Federal Criminal Defense Lawyers

Skilled representation for defendants charged with federal crimes

There are many differences between trying criminal cases in Michigan’s state courts and in federal courts. Our seasoned defense lawyers understand these differences. At the Law Office of Steve A. Mamat, we have the skills and experience to handle cases in Detroit’s county courts (the state courts) and the US District Court for the Eastern District of Michigan (the federal court that includes Detroit).

Some of the many differences between criminal cases in federal court and state court are the following:

Different crimes

Federal courts handle cases that are based on violations of US federal laws while Michigan/Detroit courts hear cases based on violations of Michigan’s criminal code. Federal crimes generally involve crimes that occur on federal property (such as government buildings, federal parks, and other federal locations) or involve crimes that cross state lines.

Crimes may cross state lines if the people involved in the crime live in different states or move from one state to another state. Crimes that involve goods or money that cross state lines such as crimes involving the distribution of drugs into or out of Michigan or transfers of funds into or out of Michigan can result in federal criminal charges. Offenses that involve the Internet can also result in federal criminal charges.

Common federal crimes involve drug trafficking, immigration crimes, organized crimes, RICO charges, white-collar crimes, computer crimes, and weapons charges.

Different courthouses

The US District Court for the Eastern District of Michigan is in a different location than the state courts. The judges chosen to serve as federal judges are generally chosen from Wayne County (Detroit is the seat of government for Wayne County) and the surrounding suburbs while the judges for state court cases generally live in Wayne County.

The jurors who are selected for federal court cases also come from a wider geographical circle than the jurors for Wayne County and Detroit cases. Likewise, the prosecutors for federal cases are chosen from a wider geographical area. The prosecutors in federal court are called US Attorneys. Generally, the United States Attorney General has oversight over all US Attorneys.

This selection process can affect different parts of your case. Federal judges and federal prosecutors generally have more experience than state court judges. Juries in federal court cases generally are more conservative than jurors who just reside in Wayne County.

Different rules of criminal procedure

The rules for filing criminal charges, arraignments, hearings, motions, trials, and appeals are different for federal court cases than state court cases. While there are many similarities, understanding the differences can be critical to successful defenses and successful plea bargains.

Different rules of evidence

There are also different rules of evidence in federal cases than in state cases. In many criminal cases, a key aim of your defense lawyer is to exclude as much evidence that the prosecution has as is possible. Understanding, for example, when hearsay evidence can and cannot be introduced can mean the difference between a conviction and an acquittal. Our Detroit federal criminal defense lawyers understand these critical differences.

Different sentencing guidelines

Michigan has its own set of sentencing guidelines. Federal courts have their own set of guidelines. These guidelines consider different factors such as the length of imprisonment for specific crimes, any mitigating or aggravating circumstances, how prior offenses will affect the amount of any sentence, sentencing maximums, and many other factors. Generally, the sentences for federal crimes are longer than they are for state crimes.

At the Law Office of Steven A. Mamat, our primary aim is to obtain dismissals of the charges before trial and jury acquittals. We review in detail all aspects of the federal/state sentencing guidelines when we negotiate plea bargains and if you are convicted of a federal or state crime. We prepare each issue in your favor to help convince the sentencing judge to impose as minimal a sentence as possible.

A major difference between federal and state criminal charges is where convicted defendants serve their sentences. Convictions for federal crimes are served in federal prisons. Convictions for state crimes are generally served either in county courts or state courts. Generally, federal prisoners house white-collar criminals while state prisons and jails house more people convicted of violent crimes.

The probation and parole considerations also differ in federal courts than in state courts. Parole is generally used after a defendant has served part of his/her sentence. Probation is generally used as an alternative to incarceration.

Other federal defense issues?

One question of many that our lawyers review is whether a defendant can be charged with both a federal crime and also a state crime. In some cases, the answer is yes. A related question is whether the US Constitution’s protection against double jeopardy applies if a defendant is convicted in one court and then the prosecutors in the other court want to try the defendant.

Our Detroit federal criminal defense lawyers understand what factors judges take into consideration in order to resolve the issue of concurrent offenses and double jeopardy – between federal and state courts.

Do you have a federal defense lawyer near me?

Our office is located at 2111 Woodward Ave, Detroit, MI 48201. We also represent clients in Macomb, Oakland, Kent, and Genesee Counties. We meet clients who are in federal prisons when necessary.

Contact an experienced Detroit federal criminal defense lawyer now

At the Law Office of Steven A. Mamat, our criminal defense lawyers understand the unique challenges of defending cases in federal court. We understand the federal laws, processes, rules, and the community of people that are involved in federal cases. Call us today or use our contact form to schedule a consultation.