Law Offices of

Federal Law

There are two primary types of courts that deal with criminal offenses: State courts and Federal Courts.  In Federal court, a case is brought by representatives of the United States Government against an individual for violating federal law. Federal law is the law enacted by our federal representatives (Members of Congress and the Senate) into statutes. The United States Government is represented by the Justice Department, headed by the Attorney General of the United States, and is locally represented by the Attorney General for the geographic region in which the offense is committed.

Federal law prohibits some conduct that normally states also prosecute. Often, these are drug possession or distribution cases that carry extreme penalties even for first time offenders.

Federal cases are processed very differently than state cases. In a state case, once an indictment is presented by the grand jury, plea negations will usually take place. These plea negotiations will often result in an offer of a determinate sentence in exchange for a plea of guilty. For example, if someone is accused of theft in a state court proceeding, an offer made by the State might be: “If you plead to the charge of felony theft, the state will agree to a jail sentence of only 30 days.” The trial judge would only be involved in deciding whether to accept of reject the plea.

Federal court is much different and much more risky for Defendants. In federal court, the Assistant United States Attorney assigned to the case is, for the most part, unable to make an offer of a specific sentence in exchange for pleading guilty. In an attempt to curb what they view as “too liberal” sentences given by federal judges, Congress enacted the Federal Sentencing Guidelines. These Guidelines adds or subtracts points for determining a person's sentence based on a grid based on a myriad of complex and confusing factors. Points are taken away and given for things such as cooperation with the government, prior criminal history, the amount of drugs or money involved, whether a firearm was used, and many other factors.  The judge is the sole determiner of sentencing and, until recently, had little discretion to deviate from the guidelines. In early 2005, the United States Supreme Court in the Booker decision made the Federal Sentencing Guidelines merely advisory – not controlling. The effect of Booker is still being determined on a case-by-case basis in the federal courts.

I have handled numerous federal cases in the Dallas/Metroplex and am licensed in both the Northern District of Texas (Ft. Worth/Dallas) and the Eastern District of Texas (Sherman/Houston). Please call me to discuss your case.