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Federal Criminal Process
Federal Criminal Process
If you’re on our website, it’s because you’re dealing with a serious federal investigation—or already charged. At Spodek Law Group, we understand how frightening that is. Our goal is to get you the best possible outcome and help you move forward with your life. We have over 50 years of combined experience and have handled cases nationwide, coast to coast. Our law firm prides itself on delivering high-quality legal representation and rock star customer service.
Why Federal Charges Are Different
Federal crimes involve powerful agencies like the FBI, DEA, IRS, and others. They have massive resources and follow the Federal Rules of Criminal Procedure. Unlike state-level cases, federal charges come with strict sentencing guidelines, set forth by the U.S. Sentencing Commission. Once you’re under federal scrutiny, you need an attorney who knows how federal prosecutors think and who can argue strongly on your behalf.
We see clients face:
- Bank Fraud (18 U.S.C. § 1344)
- Wire Fraud (18 U.S.C. § 1343)
- Drug Conspiracies (21 U.S.C. § 846)
- Money Laundering (18 U.S.C. § 1956)
The stakes are high. If convicted, prison sentences are often lengthy. Fines can be severe. Your future is on the line.
The Separate Sovereigns Doctrine
A lot of clients think they’re safe because they beat a state charge. That doesn’t always mean you’re off the hook federally. Under the Separate Sovereigns Doctrine, the federal government can file charges even if you’ve already gone through a state case. We always look at the evidence to see if this is a genuine federal matter—or just another way the prosecution is trying to get a conviction. If the government is overstepping, we consider motions to dismiss or reduce the charges.
Common Defense Strategies—Roleplaying Different Scenarios
Federal prosecutors build their cases thoroughly. That’s why we dig in just as aggressively. Here are scenarios we’ve handled:
- Drug Conspiracy:
- Situation: You got dragged into a larger ring. The DEA claims you knowingly joined a conspiracy.
- Strategy: Our attorneys show you didn’t have the intent to further an illegal plan. We look for coercion, entrapment, or other factors that nullify your role. We challenge every surveillance log and wiretap to ensure no rights were violated.
- Wire Fraud / Bank Fraud:
- Situation: You sent emails or documents that prosecutors say were false.
- Strategy: We argue lack of criminal intent. We examine each transaction to prove you had a legitimate purpose. If the FBI seized computers illegally, we file motions to suppress that evidence. We aim to show the alleged victim’s losses weren’t as large as claimed—or never existed.
- Money Laundering:
- Situation: Large deposits from a business or partner triggered a federal probe.
- Strategy: We demonstrate you didn’t know the funds were tied to criminal activity. We rely on financial experts to decode transactions. If investigators stretched the truth on warrants, we challenge the legality of the search.
In each scenario, our mission is the same: poke holes in the government’s story and highlight every possible defense.
Potential Penalties Under Federal Sentencing Guidelines
Federal courts use the U.S. Sentencing Guidelines to recommend prison terms based on “offense level” and “criminal history category.” That means enhancements—like being labeled an organizer of a scheme—can add years to your sentence. We look at every enhancement to see if it applies. If the government claims there was a high amount of financial loss or multiple victims, we verify whether those claims are exaggerated. Our objective is to reduce your exposure to jail time, fines, and forfeitures.
Example Table: Key Differences Between State and Federal Cases
| Aspect | State Court | Federal Court |
|---|---|---|
| Governing Laws | NY Penal Law, local statutes | U.S. Code (e.g., 18 U.S.C., 21 U.S.C.) |
| Investigative Agencies | Local/State Police, District Attorney’s Office | FBI, DEA, IRS, U.S. Attorney’s Office |
| Sentencing Flexibility | More discretion, varied sentencing options | Stricter guidelines, possible mandatory minimums |
| Speed of Proceedings | Often faster but can vary | Often thorough, detailed investigations, strict rules |
Every row in this table matters. The federal system is more complex. They often have unlimited resources. That means we have to be ready for a highly detailed battle. We’re never afraid of that.
Why Choose Spodek Law Group
Our law firm is recognized as a top-rated federal defense team. We know how to handle the toughest cases—from white collar crimes to serious felonies. Our attorneys have been featured on major news outlets and have represented clients in high-profile situations, including the Anna Delvey / Anna Sorokin matter. We understand the media pressure that can come with federal charges. We use technology to simplify communication and keep you updated 24/7. You can communicate with us through our online portal or phone. We’ll answer every single question you have and guide you every step of the way.
Taking the First Step
If you suspect you’re under federal investigation or have already been charged, it’s crucial to act immediately. The more time you give us, the better chance we have at challenging the allegations. When you contact Spodek Law Group, we’ll give you a risk-free consultation. We’ll discuss your fears, your goals, and potential defense strategies. If you decide to work with us, we’ll fight for you—no matter how complex the case is.