Federal Property Crimes Defense Attorney
When it comes to trespassing on federal lands, I've seen a lot of these cases. A lot of times, the person just gets some sort of a ticket, and they have to pay a fine. But if it's a little more serious than that, for example, some of the people who are committing crimes on federal lands can be charged with felonies, and nobody wants any type of federal felony on their record.
Nobody wants to try to have to defend a federal property crime where you're looking at potential time in custody and a conviction that would stay with you for the rest of your life unless you're able to get it pardoned by the President of the United States, which is obviously not an easy task to do.
Federal property crimes can take various forms, from illegal poaching to stealing artifacts from federal lands. If you're being investigated for a crime on federal property, it's crucial to seek an experienced attorney. They will take all necessary steps to swiftly remove you from the federal system.
The bottom line is you don't want one of these federal property crimes, and you obviously want to do everything you can to avoid getting one. Where I see the feds getting involved is where you're on federal land, and they can see that you're up to no good — either you're hunting endangered species or hunting things on federal land that you're not allowed to.
Or, I've seen other situations where people go to burial grounds and put themselves in a position where they're stealing artifacts. Things in that vein of that nature as far as federal crimes go — you're really putting yourself in a difficult position where you're potentially going to end up with a felony on your record and time in custody. So, you want to make sure that whatever it is that you're doing, you're not on federal lands to commit a crime.
Another example would be if you're committing a DUI — you're driving under the influence on federal property. Again, I see a lot of wildlife behavior related to federal lands that's being prosecuted in such a way that the person ends up with a conviction that they don't want to have.
So, what we have you do is we have you come into the office, sit down, and speak in the privacy of my law firm so that we can really get down to the nitty-gritty of what happened because, in a lot of these federal property crimes, there's a different version of events.
In other words, the feds don't have all the available factual information, and obviously, you can provide that information to me. We can talk about it and strategize (1) whether you have a defense and (2) whether, even if you don't have a complete defense to the crime, it should be some lesser crime.
Or, is it a situation where you can get this thing plea bargained and work something out to try to protect your record and protect your freedom, which is a big thing obviously for most people?
Federal Property-Related Offenses
So, pick up the phone. Make the call if you have a federal property crime, no matter what your circumstance. In my experience, having done this for twenty-five years, there can be all sorts of federal property-related offenses and different angles that the feds use to prosecute people, put them in custody, and take away their rights.
It's crucial to act swiftly and develop a strategy if you're charged with a federal property crime in one of the District Courts. The sooner we can start working on your defense, the better your chances of a favorable outcome.
At the Hedding Law Firm, we understand the challenging position you're in when facing a federal criminal charge. We're well-versed in the tactics of the prosecution team and are here to support you through this difficult time.
Any type of crime, including, but not limited to, theft, vandalism, arson, DUI, burglary, drug crimes, and weapon charges, committed on federal or government property may be charged as a federal property crime. Federal property crime convictions may result in serious penalties. 18 U.S.C. 1752 defines the crime of trespassing on federal buildings or grounds.
Federal Property includes, but is not limited to, post offices, military bases, courthouses, national forests and parks, and any federal administrative buildings.
What Makes A Theft Charge A Federal Offense?
The federal government has discretion on which cases they file and which cases they don't file. They're typically going to get involved with cases that are more complicated than your average offense. For example, when someone is committing bank fraud at an ATM.
They're using encoded cards, stealing people's identities, and taking out thousands of dollars. Investigators will have to be able to go to different banks and conduct surveillance. They're not going to let the state deal with that; the feds will pick that up. If someone is just going in and robbing a liquor store, it is likely to be handled by the state.
Another factor is the scale of the crime and the amount of money being taken. A lot of times, I see multi-agency investigations in which the feds decide to deal with the case.
If you had a general litmus test for which cases the federal government would take, it would have to do with how much money is being taken, how sophisticated the operators are, and whether it involved multiple states.
I often see both state and federal agencies get involved in an investigation to assess the offense. Usually, this happens in a more elaborate or sophisticated scheme, where multiple agencies are going to have to get involved to effectively investigate the theft. Then, the choice will be made as to whether the feds or the state will prosecute it.
Sometimes, thefts are sophisticated, and it takes multiple agencies to investigate them effectively. If the theft is complicated and involves multiple jurisdictions, you can usually anticipate the feds will deal with it because they have a lot of investigation power.
They have G.P.S. tracking systems and wiretapping warrants, so they can listen to conversations. They can assign multiple FBI agents to investigate a particular crime, whereas, at the state level, resources and manpower are limited.
The government has the ultimate say on who prosecutes your case. It really has to do with whether or not your criminal activity falls within federal jurisdiction. If it does, then they can prosecute. If it doesn't fall within their jurisdiction, then it can be argued that they shouldn't be allowed to prosecute you because they do not have jurisdiction to deal with that particular case.
As far as moving cases between the state and federal government, that's going to be up to the prosecuting agency, and you have a very limited say, as a defendant, on who prosecutes you. It will be up to your attorney to decide whether or not any type of jurisdiction or venue challenge is appropriate.
Potential Defenses To My Federal Theft Charges
There are all sorts of different defenses available at the federal level when it comes to a theft-related event. If the government does not have evidence that you're the one who committed the theft, then that could certainly be a basic defense.
Another defense is that someone else is more responsible for the act than you and that you were not acting with intent when you did whatever it is that you did related to the theft.
Sometimes, people are operating innocently and they don't realize that a theft-related offense is going on. They should not be prosecuted for that particular crime. Before you can just start spouting off defenses, as a defense attorney at the federal level, you're going to want to have all the facts and circumstances surrounding the case.
Maybe there was a traffic stop related to the case, but all the goods found in the vehicle cannot be used against the person because the stop was illegal.
There are a whole host of things that can be utilized in a federal theft-related offense to defend you. However, it's going to take a skilled federal criminal defense attorney who understands what's necessary to win and understands when you can't win.
Once your attorney is armed with the facts about what happened and has the pieces of the puzzle from the investigation from the other side, then you and your attorney must have an honest conversation about whether you have a chance to win or not.
Federal property crime is a federal offense as well as a felony, and therefore, if you are charged, you may face state and federal penalties, which may result in years in prison and excessive fines. If you are being charged with a federal property crime, you must have an aggressive and experienced federal criminal defense attorney on your side.
Our defense lawyers have a combined 75 years of experience and have handled thousands of criminal cases. We are knowledgeable of the federal system and are confident that we can effectively defend your case.