Most criminal charges are the result of arrests by the local police, and are heard in state court. However, some crimes are prosecuted by the federal government. Federal criminal proceedings and federal punishments are not consistently better or worse for defendants, but they are different - different rules, different procedures and a different court.
The criminal defense lawyers at Alva & Moscow, LLC are not only licensed in Philadelphia-area federal courts, they are experienced in and knowledgeable about federal charges and federal procedure. With that knowledge, they can apply their tough, aggressive approach to defending the rights of their clients in the federal court system. While the rules may be different, the principle of zealous advocacy for the client's best interests remains the same.
Call our Philadelphia federal defense lawyers today at (215) 665-1695 to set up a consultation. We serve those facing federal charges throughout Philadelphia and the surrounding area, including Bucks, Montgomery, Delaware, and Chester Counties.
Our attorneys are experienced in fighting cases in federal court, including the federal United States District Court for the Eastern District of Pennsylvania in the James A. Byrne United States Courthouse.
The United States works under the system of "federalism." Both the states and the federal government have legislative bodies that pass laws - the Commonwealth of Pennsylvania has the General Assembly, and the federal government has the United State Congress. Both have the power to enforce those laws.
While the states have jurisdiction over most criminal matters, the federal government also has criminal laws. In theory, these are supposed to be only for crimes that cross state and international borders, like human trafficking and many fraud charges, or crimes that involve federal systems and assets, like counterfeiting.
However, especially over the past century, the federal government has been encroaching on legal areas traditionally reserved to states - for instance, regulating what substances a person may possess.
In both federal and state criminal cases, the prosecution has to prove all elements of their case beyond a reasonable doubt. The defense must prove nothing, unless the defendant is making an affirmative defense.
However, it is important to have a defense lawyer who can challenge the evidence brought forward and show the jury that there is reasonable doubt. It's also important for the Philadelphia criminal defense lawyer to not only be licensed to practice in federal courts, but also understand the differing rules and procedures in the federal court system.
If convicted in federal court, the defendant could serve time in federal prison. Despite the popular misconception, federal prison is far from a "country club." It is an often dangerous place where people's liberty, privacy and dignity are stripped from them.
Federal Drug Charges Against Philadelphia Residents
In 1970, Congress passed the Controlled Substances Act, which bans the possession, distribution and manufacturing or cultivation of hundreds of substances, including marijuana, cocaine, heroin, methamphetamine and many others. The drugs are arranged into "schedules," or lists, with harsher penalties for drugs deemed worse.
While simple possession is illegal under the Controlled Substances Act, federal officials tend to be more interested in bigger charges, like trafficking. Federal trafficking charges carry mandatory minimum sentences and millions of dollars in fines. They can even result in life imprisonment.
While several federal law enforcement agencies may prosecute drug laws, the Drug Enforcement Agency primarily exists to prosecute crimes under the Controlled Substances Act.
Federal Fraud and Financial Crimes in Pennsylvania
Medicare, Medicaid and the Internal Revenue System are all federal agencies and departments, so any attempt to defraud them is a federal crime. Medicare and Medicaid fraud frequently involve billing for services not provided or that were unnecessary, while tax fraud may involve underreporting income.
Mail fraud and wire fraud include any attempt to obtain money or anything of value via deception that involve the U.S. postal system or telecommunications. Wire fraud covers fraud allegations for eBay and other internet commerce sites.
The extent of the sentences in a fraud case usually depends on the amount prosecutors were able to prove was defrauded. A federal fraud conviction can therefore result in decades in prison.
The Racketeering Case and Philadelphia Federal Prosecutors
Racketeering, as the term is used in federal law, means organized crime. This includes the Mafia and gangs, as well as corporations accused of engaging in fraudulent claims and even the Catholic Church for sexual abuse allegations.
The federal government typically uses the Racketeer Influenced and Corrupt Organizations Act (RICO) to prosecute the heads of alleged criminal organizations. Under RICO, any member of an organization that has committed one of several crimes, including gambling, money laundering, drug trafficking, bribery, fraud and human trafficking, within 10 years can face federal racketeering charges.
Racketeering charges are often used by prosecutors instead of charging defendants for the actual crimes committed because they are frequently easier to prove. Racketeering charges can result in up to 20 years in prison and a $25,000 fine per count, and any asset used in the criminal organization may be forfeited.
Other Federal Charges
Other federal charges include:
Federal Weapons Charges:
Certain weapons charges, like illegally possessing a firearm in a federal facility or airport and firearms trafficking, can be federal crimes.
Counterfeiting:
Counterfeiting money and knowingly using counterfeit money is investigated by the Secret Service and is a federal crime.
Federal Sex Crimes:
It is a federal crime to travel across stateliness to engage in sex with a person younger than 12. Sexual assaults and rapes that occur in federal facilities, including federal prison, can be prosecuted by federal officials.
Human Trafficking:
Whether people were intended to work as sex workers or other employment, it is illegal and a federal crime to transport undocumented workers across international borders.
Alva & Moscow, LLC | Philadelphia Federal Defense Attorney
If you face federal charges, you not only want someone standing for you who is a zealous and passionate advocate, but you also want someone who has spent time in the federal courts and understands the rules and procedures there. The experienced Philly federal defense lawyers at Alva & Moscow, LLC can fight for your rights.
Call us today at (215) 665-1695 to schedule a consultation. We represent those facing federal charges throughout the Philadelphia area, including Bucks, Montgomery, Delaware, and Chester Counties. We are experienced in fighting criminal charges in federal court, including the federal United States District Court for the Eastern District of Pennsylvania in the James A. Byrne United States Courthouse.
Federal Criminal Defense FAQs
How is federal court different from Pennsylvania state court?
Federal cases move faster, carry higher sentences, and offer fewer diversion options. Federal sentencing is driven by the Sentencing Guidelines and by statutory mandatory minimums, parole was abolished in 1987, and defendants serve roughly 85 percent of any sentence imposed. Philadelphia federal cases are heard in the Eastern District of Pennsylvania at 601 Market Street.
What does it mean to be a target of a federal investigation?
A target letter means prosecutors believe you committed a crime and expect to seek an indictment. A subject is someone whose conduct is within the scope of the investigation, and a witness is neither. Receiving any of these letters is the point at which to retain counsel - the pre-indictment window is when charges can most often be narrowed or avoided.
Should I talk to federal agents if they come to my home?
No, not without a lawyer present. Lying to a federal agent is itself a felony under 18 U.S.C. § 1001, punishable by up to five years, even if the underlying conduct was not a crime. You can decline politely, ask for a card, and have your attorney arrange any interview on controlled terms.
What are federal mandatory minimum sentences?
Mandatory minimums are floors the judge cannot go below, most commonly five, ten, or twenty years in drug and firearms cases, triggered by drug weight, prior convictions, or a gun used during a drug offense. Two paths reduce them: the safety valve for defendants with minimal criminal history, and substantial assistance motions filed by the government.
Can I get bail in a federal case?
Federal court uses release conditions rather than cash bail. Under the Bail Reform Act the question is risk of flight and danger to the community, and there is a rebuttable presumption of detention in serious drug and firearms cases. A detention hearing is held within days of arrest and is one of the most consequential early hearings in the case.
What is a proffer session?
A proffer is an interview with federal prosecutors under a limited-immunity letter, often called a queen for a day agreement. It can lead to a cooperation agreement and a reduced sentence, but the protections are narrower than most people expect, and statements can be used to impeach you at trial. Never proffer without counsel who has read the specific letter.
How long do federal cases take?
The Speedy Trial Act sets a 70-day clock from indictment to trial, but complex cases routinely extend well beyond that as both sides litigate discovery and suppression motions. Federal investigations often run for a year or more before charges are filed, so the total timeline from first contact to resolution is frequently two years or longer.
Finding The Best
Attorney in PhiladelphiaFor Your Case
If you are facing any kind of injustice, be it a wrongful criminal accusation or being injured by the
negligence of another, a fearless Philadelphia attorney from Alva & Moscow, LLC can fight zealously for
your rights. We can serve as your criminal defense lawyer or your personal injury attorney. We apply our
principles of aggressive representation to seek the best results for you.
We represent clients throughout the Philadelphia area, including Bucks, Chester, Montgomery and Delaware
Counties, as well as Pennsylvania and New Jersey.
