St. Petersburg Federal Criminal Defense Lawyer

Facing a federal criminal investigation can feel overwhelming. Federal cases move differently than state cases, and the stakes are often much higher. A person may face federal charges before fully understanding why the federal government became involved, which agencies investigated the case, or what penalties may apply.

If federal agents contact you, serve a subpoena, execute a search warrant, or charge you with a federal crime, you should speak with a defense attorney as soon as possible.

At Goldman Wetzel, our St. Petersburg federal criminal defense attorneys represent clients in serious federal cases throughout the Middle District of Florida, including Tampa, St. Petersburg, Clearwater, Bradenton, and surrounding areas. We help clients understand the charges, protect their rights, evaluate the evidence, and build a defense strategy from the earliest stages of the case.

Federal Court in Tampa Bay

What Is a Federal Crime?

A federal crime is conduct that violates a law passed by Congress rather than a Florida statute. Most crimes in Florida are prosecuted in state court, but a case may become federal for several reasons. Federal prosecutors may bring charges when the alleged conduct involves federal law, federal property, federal agencies, interstate activity, large-scale investigations, financial institutions, drugs, firearms, immigration issues, or alleged conduct that crosses state or national borders.

Some conduct breaks both state and federal law. Drug trafficking, firearm offenses, fraud, and child exploitation can be charged in either court, and the decision usually rests with the prosecutors.

Federal cases often involve agencies such as:

• FBI;
• DEA;
• ATF;
• IRS Criminal Investigation;
• Homeland Security Investigations;
• Secret Service;
• U.S. Postal Inspection Service;
• Department of Health and Human Services;
• Department of Homeland Security; or
• other federal task forces.

Sometimes local officers make the initial arrest, and federal prosecutors later adopt the case. In other situations, federal agents investigate the case for months before anyone knows charges may be coming.

In our experience, the earlier a defense attorney becomes involved, the more opportunities there may be to protect the client, communicate with the government, review potential exposure, and avoid unnecessary mistakes.

Examples of Federal Crimes

Federal criminal cases can involve many different allegations. Goldman Wetzel handles federal cases involving:

• drug trafficking and federal drug conspiracy;
• firearms offenses, including possession by a convicted felon, straw purchasing, and gun trafficking;
• fraud and financial crimes;
• wire fraud and mail fraud;
• PPP, EIDL, and government benefit fraud;
• health care and Medicare fraud;
• tax-related offenses;
• money laundering;
• racketeering (RICO);
• identity theft and access device fraud;
• child exploitation and internet-based offenses;
• immigration-related offenses;
• violations on federal property, including military bases;
• supervised release violations;
• federal probation violations; and
• federal sentencing and post-conviction issues.

Other examples of federal crimes include bank robbery, kidnapping across state lines, arson of federal property, human trafficking, counterfeiting, bribery of a federal official, and terrorism offenses.

Every federal case requires careful attention to the facts, the evidence, the statutes charged, the sentencing guidelines, and the client’s goals.

Are All Federal Crimes Felonies?

No. Federal law sorts crimes by the maximum sentence they carry [18 U.S.C. § 3559]. A felony is an offense punishable by more than one year in prison. Felonies run from Class A (life imprisonment or death) down to Class E (more than one year but less than five).

Federal misdemeanors are Class A (more than six months, up to one year), Class B (more than 30 days, up to six months), and Class C (more than five days, up to 30 days). Federal law does not use the first-, second-, and third-degree labels found in Florida law.

Many federal misdemeanors arise on federal property, such as MacDill Air Force Base, VA facilities, and national parks, and begin with a federal violation notice.

Federal vs. State Charges in Florida

The same conduct can look very different depending on which court hears the case. Some of the main differences are:

• Who investigates and prosecutes. Federal agents investigate, and Assistant U.S. Attorneys prosecute. In state court, local police investigate and the State Attorney’s Office prosecutes.
• How charges are filed. A federal felony must be charged by a grand jury indictment unless the defendant waives it. Florida prosecutors file most charges themselves, in a document called an information.
• Release before trial. State courts often set a bond amount that a defendant can post. Federal court does not work that way. A federal judge decides whether to release or detain the defendant, release usually comes with conditions such as supervision by a pretrial services officer, and in many drug and firearm cases the law presumes the defendant should be detained.
• Discovery. Florida’s rules let the defense take depositions of the State’s witnesses in felony cases. Federal rules do not, and the government is not required to turn over a witness’s prior statements until that witness has testified [18 U.S.C. § 3500], although prosecutors often provide them earlier.
• Sentencing. Federal judges calculate an advisory range under the U.S. Sentencing Guidelines, many drug and firearm offenses carry mandatory minimum sentences, and there is no parole in the federal system.

Why Federal Criminal Cases Are Different

Federal criminal cases often involve detailed investigations before charges are filed. By the time a person is arrested or indicted, prosecutors may already have search warrants, phone and financial records, surveillance footage, recorded calls, witness statements, cooperating witnesses, lab reports, or electronic evidence.

Federal court also has its own procedures and deadlines. The process can include an initial appearance, detention hearing, arraignment, discovery, motions, plea negotiations, trial preparation, a presentence investigation report, sentencing memoranda, and sentencing under the federal sentencing guidelines.

These cases can move quickly. A person who waits too long to hire counsel may lose valuable time to investigate, preserve evidence, prepare for bond, challenge searches, or negotiate with the government.

How a Federal Criminal Defense Attorney Can Help

A federal defense attorney can help long before trial. In many cases, the most important work begins during the investigation or immediately after arrest.

A defense attorney can:

• communicate with federal agents and prosecutors;
• help the client avoid making harmful statements;
• prepare for a detention or bond hearing;
• review search warrants, subpoenas, and discovery;
• challenge unlawful searches or seizures;
• file motions to suppress evidence or statements;
• investigate witnesses and defenses;
• evaluate whether the government can prove each element;
• analyze sentencing guideline exposure;
• negotiate with the U.S. Attorney’s Office;
• prepare for trial when necessary; and
• present mitigation at sentencing.

Federal cases require more than a general understanding of criminal law. A strong defense requires knowledge of federal procedure, federal sentencing, plea agreements, cooperation issues, guideline calculations, mandatory minimums, and the practices of the local federal court.

Protecting Your Rights During a Federal Investigation

If federal agents want to speak with you, you have the right to remain silent and the right to speak with an attorney. You should not assume that explaining your side will make the problem go away.

In our experience, people often hurt themselves by trying to talk their way out of a federal investigation. Even when someone believes they are helping, statements can create new problems, fill gaps in the government’s case, or lead to additional allegations.

A defense attorney can help you decide whether to speak, what risks exist, and how to handle contact with federal law enforcement.
If you receive a target letter or a grand jury subpoena, the same advice applies. A target letter means federal prosecutors believe they have substantial evidence linking you to a crime. Speak with a lawyer before you respond or testify.

Federal Sentencing and the Guidelines

Federal sentencing can be one of the most important parts of the case. Even when a person enters a plea, the final outcome may depend heavily on the federal sentencing guidelines, statutory penalties, mandatory minimums, criminal history, role adjustments, enhancements, acceptance of responsibility, cooperation, and mitigation.

In our experience, the sentencing strategy should begin early. A lawyer should not wait until the presentence investigation report to begin considering guideline objections, mitigation, treatment, employment, family support, restitution, role in the offense, and variance arguments.

Several rules can raise or lower a federal sentence:

• Mandatory minimums. Many drug and firearm statutes set a minimum prison term. The “safety valve” allows some people convicted of drug offenses to be sentenced below the minimum [18 U.S.C. § 3553(f)].
• Prior convictions. The career offender guideline can sharply increase the range. The federal three-strikes law requires a life sentence for a serious violent felony when the person has two prior serious violent felony convictions, or one such conviction and one serious drug conviction [18 U.S.C. § 3559(c)].
• Role in the offense. A minor or minimal role can lower the range.
• The presentence report. A probation officer prepares a presentence investigation report that the judge relies on at sentencing.
• Probation and supervised release. Probation instead of prison is available for some offenses. Most federal prison sentences are followed by a term of supervised release with conditions, and a violation can send a person back to prison.

A carefully prepared sentencing presentation can make a meaningful difference.

Statutes of Limitations for Federal Crimes

Most federal crimes must be charged within five years [18 U.S.C. § 3282]. Congress has set longer periods for some offenses:

• Most tax crimes – 6 years [26 U.S.C. § 6531]
• Securities fraud – 6 years [18 U.S.C. § 3301]
• Certain terrorism offenses – 8 years [18 U.S.C. § 3286(a)]
• Bank fraud and other offenses affecting a financial institution – 10 years [18 U.S.C. § 3293]
• PPP and EIDL loan fraud – 10 years
• Arson – 10 years [18 U.S.C. § 3295]
• Immigration, passport, and citizenship offenses – 10 years [18 U.S.C. § 3291]
• Theft of major artwork – 20 years [18 U.S.C. § 3294]

Some federal crimes can be charged at any time:

• Offenses punishable by death [18 U.S.C. § 3281]
• Federal sex offenses, including sexual abuse, child exploitation and child pornography, sex trafficking, and the kidnapping of a minor [18 U.S.C. § 3299]
• Terrorism offenses that caused or risked death or serious injury [18 U.S.C. § 3286(b)]

The clock can also be paused, for example while a person is a fugitive [18 U.S.C. § 3290]. Whether a charge is time-barred depends on the statute and the dates involved, so have a lawyer review it.

Federal Crimes FAQs

Is being a felon in possession of a firearm a federal crime?

Yes. Under federal law, possession of a firearm by a convicted felon is punishable by up to 15 years in prison, with no minimum in most cases. A person who has three or more prior convictions for a violent felony or a serious drug offense faces a minimum sentence of 15 years. Florida law also makes it a crime, so the case can be brought in either court. Since 2022, gun trafficking and straw purchasing are separate federal crimes.

Is drug possession a federal crime?

It can be. Simple possession of a controlled substance is a federal misdemeanor for a first offense, punishable by up to one year in jail and a minimum fine of $1,000 [21 U.S.C. § 844]. In practice, federal prosecutors focus on distribution, possession with intent to distribute, and conspiracy, which carry far higher penalties. See Is drug trafficking a federal crime?

What is racketeering?

The federal racketeering law, known as RICO, targets people who take part in an enterprise through a pattern of crimes such as fraud, bribery, drug trafficking, or money laundering. A federal RICO conviction carries up to 20 years in prison, or life if the underlying crime carries a life sentence [18 U.S.C. § 1963]. Florida has its own racketeering law, a first-degree felony punishable by up to 30 years.

What does a federal indictment mean?

An indictment is a formal charge returned by a federal grand jury after a prosecutor presents evidence. It is an accusation, not a finding of guilt. Grand jury proceedings are secret and the defense takes no part, so many people first learn of the case when they are arrested or receive a summons. Read more about the difference between being indicted and charged.

Related Pages

• St. Petersburg Federal Drug Lawyer
• St. Petersburg Federal Tax Evasion Lawyer
• St. Petersburg Money Laundering Lawyer
• St. Petersburg Ponzi/Pyramid Scheme Lawyer
• Bradenton Federal Criminal Lawyer

Speak With a St. Petersburg Federal Criminal Defense Attorney

The federal government has significant resources. You should have a defense team that understands how federal cases work and knows how to protect your rights at every stage of the process.

At Goldman Wetzel, we represent clients facing federal investigations and federal criminal charges throughout St. Petersburg, Tampa, Clearwater, Bradenton, Pinellas County, Hillsborough County, Manatee County, and the Middle District of Florida.

If you are under federal investigation or facing federal charges, contact Goldman Wetzel or call (727) 828-3900 to schedule a confidential consultation with a St. Petersburg federal criminal lawyer.