Miami Federal Criminal Defense Lawyer

Miami Federal Criminal Defense Attorney

If you are being charged with federal crimes in the state of Florida or the United States, it is important to seek the guidance of the Law Offices of Barry M. Wax, an experienced Miami federal criminal defense lawyer. Federal offenses are serious charges that can result in severe penalties, including significant fines and prison time.

If convicted, you may have a criminal record that follows you for the rest of your life. Our attorney is well-versed in federal law and the complexity of the federal criminal justice system. We can provide you with the skilled representation you need to protect your rights and your future. Barry M. Wax, Attorney at Law, has experience defending clients in a wide range of federal criminal cases, including:

• Fraud
• White-collar crimes
• Drug crimes
• Conspiracy
• Kidnapping
• Medicare fraud
• Racketeering
• Firearms charges

We are deeply familiar with the serious consequences that can result from a federal criminal conviction. Our firm is committed to working tirelessly to build a strong defense on your behalf.

When you are facing criminal charges for federal offenses, you may be up against experienced prosecutors and investigators with vast resources. They may be determined to secure a conviction. It is crucial to have a knowledgeable federal criminal defense attorney on your side.

A Miami federal criminal defense attorney can challenge the government’s evidence and build a defense that is tailored to your specific situation. Barry M. Wax is committed to providing the highest quality legal representation to each and every client, advocating for their rights and their freedom.

Why Choose the Law Offices of Barry M. Wax?

Barry M. Wax has decades of experience as a criminal defense attorney in southern Florida, successfully representing defendants in a wide range of state and federal criminal cases. Barry M. Wax is an alumnus of Florida State University and the University of Miami School of Law. He is a former President of the Miami Chapter of the Florida Association of Criminal Defense Lawyers and is a Director at Large for the statewide Florida Association of Criminal Defense Lawyers.

Different Federal Criminal Cases

Federal criminal cases cover a wide range of offenses that violate federal law. Here are some of the different types of federal criminal cases, including examples of each:

• Fraud: Federal fraud offenses involve intentional misrepresentation or deception for financial gain. Examples of federal fraud cases include securities fraud, wire fraud, bank fraud, and tax fraud.
• White-Collar Crimes: White-collar crimes are non-violent offenses committed by professionals in the course of their work. These include embezzlement, bribery, insider trading, and money laundering.
• Drug Crimes: Federal drug offenses involve the manufacturing, distribution, or possession of controlled substances. Examples include drug trafficking, drug smuggling, and drug conspiracy.
• Conspiracy: Federal conspiracy charges involve an agreement between two or more individuals to commit a crime. A federal conspiracy case can include drug conspiracy, racketeering conspiracy, and conspiracy to commit fraud.
• Kidnapping: Federal kidnapping charges involve the unlawful transportation or detention of a person against their will. Examples include kidnapping for ransom, kidnapping in connection with a bank robbery, and international parental kidnapping.
• Medicare Fraud: Medicare fraud involves the submission of false or fraudulent claims to the Medicare program. These can involve billing for services that were not provided, providing unnecessary medical services, and bribing or paying kickbacks to doctors or patients.
• Racketeering: Federal racketeering charges involve the operation of an illegal enterprise, such as a criminal organization or a gang. Examples include extortion, bribery, money laundering, and drug trafficking.

Each type of federal criminal case carries its own penalties, ranging from fines and probation to lengthy prison sentences. If you are facing federal criminal charges, it is important to consult with an experienced federal criminal defense attorney. They can help you understand your options and protect your rights.

Federal Fraud

Federal fraud refers to intentionally deceiving someone for personal or financial gain in a way that violates federal law. There are many different types of federal fraud, including securities fraud, wire fraud, mail fraud, healthcare fraud, tax fraud, and more. Here are a few examples of each type:

• Securities Fraud: This involves making false or misleading statements in connection with the sale or purchase of securities, insider trading, or manipulating stock prices. These cases may pertain to 18 U.S.C. § 1348 and specific laws such as the Sarbanes-Oxley Act or the Dodd-Frank Act.
• Wire Fraud: This is covered in 18 U.S.C. § 1343. Offenders use electronic communication, such as email or text messages, to scheme to defraud others.
• Mail Fraud: This offense is covered in 18 U.S.C. § 1341 and involves using the postal service to commit fraud, such as sending a fraudulent check or a solicitation for a fake charity.
• Healthcare Fraud: Healthcare providers may bill for services that were not provided, falsify medical records, or engage in kickback schemes. These cases may pertain to the Physician Self-Referral Law or Anti-Kickback Statute.
• Tax Fraud: Offenders intentionally file a false tax return, fail to report all income, or claim fraudulent deductions. These cases may pertain to 26 U.S.C. § 7201 and various other federal statutes.

These are just a few examples of the many different types of federal fraud that can occur. If you are facing federal fraud charges, it is crucial to seek the advice of a knowledgeable federal criminal defense attorney. They can build a strong defense and protect your rights.

Understanding Federal Conspiracy Charges

Federal conspiracy is a criminal charge that involves an agreement between two or more individuals to commit a crime. To apply, this must be coupled with at least one overt act in furtherance of that agreement. The crime that is the subject of the conspiracy can be any federal offense. These include, but are not limited to, drug trafficking, money laundering, and white-collar crimes such as wire or healthcare fraud.

One example of a federal conspiracy case is a group of individuals agreeing to traffic drugs across state lines. They may plan the transportation of the drugs, coordinate with others to distribute the drugs, and take steps to avoid detection by law enforcement.

If law enforcement becomes aware of the conspiracy and arrests the individuals involved, they would be charged with federal conspiracy. The overt act in furtherance of the conspiracy could be something as simple as arranging a meeting to discuss the transportation of the drugs. It could also involve purchasing equipment to aid in transportation. If convicted, the individuals would face significant prison time and fines.

Federal Racketeering Defined

Federal racketeering refers to a group of individuals engaging in illegal activities in an ongoing and organized manner. These could involve fraud, corruption, extortion, and money laundering. The primary statute used to prosecute racketeering cases is the Racketeer Influenced and Corrupt Organizations (RICO) Act.

An example of a federal racketeering case is the prosecution of a group of individuals involved in organized crime. The group may engage in illegal activities such as loan sharking, illegal gambling, and money laundering. The group’s members may hold positions of power within the organization and engage in illegal activity to further the group’s objectives.

The government may investigate the group for several years, gathering evidence and building a case against the members. If convicted, the members could face significant prison time and fines.

Another example of federal racketeering is the prosecution of a corporation that engages in illegal activities. Such activities can include bribery, fraud, and money laundering. The corporation’s executives may use their positions of power to engage in these activities, often to increase the company’s profits. If convicted, the corporation could face significant fines and restrictions on its operations.

Know Your Rights After an Arrest for Federal Criminal Charges

No matter the severity of the charges filed against you, you still have constitutional rights you must understand and exercise if you have been arrested and charged with any criminal offense by a federal agency. You should remain silent, as is your right under the Fifth Amendment. You should follow the arresting officers’ instructions, but do not say anything until you connect with a defense attorney. The Sixth Amendment affirms your right to legal representation.

You should not answer any questions or give any statements to arresting officers, even if you know that you have done nothing wrong. Anything you mention can be used against you, so do not attempt to explain your way out of this situation. Follow instructions until you are provided with the chance to contact a Miami federal criminal defense lawyer.

Your defense attorney can examine the details of your situation and determine your most viable defenses. They can also help you determine whether your case has been handled appropriately or if there was any type of misconduct by the agency handling the case or their handling of your arrest. Your situation may seem dire, but the right defense attorney can help you understand your rights and the most effective defenses available to you.

Common Defense Tactics Against Federal Criminal Charges

There are several common defenses that can be used against federal criminal charges. Here are some of the most frequently used defenses:

• No Intent: The defendant may contend in some circumstances that they lacked the necessary knowledge or intent to commit the crime. For instance, they might assert that they had no idea that what they were doing was against the law.
• Insanity: The defendant may contend that, at the time of the alleged offense, they lacked the mental capacity to comprehend the nature and consequences of their actions.
• Entrapment: The defendant may argue that they were induced or coerced into committing the crime by law enforcement agents or others acting on their behalf.
• Illegal Search and Seizure: The defendant may argue that the evidence used against them was obtained through an illegal search and seizure. This would be a violation of their Fourth Amendment rights under the United States Constitution.
• Duress: The defendant may argue that they were forced to commit the crime under the threat of harm or injury to themselves or others.
• Self-Defense: In cases of assault or murder, the defendant may argue that they acted in self-defense.
• Alibi: The defendant may provide evidence that they were not at the scene of the crime at the time it was committed.

The specific defense strategy used will depend on the facts of the case and the charges against the defendant. A skilled federal criminal defense attorney can evaluate the case and develop a defense strategy tailored to the individual circumstances.

Penalties for Federal Criminal Cases

Penalties for federal criminal cases can vary depending on the specific offense and the severity of the crime. Here are some examples of penalties that may be imposed:

• Imprisonment: A defendant convicted of a federal crime may be sentenced to serve time in a federal prison. The length of the sentence will depend on the nature of the offense and any mandatory minimum sentences that apply.
• Fines: A defendant may be ordered to pay fines as part of their sentence. Fines can range from a few thousand dollars to millions of dollars for certain white-collar crimes.
• Probation: In some cases, a defendant may be sentenced to a term of probation instead of, or in addition to, imprisonment. This means that the defendant will be supervised by a probation officer and required to follow certain conditions.
• Restitution: A defendant may be ordered to pay restitution to the victim or victims of their crime. This can include repayment of stolen money or compensation for any property damage.
• Asset Forfeiture: In some cases, a defendant may be required to forfeit assets such as property, money, or vehicles that were obtained through illegal activity.

The penalties for federal criminal cases can be severe, with some offenses carrying mandatory minimum sentences. Working with an experienced federal criminal defense attorney can help defendants better understand their charges and potential penalties. They can also develop an effective defense strategy.

Comparing the Length of Sentences for Florida State and Federal Convictions

The length of a sentence for federal convictions versus Florida state convictions can vary. These depend on the specific crime committed and the circumstances surrounding the case.

In general, federal convictions tend to carry longer sentences than state convictions. This is because federal crimes are typically more serious offenses, such as drug trafficking, white-collar crimes, and terrorism-related offenses. Additionally, federal sentencing guidelines can be more severe than state sentencing guidelines. In some cases, state or federal judges may have less discretion in determining a sentence.

Florida has some of the toughest sentencing laws in the country, particularly for drug offenses. Florida’s mandatory minimum sentencing laws require judges to impose a minimum sentence for certain drug offenses. This can result in lengthy prison terms for offenders.

Ultimately, the length of a sentence for either federal or Florida state convictions may depend on a variety of factors, including:

• The specific offense
• The defendant’s criminal history
• The discretion of the judge overseeing the case

What Is the Process for a Federal Criminal Case in Miami?

A federal case begins when any federal agency opens a criminal investigation. Once the agency believes they have sufficient evidence for a criminal charge, an indictment is filed against the defendant, and the defendant is scheduled for an arraignment, which is a formal reading of the charges against them.

Criminal litigation begins with discovery, during which both the prosecution and defense exchange all evidence and information in preparation for trial. In some cases, the prosecution and defense may initiate plea bargaining, which could be an opportunity for the defendant to secure a lesser sentence or reduced charges in exchange for a guilty plea.

Otherwise, litigation may begin with opening statements from each party after the jury is selected. The prosecutor and the defense attorney have the opportunity to question and cross-examine witnesses, present evidence, and make their cases before the jury. The judge may provide the jury with specific instructions regarding any statutes that apply to the case. Once all arguments and cross-examinations conclude, the jury can deliberate its verdict.

When a federal criminal case is litigated in Miami, these proceedings usually unfold at either the David W. Dyer Federal Building and US Courthouse at 300 N. 1^st Avenue or at the US Post Office & Courthouse at 100 N. 1^st Avenue. Both courthouses operate as part of the Southern District of Florida.

Why You Should Hire a Miami Federal Criminal Defense Lawyer as Soon as Possible.

Hiring a federal criminal lawyer at the start of your case might be critical for a variety of reasons. First, a professional federal criminal lawyer can help safeguard your rights and guarantee that you are treated fairly throughout the legal process. They may also help you understand the charges against you and the possible repercussions of a conviction.

If you hire a federal criminal lawyer at the outset of your case, they can begin building a strong defense strategy right away. This may involve:

• Conducting their own investigation into the allegations against you
• Gathering evidence to support your case
• Communicating with the prosecutor to learn about the government’s evidence
• Working to uncover any weaknesses in the government’s case

Additionally, a federal criminal lawyer can provide guidance and support throughout the legal process. They can help you navigate the complexities of the federal court system. They can also ensure that you are fully informed about federal criminal laws and penalties and prepared for every step of your case.

Overall, retaining a federal criminal lawyer early in your case is essential for protecting your rights, building a strong defense, and ensuring an ideal outcome in your case.

Southern District of Florida Trends

The U.S. Attorney’s Office, Southern District of Florida, reports recent federal criminal defense cases including a Peruvian national who was sentenced to 80 months in prison and to pay more than $3,000,000 in restitution for his participation in transnational fraud schemes that victimized vulnerable people in the U.S. And a voting machine company charged in a $1M Philippine bribery and money laundering scheme.

FAQs

Q: Is the Death Penalty Imposed in Florida?

A: Yes, the death penalty is still imposed in Florida. The state of Florida is one of 27 in the US that allows for the death penalty. However, in recent years, there have been legal challenges and changes to the application of the death penalty in Florida. In 2016, the state’s death penalty sentencing law was found to be unconstitutional by the US Supreme Court. This led to a temporary halt of executions in Florida. However, the law has since been revised, and executions have resumed in the state. More recently, the Florida Legislature passed a law which no longer requires a 12-person jury to unanimously recommend the death penalty. A vote of 8-4 is now sufficient; however, it is anticipated that this new law will be challenged immediately.

Q: How Much Does a Florida Criminal Defense Attorney Cost?

A: A Florida criminal defense attorney can charge anywhere from $200 up to thousands of dollars per hour or they may charge a one-time flat fee. It is important to understand that the cost of a criminal defense attorney is an investment in your future. It should not be the only consideration in choosing an attorney. You want to look for an attorney with experience and a history of success in handling cases like yours. You also need an attorney who communicates effectively and makes you feel comfortable and confident in their ability to represent you.

Q: How Long Will My Florida Criminal Defense Case Last?

A: Misdemeanor cases in Florida can typically be resolved within a few months, while felony cases can take much longer. For example, a felony case that goes to trial can take up to a year or more to reach a conclusion. However, many criminal cases are resolved through plea negotiations, which can often result in a quicker resolution. It is also worth noting that the pre-trial process can be lengthy, involving:

• Numerous court appearances
• Witness depositions
• Evidentiary hearings
• Plea negotiations

Additionally, if the case goes to trial, the trial itself can take several days or even weeks.

Q: How Long Can a Case Stay Open in Florida?

A: In Florida, criminal cases can stay open indefinitely until they are resolved. The length of time a case remains open depends on several factors, such as:

• The severity of the charges
• The complexity of the case
• The number of witnesses
• The evidence involved
• The court’s caseload

Additionally, the appeals process can also extend the duration of a case.

Q: What Makes a Kidnapping Case a Federal Crime?

A: Federal law defines kidnapping as the unlawful transportation, confinement, or kidnapping of a person across state lines or national borders. Thus, a kidnapping that occurs across state lines or involves interstate commerce may be prosecuted as a federal crime. Additionally, kidnapping cases that involve victims who are government officials, foreign officials, or are otherwise protected under federal law may also be prosecuted as federal crimes.

Hire a Miami Federal Criminal Defense Lawyer Who Can Tirelessly Fight for You

If you are facing federal criminal charges in Miami or anywhere in the United States, do not hesitate to contact Barry M. Wax, Attorney at Law. We are a Miami federal criminal defense firm with over 30 years of experience in federal criminal defense. With our extensive knowledge of federal law and the federal criminal justice system, we can provide you with the skilled and aggressive representation you need. Our firm can work to protect your rights and your future. Contact us today for a confidential consultation to discuss your case and explore your legal options.