close up of outdoor court room column

Federal Criminal Defense Lawyer


Federal Crimes are Serious

When facing federal crimes charges, in federal court, it is extremely important to consult with an experienced federal criminal lawyer who understands that an effective the differences in state law opposed to the law governing our nation when dealing with federal crimes. The Law Office of Case J. Darwin Inc. in San Marcos, Texas is an experienced law firm in dealing with federal crimes and we will help you achieve the best possible results for your situation.

Federal Crime Lawyer Help

When it comes to these type of crimes, it’s quite possible that the federal government has already researched your case. This is because Federal crimes are prosecuted by the United States Attorney’s Office. The cases are then assigned to the particular geographical area where that particular crime took place.

Moreover, the attorneys who represent the Government in court are all assistant United States attorneys. Because of this, you should place your trust in a federal criminal attorney who thoroughly understands criminal federal law in the U.S. By retaining an attorney who practices in the federal crimes court can save you a world of trouble in the future.

At our San Marcos law firm, we take the time to understand your particular case and develop solutions that help you achieve the best possible outcome for your case. When dealing with any sort of charges that come with this level of severity, it is wise to consult with a knowledgeable federal criminal defense attorney.  By doing so, you give yourself a much better chance of achieving a positive outcome in your particular case.

For more information on what this type of charge can mean in Texas and San Marcos, please review this article.  Understanding the personalities that are involved with each type of crime is useful, but when it’s time to fight the charges, our federal defense lawyer is here to help.

All criminal charges carry serious potential consequences if you are convicted. Some are more serious than others, depending on the type of offense and whether the case against you is filed in federal or state court. In general, the stakes are higher in federal cases, if only because the FBI and other federal agencies tend to prosecute some of the most severe offenses that come with the stiffest penalties.

Federal courts are also challenging because the players and criminal processes differ from state courts. Crafting a proper defense to federal criminal charges requires hiring an attorney who is familiar with federal law and the rules that govern prosecutions in federal court jurisdictions.

The Law Office of Case J. Darwin Inc. has the experience you need. Case is an experienced former prosecutor who focuses his practice on criminal law at the local level in Texas as well as in the nation’s federal courts.

With a belief in clients, a strong commitment to justice, and a broad familiarity with the roles and structure of federal court, Case Darwin is ready to represent you. Contact our offices at the soonest sign of trouble with a federal criminal matter so we can speak for you.

What Is Federal Court?

Under the Dual Sovereignty Doctrine, both the federal and state governments may pass criminal laws. In many instances, federal laws complement state laws but address different elements or factual situations. In other cases, federal law supersedes state law. It is possible to face both state and federal charges from the same criminal incident.

As a general statement, property crimes and crimes against persons, such as burglary, assault, and murder, are generally left for the states to pursue unless there are other circumstances involved.

Federal prosecutions typically have a financial element to them, such as money laundering, counterfeiting, bank robbery, embezzlement, and credit card fraud. Some of the crimes against people that land in federal court include kidnapping, child pornography, and identity theft.

The FBI handles most federal investigations, but crimes can also be prosecuted by agencies such as the Bureau of Alcohol, Tobacco, Firearms and Explosives Bureau and the Drug Enforcement Administration.

How Does Federal Court Work?

In the broadest sense, state and federal criminal cases have the same three phases: trials, appeals, and high court review. Here’s how the system is structured for federal crimes and the key players:

  • U.S. District Courts hear cases involving alleged violations of criminal law and consider constitutional issues. Both U.S. District Judges and U.S. Magistrate Judges can hear these cases. Nationwide, there are 94 U.S. District Courts and 670 federal judges. Texas has four federal court districts aligned to the state’s geography.
  • The U.S. Courts of Appeal considers appeals of decisions made by U.S. District Courts. Including the Federal Circuit Court of Appeals in Washington, D.C., there are 13 courts of appeal nationally employing 179 judges.
  • The U.S. Supreme Court reviews courts of appeal decisions and other matters. Supreme Court review is not guaranteed; the nine justices hear only about 100 cases a year but receive more than 7,000 requests.

FAQs About Federal Criminal Prosecutions

Getting charged with any crime, much less one in federal court, is scary and unnerving. Here are some frequently asked questions about federal criminal cases:

Who Handles Federal Criminal Cases?

In most instances, U.S. attorneys are responsible for investigating and prosecuting cases in federal court. Government attorneys in other agencies, such as the Federal Deposit Insurance Corporation, may also have prosecutorial responsibilities. Appeals may involve assistant attorney generals.

When Should I Consult an Attorney?

Federal prosecutions have severe consequences. You need the advice of a qualified federal criminal defense attorney as soon as you learn you are under investigation or as soon as you are charged.

What Are the Most Common Federal Crimes?

According to the U.S. Sentencing Commission, more than eight out of 10 federal crimes involve drugs, immigration, firearms or fraud, theft, and embezzlement. A third of all federal crimes involve drugs.

Should I Speak to Investigators Alone?

Absolutely not. You have the right to remain silent under federal law. Federal investigators will try to win your trust by seeming friendly, but their goal is to find evidence they can use to support criminal charges. The only time you should speak to federal agents is with your attorney.

What Is the Role of a Federal Criminal Defense Attorney?

Federal criminal defense attorneys understand more than just the law. They will consult with you about the facts and circumstances of your case to determine a strategy for the best possible resolution. They will also apply resources to help collect and evaluate evidence, represent you in pretrial court hearings and matters, and try the case or negotiate a plea bargain.

How Will I Know if I Am Under Federal Investigation?

This depends on the circumstances of your case. In white-collar investigations, someone under investigation may receive a “target letter” from a federal prosecutor that signals a potential problem. You might also learn about a probe through a subpoena or grand jury summons. In some cases, you won’t know until law enforcement comes to make an arrest.

Federal Crimes Are Serious

If you have been charged with a federal crime, you want to select a federal criminal defense attorney with a complete understanding of the potential path for the case, both at the trial level and on appeal. Your attorney needs to recognize the significant differences between state and federal criminal matters.

The Law Office of Case J. Darwin Inc. in San Marcos, Texas, offers an experienced team and extensive background in handling federal criminal matters. We will work closely with you to understand the circumstances of your case, develop a defense, and stand by your side throughout to achieve the best possible results.

Case is fluent in Spanish and is a former prosecutor and briefing attorney for the Honorable Terry Jennings of the First Court of Appeals in Texas. Case handles all felony and misdemeanor charges, from capital murder to class C misdemeanors, appeals, expunctions, and bar admission administrative proceedings. He graduated summa cum laude from the Texas Tech School of Law.


Federal Court Building, Manhattan by Rich Mitchell is licensed with CC BY 2.0

top criminal attorneys in san antonio
San Marcos Criminal Defense Lawyers Association
Avvo logo
Expertise Award for Best Criminal Defense Lawyers in San Antonio 2020