Federal Criminal Defense Lawyer Tampa, FL
A federal crime charge feels heavy—and that’s because it is. Many federal charges carry steep penalties, like decades in federal prison without the possibility of parole and expensive fines or forfeiture of assets. The U.S. attorney’s office has extensive resources and funds to pursue these charges and the backing of the U.S. government.
How can one person fight back against all of this? With the help of a skilled Tampa, FL, federal criminal defense lawyer. At Stechschulte Nell, we level the playing field for our clients charged with federal crimes. Our founding attorney is a former prosecutor who understands how the other side operates. Our legal team has the tenacity, experience, and resources to mount a vigorous defense on your behalf, and we know how much is on the line for you.
All federal charges are felonies, which means that your entire life and future are in jeopardy. Trust our attorneys to fight on your behalf and assert your rights. Call today for a consultation.
What Does A Federal Criminal Defense Lawyer Do?
The rules of evidence and other court procedures differ slightly between federal and state courts, so your federal defense attorney should understand the differences in court protocol and how to file motions and introduce evidence. In addition, the laws governing federal crimes may be written differently (and interpreted differently by judges) than state laws. Federal investigators also have different rules of operation than Florida police departments. All of this means that you need a lawyer with experience defending clients against federal charges.
Our firm handles a variety of federal charges, including, but not limited to:
- Financial, or “white collar” crimes like embezzlement, fraud, Medicaid fraud, and mail and wire fraud
- Sex crimes, including internet pornography charges and allegations involving child sexual abuse material (CSAM, or “child pornography”)
- Gun, weapons, and firearms charges
- Drug crimes, including trafficking and distribution
We can also protect you in an extradition case, whether you’re facing an international extradition or state-to-state extradition
We develop a robust defense strategy based on the unique nature of your charges. Our attorneys gather evidence to exonerate you and meticulously review the prosecutor’s evidence, which we obtain in discovery. We analyze how the evidence was collected and whether your constitutional rights were violated. We also question the veracity of flimsy evidence that the prosecutor may attempt to use.
Are You Facing Federal Charges?
Most federal charges involve crimes that involve crossing state lines, such as the distribution of pornography or drugs or using the internet or mail services in the commission of the crime. We extensively review the case against you to determine whether it meets the threshold of federal charges and fight to get your charge reduced or dismissed. We may also petition to move the case to state court if we believe we have a stronger chance of a successful outcome in Florida courts.
If you have been charged with a federal crime, you face prison. Don’t risk your future—work with the skilled attorneys from Stechschulte Nell. Call us today to speak with a Tampa federal criminal defense lawyer.
Federal Criminal Defense Lawyer Tampa, FL
A federal crime charge feels heavy – and that’s because it is. Many federal charges carry steep penalties, like decades in federal prison without the possibility of parole and expensive fines or forfeiture of assets. The U.S. attorney’s office has extensive resources and funds to pursue these charges and the backing of the U.S. government.
How can one person fight back against all of this? With the help of a skilled Tampa, FL, federal criminal defense lawyer. Stechschulte Nell levels the playing field for our clients charged with federal crimes. Our founding attorney is a former prosecutor who understands how the other side operates. Our legal team has the tenacity, experience, and resources to mount a vigorous defense on your behalf, and we know how much is on the line for you.
All federal charges are felonies, which means that your entire life and future are in jeopardy. You have to trust an attorney to fight on your behalf and assert your rights. How can we do that?
What Does A Federal Criminal Defense Lawyer Do?
The rules of evidence and other court procedures differ slightly between federal and state courts, so your federal defense attorney should understand the differences in court protocol and how to file motions and introduce evidence.
The laws governing federal crimes may also be written differently (and interpreted differently by judges) than state laws. Federal investigators also have different rules of operation than Florida police departments. All of this means that you need a lawyer with experience defending clients against federal charges.
Our firm handles a variety of federal charges, including, but not limited to:
- Financial, or “white collar” crimes like embezzlement, fraud, Medicaid fraud, and mail and wire fraud
- Sex crimes, including internet pornography charges and allegations involving child sexual abuse material (CSAM, or “child pornography”)
- Gun, weapons, and firearms charges
- Drug crimes, including trafficking and distribution
We can also protect you in an extradition case, whether you’re facing an international extradition or state-to-state extradition.
We develop a strong defense strategy based on the unique nature of your charges. Our attorneys gather evidence to exonerate you and meticulously review the prosecutor’s evidence, which we obtain in discovery. We analyze how the evidence was collected and whether your constitutional rights were violated. We also question the veracity of flimsy evidence that the prosecutor may attempt to use.
The Importance Of Early Legal Representation
One of the key aspects of a successful defense against federal criminal charges is securing legal representation as early as possible. The moment you suspect that you are under investigation or have been contacted by federal authorities, you need to consult an experienced federal criminal defense lawyer.
Federal investigations can last months or even years, and during that time, investigators may be building a case against you. Early intervention by a knowledgeable attorney can make all the difference. They can negotiate with federal investigators, potentially preventing formal charges or securing more favorable terms before an indictment is issued.
Keep in mind that federal criminal cases often involve lengthy pretrial processes, during which the prosecution continues to collect evidence. A seasoned defense attorney will actively engage in these proceedings, challenging evidence, filing motions, and advocating for your rights every step of the way. This pretrial work can significantly impact the eventual outcome of your case, as your lawyer may be able to suppress evidence that was unlawfully obtained or push for a reduced sentence through plea negotiations.
Federal Sentencing Guidelines And Appeals
One of the most daunting aspects of a federal criminal case is the potential sentence. Federal sentencing guidelines are notoriously strict, often leaving little room for leniency. Many offenses carry mandatory minimum sentences, meaning that if you are convicted, the judge has little discretion to reduce your sentence below a certain threshold.
However, an experienced federal defense attorney understands how to work within these guidelines and may be able to secure a downward departure in your sentencing by highlighting mitigating factors or negotiating plea deals that avoid mandatory minimums altogether.
And if you are convicted in federal court, the fight is not necessarily over. There are opportunities for appeal, and your attorney can guide you through the complex federal appeals process. Federal appeals require an attorney with extensive experience and knowledge of appellate law, as they involve challenging legal errors made during the trial, rather than simply arguing that the facts were wrong.
Are You Facing Federal Charges?
Most federal charges involve crimes that cross state lines, like the distribution of pornography or drugs, or the use of the internet or mail services in the commission of the crime. We extensively review the case against you to determine whether it meets the threshold for federal charges and fight to get your charge reduced or dismissed. We may also petition to move the case to state court if we believe we have a stronger chance of a successful outcome in Florida courts.
In some cases, federal charges are stacked, meaning a person may face multiple counts for what seems like a single act. For example, a person charged with a drug offense may also face additional charges related to conspiracy, distribution, or even racketeering. The complexity of federal law means that even a minor error in judgment can result in severe penalties. That’s why having a lawyer with deep knowledge of federal statutes and case law is critical to your defense.
If you have been charged with a federal crime, you face prison. Don’t put yourself at even more of a risk – work with skilled attorneys who deeply understand federal law and can provide the defense you deserve. Reach out to our firm today to speak with a federal criminal defense lawyer in Tampa. We’ll stand by your side and fight for your rights, your freedom, and your future.
How A Federal Criminal Defense Lawyer Can Challenge Evidence In Court
Facing federal criminal charges can be a daunting experience, with the possibility of severe penalties, including lengthy prison sentences and substantial fines. The stakes are high, and the federal government typically has vast resources to build a strong case. However, a crucial part of any criminal defense is challenging the evidence presented by the prosecution. This is where a Tampa, FL federal criminal defense lawyer becomes invaluable. They are trained to meticulously review the evidence and identify weaknesses or violations in how it was collected or presented, which can lead to a reduced sentence or even dismissal of the charges. Here’s how a federal criminal defense lawyer can challenge evidence in court.
1. Investigating The Legality Of The Evidence Collection Process
One of the primary ways a federal criminal defense lawyer can challenge evidence is by scrutinizing how it was obtained. In the U.S., law enforcement must adhere to strict procedures when collecting evidence, including following constitutional protections such as the Fourth Amendment, which protects against unreasonable searches and seizures. If your lawyer discovers that law enforcement violated these rights by conducting an unlawful search or seizure, they may file a motion to suppress the evidence.
For example, if federal agents obtained evidence without a proper warrant, or if they conducted a search outside the scope of the warrant, the evidence could be deemed inadmissible. Suppressing key evidence can significantly weaken the prosecution’s case, often leading to charges being dropped or reduced.
2. Challenging The Chain Of Custody
In federal cases, maintaining a clear and unbroken chain of custody for physical evidence is essential. The chain of custody refers to the documented process that tracks the collection, transfer, and storage of evidence from the moment it is obtained until it is presented in court. A break or inconsistency in this chain can cast doubt on the integrity of the evidence.
A federal criminal defense lawyer will thoroughly investigate whether the evidence was properly handled and preserved. If there are gaps in the chain of custody, or if the evidence was tampered with, altered, or mishandled at any point, your lawyer can argue that the evidence is unreliable and should be excluded from the trial.
3. Questioning The Credibility Of Witnesses And Testimonies
In many federal cases, witness testimony plays a critical role in the prosecution’s case. However, witnesses can be unreliable for various reasons, such as bias, coercion, or faulty memory. A seasoned federal criminal defense lawyer can challenge the credibility of witnesses by cross-examining them during the trial. This involves pointing out inconsistencies in their statements, exposing possible motives for lying, or demonstrating how their testimony conflicts with other evidence.
If the prosecution relies on expert witnesses, your lawyer may question the qualifications and methods used by these experts, potentially undermining their credibility and the weight of their testimony.
Conclusion
Challenging evidence in federal criminal court is a complex process that requires a deep understanding of the law, the rules of evidence, and effective trial strategies. A Tampa federal criminal defense lawyer from Stechschulte Nell can identify weaknesses in the prosecution’s case, challenge the admissibility and credibility of evidence, and fight to protect your rights. This strategic defense approach is essential in navigating the high-stakes environment of federal court and can be the difference between conviction and acquittal.
Tampa Federal Criminal Defense Infographic
Tampa Federal Criminal Defense Statistics
Criminal defense is a vital aspect of the legal system, ensuring that individuals accused of crimes have their rights protected during the legal process. Criminal defense attorneys represent individuals who are accused of criminal activities, defending them against charges ranging from misdemeanors to serious felonies. According to data from the Bureau of Justice Statistics (BJS) and the National Association of Criminal Defense Lawyers (NACDL), criminal defense plays a critical role in ensuring fairness in the justice system.
Key Statistics
- Prevalence of Criminal Cases: The Bureau of Justice Statistics (BJS) reports that over 10 million arrests are made annually in the United States. This includes arrests for various crimes such as drug offenses, property crimes, violent crimes, and white-collar crimes. The majority of criminal cases are handled at the state and local level, with only a small percentage being federal cases.
- Defense and Prosecution: In criminal trials, over 90% of cases are resolved through plea bargains, rather than going to trial. This means that most criminal cases are settled out of court, with the defense negotiating a plea agreement with the prosecution. Only about 5-10% of criminal cases actually reach a trial, where the defense plays a crucial role in challenging the prosecution’s evidence and presenting a case for the defendant’s innocence or a lesser offense.
- Public Defenders: A significant portion of criminal defendants cannot afford private attorneys, leading to a reliance on public defenders. In fact, approximately 80% of criminal defendants in the U.S. are represented by public defenders, who often handle heavy caseloads and face limited resources.
- Conviction Rates: According to various studies, about 90-95% of criminal defendants who are represented by legal counsel (either public defenders or private attorneys) are convicted in state courts, though convictions are often reduced through plea bargaining or other negotiations.
The following charts illustrate key trends:
Questions To Ask Your Lawyer At Your First Meeting
Our Tampa, FL federal criminal defense lawyer knows that meeting with a lawyer for the first time about federal criminal charges can be intimidating. This is a critical step in understanding your situation and starting to build your defense. To get the most out of this meeting, it’s important to ask the right questions. At Stechschulte Nell, we believe in keeping our clients informed so they can feel confident about the process ahead. Attorney Ben received the Clients’ Choice Award in 2018 for his compassionate treatment of each client and our firm is ready to help you.
What Are The Potential Consequences Of The Charges I’m Facing?
One of the first things you’ll want to know is the seriousness of the charges and what penalties you could face if convicted. Federal crimes often carry significant fines, lengthy prison sentences, or both. Your attorney will explain the specific charges, the potential sentencing guidelines, and any aggravating or mitigating factors that might influence your case. This will help you understand the stakes and what’s at risk.
How Will You Approach My Defense?
It’s important to ask your lawyer about their strategy for handling your case. While the specifics may depend on the details of the charges and available evidence, your attorney should outline possible defenses and their approach to challenging the prosecution’s case. This might include negotiating with prosecutors, filing motions to suppress evidence, or preparing for trial.
What Should I Avoid Doing Or Saying During The Case?
Your Tampa federal criminal defense lawyer can help you understand actions that could harm your case. This includes speaking with investigators, discussing the charges with others, or using social media. Federal cases often involve close scrutiny, so knowing what to avoid can prevent unnecessary complications. Your attorney will also explain how to handle any interactions with law enforcement or prosecutors.
How Long Will This Process Take?
Federal cases can take months or even years to resolve. While it’s impossible to predict exact timelines, your lawyer can give you a general idea of what to expect at each stage of the process, from initial hearings to trial, if necessary. Understanding the timeline helps you prepare for the road ahead and manage your expectations.
What Can I Do To Assist In My Defense?
Clients often play an important role in their own defense. Your lawyer may ask you to provide documents, gather contact information for potential witnesses, or share any relevant details about the events leading to the charges. Being cooperative and proactive can strengthen your defense and help your attorney build the best possible case.
Meeting with a lawyer for federal criminal charges is a critical first step. By asking the right questions, you’ll better understand your case, your options, and the path forward. At Stechschulte Nell, we’re committed to working closely with our clients to develop a defense tailored to their unique circumstances. Attorney Ben has been awarded the Top-Rated Lawyer in 2020 and knows how to help with your case. For help, call our federal criminal defense lawyer in Tampa today.
Tampa Federal Criminal Defense Glossary
Facing federal criminal charges in Tampa, FL, is a serious matter that can impact every aspect of your life. At Stechschulte Nell, we focus on delivering a robust defense for our clients, using our extensive knowledge of federal law and courtroom procedures. Led by board-certified attorney Ben Stechschulte, our team combines decades of experience and a relentless commitment to our clients’ rights. To help you better understand federal criminal cases, we’ve compiled definitions of key terms and processes frequently encountered.
Indictment
An indictment is a formal document issued by a grand jury that officially charges an individual with a federal crime. It signifies that the grand jury has found sufficient evidence to proceed with prosecution. Indictments are common in federal cases, as the government must prove probable cause before moving forward. For example, someone accused of mail fraud in a multi-state operation might be indicted after investigators present evidence of fraudulent activities. An indictment does not prove guilt—it is simply a starting point for the case. At Stechschulte Nell, we critically evaluate indictments, looking for gaps in the evidence or procedural errors to strengthen your defense.
Federal Sentencing Guidelines
Federal sentencing guidelines provide judges with a framework to determine sentences for those convicted of federal crimes. These guidelines consider the nature of the offense, the defendant’s criminal history, and other relevant factors. For instance, a conviction for drug trafficking involving large quantities may carry a mandatory minimum sentence under these guidelines. While judges are not strictly bound by these rules, they often use them as a baseline. Our legal team works to identify mitigating factors that can reduce your sentence, such as your role in the crime, cooperation with investigators, or lack of prior offenses.
Discovery Process
The discovery process is a critical phase of any federal criminal case. During this stage, the prosecution is required to share evidence with the defense, including witness lists, documents, and other relevant materials. For example, in a federal embezzlement case, the discovery might include bank records, emails, and audit reports. This process is essential for building a defense strategy. At Stechschulte Nell, we meticulously review every piece of evidence disclosed during discovery, often uncovering procedural violations or inconsistencies that can be used to challenge the prosecution’s case. Our goal is to find weaknesses in the evidence and leverage them to our client’s advantage.
Motion To Dismiss
A motion to dismiss is a legal filing that requests the court to terminate a case before it proceeds to trial. There are many grounds for filing such a motion, including lack of evidence, improper jurisdiction, or constitutional violations during the investigation. For instance, in a case involving illegal search and seizure of a client’s property, we may argue that the evidence collected should be excluded, resulting in the dismissal of the case. Successfully filing a motion to dismiss can prevent a lengthy trial and protect clients from the risks of conviction and sentencing. At Stechschulte Nell, we thoroughly evaluate all available options to file pre-trial motions that could benefit your case.
Plea Agreement
A plea agreement is a negotiated resolution in which the defendant agrees to plead guilty to certain charges in exchange for concessions from the prosecution. These concessions often include reduced charges or lighter sentencing recommendations. For example, a defendant facing multiple counts of fraud might agree to plead guilty to one count to avoid the risk of more severe penalties at trial. While plea agreements can help resolve cases efficiently, they must be approached with caution. Our team ensures that any agreement is thoroughly analyzed, weighing the potential benefits and drawbacks to determine if it aligns with your best interests.
Chain Of Custody
Chain of custody refers to the documentation and handling of evidence from the time it is collected until it is presented in court. It ensures that the evidence has not been tampered with, altered, or mishandled. Any break or inconsistency in the chain of custody can render evidence unreliable and inadmissible. For example, in a firearms possession case, the prosecution must prove that the weapon presented in court is the same one allegedly seized from the defendant. At Stechschulte Nell, we closely examine the chain of custody for all evidence, looking for opportunities to challenge its validity and weaken the prosecution’s case.
Federal Appeals Process
Even after a conviction, the federal criminal process may not be over. The appeals process provides an opportunity to challenge legal errors made during the trial, such as improper jury instructions, evidentiary rulings, or procedural violations. Unlike a trial, an appeal focuses on the application of the law rather than the facts of the case. For example, if a defendant’s rights were violated during their arrest or if evidence was admitted improperly, an appeal could result in the reversal of a conviction or a new trial. At Stechschulte Nell, we have experience navigating federal appeals and advocating for clients even after a trial has concluded.
Federal criminal charges demand immediate attention and a thorough legal defense to protect your rights and future. From indictments to sentencing and appeals, each step in the process is critical. At Stechschulte Nell, we utilize every tool available to build a strong case for our clients, challenge the government’s evidence, and seek the best possible outcome.