses. Generally speaking, restitution is ordered to restore the victim to a place where they were before the offense occurred.
• Probation: A defendant may be granted probation as an alternative to incarceration. In this case, they will have to follow certain requirements, such as submitting to frequent drug testing and regular check-ins with a probation officer.

What You Should Do If You’re Arrested

If you’re arrested for a federal crime in Beaumont, it’s important to follow a certain process to aid your case in the future. First, you will want to remain calm. While remaining calm, also be cooperative. Do not resist arrest or argue with law enforcement. You can cooperate with instructions while still exercising your rights. The time to determine if your rights have been violated is not during the arrest but later when consulting with an attorney.

You have a right to remain silent after you are arrested. You can clearly state to law enforcement that you wish to invoke this right and that you wish to speak with an attorney before you answer any of their questions. Consult with your attorney before making any confessions or official statements. You have a right to contact an attorney or have one provided to you.

You also have a right to refuse to consent to searches without a warrant. Searches include law enforcement sifting through your person, belongings, or home. Unless your attorney advises you to waive it, you are recommended to exercise this right. Any evidence found during an unconstitutional search likely cannot be used in the case against you.

Overall, you want to make sure that while you exercise your rights, you follow all legal procedures. Show up to all court appearances. Comply with the requirements of your release and bail. Follow any other conditions set by the court to avoid additional charges or having your bail revoked.

Criminal Law FAQs

Q: What Should I Do if I Can’t Afford an Attorney?

A: If you cannot afford an attorney, you have the right to have one appointed to represent you at no cost. You can request a court-appointed attorney at your arraignment or initial court appearance. The typical federal criminal process includes arraignment, pretrial proceedings, plea negotiations, trial, and sentencing.

Q: How Can a Federal Criminal Defense Attorney Help Me?

A: A federal criminal defense attorney provides legal counsel, representation, and advocacy throughout your case. They can investigate the facts of your case, develop a strong defense strategy, negotiate with prosecutors, and represent you in court. They will also inform you of your rights and ensure you understand the charges against you.

Q: What Should I Expect During the Federal Criminal Process?

A: The federal criminal process typically involves several stages, including arraignment, pretrial, negotiations, trial, and sentencing if you are convicted or plead guilty. During arraignment, you are informed of the charges against you and asked to enter a plea. Plea negotiations may occur between your attorney and prosecutors to resolve the case without going to trial. If the case goes to trial, your attorney will be able to present evidence, cross-examine witnesses, and make legal arguments.

Q: Can I Appeal a Federal Criminal Conviction?

A: You can appeal a federal criminal conviction if you believe there were errors or other legal issues that contributed to the outcome of your case. With an appeal, you request a higher court to review the court’s decision for legal errors or issues that may have infringed upon your rights. Appellate attorneys focus on handling appeals and can identify grounds for appeal, prepare appellate briefs, and represent you in appellate court proceedings.

Contact a Skilled Federal Criminal Defense Attorney Today

Federal cases require specific knowledge and a unique skill set. It is imperative that a defendant has a qualified attorney on their side who is knowledgeable on federal law. At The Law Offices of Richard Kuniansky, we can provide legal counsel to help you through every stage of your case. We can explain the charges against you as well as your rights while providing you with the available options.

We are ready to walk you through the case. If you have been charged with a federal crime, or if you are under investigation, contact The Law Offices of Richard Kuniansky to begin speaking with someone today.