This is the next article in my series on the handling of federal criminal charges in Peoria or Urbana, Illinois. My last article discussed handling federal computer or cyber crimes. Such offenses can carry harsh penalties and cases often involve numerous counts. Retaining an attorney who is properly licensed and experienced in the handling of such matters can be crucial. In this article I will be discussing the handling of cases which involve crimes committed on U.S. government property. If you or a loved one are in need of assistance then contact my office today to speak with a federal criminal defense lawyer.
Many offenses that would normally be charged by the state become federal crimes when they occur on land or within buildings owned by the U.S. government. Examples of such offenses include driving while intoxicated on federal property (such as in a park), possessing a firearm unlawfully inside of a federal building, trespassing on federal property, defacing federal buildings or monuments, committing acts of violence while on such property, etc. Many such offenses can carry mandatory minimums and, as a result, can carry much stiffer penalties than such offenses would at the state level. How an offense is charged and penalized, however, will always depend on the specifics of the case.
If an individual is convicted of such an offense then they will likely be sentenced under the federal sentencing guidelines. Under these guidelines, punishment for an offense falls within a prescribed range. Time is subtracted or added to the range depending on a variety of factors. Such factors include an individual’s prior criminal history, whether they pled guilty to the offense, and more. While these guidelines are considered “advisory” in nature, meaning that Judges are not obligated to follow them, it must be understood that, as a practical matter, the Court will typically follow the guidelines unless there is good cause to deviate from them.
When an individual is charged in Federal Court then, just as in the state system, they are entitled to assert various defenses and to have the charges proven beyond a reasonable doubt. Defense issues which may arise in the types of cases above can include search and seizure issues, the use of overly suggestive identifications, proving a violation of Miranda protections, or showing that the individual, in fact, did not commit the offense. How to best defend against a charge will depend on the facts of the case. A defendant’s attorney will analyze all available discovery, will conduct an investigation into the matter, and will advise their client as to the best course of action.
If you have been charged with a crime then contact my office to speak with a federal criminal attorney. I understand the gravity of such charges and the level of resources which the U.S. Department of Justice possesses. I have devoted much of my career to protecting the rights of the accused and will give your matter the attention it both needs and deserves. Contact us online or by telephone to schedule an appointment. I handle matters in both Peoria and Urbana.