Wilmington Federal Criminal Defense Attorney

Federal crimes have the potential to completely alter your life. Whether you face charges for illegal distribution of drugs, illegal possession of a firearm or a white-collar crime like bank fraud, know that convictions for federal crimes can bear serious, often unchangeable penalties.

At Marcilliat & Mills PLLC, we are an experienced team of award-winning attorneys well-versed in criminal defense and federal laws. From fighting for dropped charges to negotiating sentences, our pursuit of our clients’ best possible outcome is unmatched across North Carolina.

What Makes a Crime Federal Instead of State?

A crime becomes a federal case when federal authorities have the legal right to prosecute it, usually based on where or how the crime happened. Here’s how this most often occurs:

Crossing state lines: If you’re accused of committing a crime that involves moving items, or even people, across state lines, this often leads to federal jurisdiction. This often includes drug crimes as well as human trafficking.
Large-scale operations: Criminal enterprises like drug trafficking rings and organized crime networks are typically prosecuted federally. These are cases that impact interstate commerce or national interests.
Involvement of federal agencies: When a federal agency is in charge of investigating the crime or making an arrest – like the FBI, DEA, or ATF – the case is likely under federal authority. For example, federal agents might conduct surveillance or execute search warrants on crimes involving guns, drugs, or cybercrime.
Activity on federal land or at borders: Crimes committed on federal land (like national parks or military bases) or involving illegal entry at the borders are inherently federal.

When one (or more) of these elements is present, the case generally falls under federal jurisdiction.

Why Federal Cases Are Handled Differently

Federal cases are handled differently because the laws, procedures, and sentencing guidelines are all governed by federal statutes. Federal prosecutors usually have more resources, more specialized investigators, and broader authority. Cases often involve more complex evidence collection, like wiretaps, search warrants, or confidential informants, and may result in longer sentences.

The Federal Court Process in North Carolina

The federal court process in North Carolina follows a few different steps. All cases are different, but they generally include the following:

Investigation and Charges

The process usually begins with a federal investigation, which may involve agencies like the FBI or DEA gathering evidence. Once enough evidence is collected, the case is presented to a grand jury, which decides whether there is enough evidence to formally charge the person. If the grand jury approves, an indictment or information is filed, proposing formal charges. If someone is visibly seen committing a crime that is federal in nature, a person can be arrested, and the case could be initiated that way instead.

Arraignment and Pre-Trial Procedures

After an indictment or being arrested, the defendant makes their first court appearance, known as an arraignment. At this hearing, they are formally read their charges and told about their bail decision. In some cases, the defendant will be kept in custody while the case is pending, and in others, they may be able to pay bail to be released and fight the case from home.

Pre-Trial Procedures

At this point, both sides will go through pre-trial activities like discovery, where evidence is exchanged, and plea negotiations, where the prosecutor and defense attorney discuss a possible plea deal instead of going to trial. Many cases are resolved at this stage without going to trial.

Trial and Sentencing

If the case proceeds to trial, a judge or jury hears evidence and testimony before reaching a verdict of guilty or not guilty. If the defendant is found guilty, the judge will set a date for sentencing. At this point, they consider factors like the severity of the offense, criminal history, and statutory guidelines to determine what the sentence will be. This could result in prison, probation, fines, or restitution.

Appeals and Post-Conviction

After sentencing, the defendant may have the right to appeal the conviction to a higher court. The specifics of the appeal and the grounds for it depend on the case and what they’re claiming went wrong.

This process generally reviews whether proper procedures were followed and if the law was correctly applied.

The federal process is similar to the state process, but regardless, all criminal matters can be confusing, especially if you’ve never experienced it before.

Common Federal Charges We Defend

There are many different types of federal criminal charges, many of which mimic state charges. Some of the most common ones we handle include:

Drug trafficking: This involves illegally manufacturing, importing, or selling controlled substances across state or international borders. Because of the scale and interstate implications, these cases often result in lengthy federal prison sentences.
Securities fraud: This includes lying or misleading investors about companies’ financial status or transactions.
Firearm offenses: Unlicensed firearm possession, trafficking, or illegal sale of guns are serious federal charges that involve strict regulations and carry significant fines or prison sentences.
Bank and wire fraud: These serious financial charges involve intentionally deceiving financial institutions, such as banks or government agencies, typically via electronic means, to obtain money or property.
Identity theft and cybercrime: These cases involve illegally obtaining personal information and using it for financial gain, hacking, or online scams.
Conspiracy: An agreement between two or more individuals to commit any of the above crimes, even if the crime itself is not completed, can lead to federal conspiracy charges.
Money laundering: Processing illegally obtained money to disguise its origin and make it appear legitimate is a federal offense tied often to drug rings or organized crime.
RICO (Racketeer Influenced and Corrupt Organizations Act): Used to target ongoing criminal organizations involved in racketeering, RICO charges can include a wide range of crimes like fraud, extortion, and murder.
Tax evasion: Intentionally avoiding paying taxes owed, by underreporting income or inflating deductions, is prosecuted federally when it involves larger amounts or organized schemes.

This isn’t a complete list of every criminal matter we have experience dealing with. If you’re facing another type of crime that you didn’t see listed, don’t hesitate to reach out to our team for help. We can help, no matter what you’re facing.

Stand A Chance Against Severe Penalties

In 2018, nearly 60% of convicted federal crime offenders were not relieved from mandatory minimum penalties. This means that courts are taking federal crimes quite seriously across the board. The average jailtime penalty for a firearms offender was about 150 months after mandatory sentencing. Drug offenders received an average of about 130 months per conviction.

Even considerably lighter crimes like identity theft can result in a sentence of four to six years imprisonment. Our wide-ranging experiences in varying case types, representing individuals from all walks of life, has given us the knowledge and skill you need in the courtroom.

Learn More About Our Federal Criminal Defense Practice In Wilmington

Learn more about our Wilmington criminal defense law office, located just a few minutes walk from the federal courthouse.

Start Your Case Now. Free Consultation Provided

Serious crimes may result in serious penalties, so connect with a serious attorney. We will diligently pursue every possible opportunity to protect your future.

Call us for a free consultation or send us an email.

Wilmington Federal Criminal Defense Lawyer