Our firm helps people who have been accused of major drug offenses or drug trafficking crimes. Our motto is "Texas Friendly Spoken Here." Although we are based in Austin, we have a state-wide practice, ensuring that your defense is fair and impartial.

Federal criminal law is a serious and complex body of law. It is distinguishable by the fact that the activity is criminalized by the United States Congress, rather than the individual states. A federal crime will be investigated by the FBI, DEA, ATF, ICE, IRS, U.S. Marshal, or U.S. Secret Service agents, or any number of other federal agencies. A state law crime will initially be investigated by a Texas Department of Public Safety (DPS) Highway Patrol trooper who will then turn over their findings to a DPS Narcotics or Intelligence Service agent. Perhaps the stop was conducted by a local police and/or county sheriff's department and an apprehension was made.

The purpose of this site is to provide information which may assist you in understanding your legal exposure, whether you have been the target of an FBI or DEA investigation or you have been charged by a state or local law enforcement agency.

FEDERAL OR STATE LAW VIOLATION OR BOTH?
Because individual states maintain their own constitutions and laws, many state violations are also violations of federal law. Defendants can be exposed to both state and federal prosecutions for what appears to be the same offense. Although this rarely happens, it does not violate the double jeopardy clause enumerated by the 5th amendment of the United States Constitution. States continue to maintain a position of sovereignty and, as such, may have different interests to serve.

There are 50 different sets of state laws, but federal law is consistent throughout the nation. Whether we walk into a federal courtroom in California, New York or Texas, the federal statutes, rules of procedure, and rules of evidence are the same. For instance, the state law regarding Possession of Marijuana in California is perhaps different from the state law found in New York, but is no different under federal law.

How do you know if you are the target of a federal investigation or if you have been charged with a federal crime? There are three main characteristics that may indicate whether you are facing a state or federal prosecution: 1) The investigating agency – is it a federal or state agency? 2) the type of crime alleged, and 3) the court in which you must appear and defend yourself.

Investigating Agencies
If you have been arrested or questioned by the police at the city, county, or state level, this usually indicates that you are suspected of a state law violation. Federal law enforcement agencies frequently encountered by defendants are:

1. Federal Bureau of Investigation (FBI);
   
2. Criminal Division of the Internal Revenue Service (IRS - CID);
   
3. United States Secret Service (USSS);
   
4. United States Postal Service (USPS);
   
5. United States Drug Enforcement Administration (DEA);
   
6. United States Immigration & Customs Enforcement (ICE);
   
7. United States Customs & Border Protection (CBP);
   
8. United States Marshal's Service (USMS)
   
9. United States Alcohol, Tobacco and Firearms.

It is possible for a state or local law enforcement agency to initially bring charges which are later taken over, transferred and filed by a federal agency and prosecuted by the United States Attorney's Office.

Overview of Federal Law Enforcement
Each federal law enforcement agency is mandated by statute and executive order to carry out a number of significant missions which have been directed by Congress and the President.

FBI: The very heart of their mission and operations lies in their investigative ability. Agents are sworn "to protect and defend the United States against terrorist and foreign intelligence threats and to enforce the criminal laws of the United States."

IRS: The Criminal Investigation Division serves the public by investigating potential criminal violations of the Internal Revenue Code and related financial crimes in a manner that fosters confidence in the tax system and compliance with the law. While other federal agencies also have investigative jurisdiction for money laundering and some bank secrecy act violations, IRS is the only federal agency that can investigate potential criminal violations of the Internal Revenue Code.

Postal Service: Whenever someone uses the U.S. Mail to send anything that they know is dangerous, illegal or counterfeit, postal inspectors are trained to find and arrest them in order to preserve the integrity of the mail, according to the Chief Postal Inspector.

U.S. Secret Service: Among its many duties, the Service investigates violations of law relating to counterfeiting of obligations and securities; financial crimes that include, but are not limited to, access device fraud, financial institution fraud, identity theft, computer fraud; and computer-based attacks on our nation’s financial, banking, and telecommunications infrastructure.

DEA: The Agency is sworn to investigate and prepare for the prosecution of major violators of controlled substance laws operating at interstate and international levels.

Immigration & Customs Enforcement: ICE is the largest and primary investigative arm of the United States Department of Homeland Security (DHS), responsible for identifying, investigating, and dismantling vulnerabilities regarding the nation's border, economic, transportation, and infrastructure security. Their mission is to protect the United States and uphold public safety by targeting people, money and materials that support terrorist and criminal activities. ICE is the criminal investigative resource responsible for long-term investigations of criminal and terrorist organizations seeking to penetrate American border security. This includes the smuggling of narcotics, goods, weapons, and humans into the United States. Additionally, ICE operates detention centers throughout the U.S. that detain illegal immigrants who are apprehended and placed into removal proceedings.

Customs & Border Protection (CBP): ICE works closely with its sister agency CBP, which employs a uniformed presence at the ports and borders (Border Patrol agents and inspectors) meant to interdict people or material crossing the border illegally.
U.S. Marshal’s Service: Their mission is to provide protection for the federal judiciary, transport federal prisoners, protect endangered federal witnesses and manage assets seized from criminal enterprises. They also arrest more federal fugitives than all the other federal agencies combined. If you are a federal fugitive and you hear a loud pounding at the front or back door around 5:00 a.m. you might want to put your hands in the air.

All of these agencies work closely with the largest law firm in the United States. The Department of Justice (DOJ), and its prosecution arm - the United States Attorneys Offices. Their mission is to enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.

Types of Crime
Crimes falling within the jurisdiction of the federal government most often concern large amounts of money or drugs being manufactured, transported or distributed, usually across state lines. Crimes routinely prosecuted in federal courts are:

1. Mail Fraud - Fraud conducted through the mail;
   
2. Wire Fraud - Fraud conducted over interstate telephone or fax lines;
   
3. Public or government corruption;
   
4. Bank robbery or fraud;
   
5. Corporate & Securities fraud;
   
6. Money laundering or bulk cash smuggling;
   
7. Tax crimes;
   
8. Interstate drug trafficking;
   
9. Export Crimes - Trading with the enemy;
   
10. Terrorism Crimes - In general, there are three main categories of terrorist acts which will be prosecuted: committing acts of terrorism, harboring terrorists, and providing material support to terrorists and terrorist organizations.
    
11. Cyber Crime, which can include computer intrusions, on-line predators, piracy or Intellectual Property Theft and Internet Fraud.
    
12. Other criminal priorities may include, but are not limited to: Hate Crimes, Human Trafficking, Color of Law (Police Brutality), Government & Bankruptcy Fraud, Identity Theft, Insurance, Mortgage & Telemarketing Fraud, Crimes Against Children, Jewelry & Gem Theft, Vehicle Theft, Violent Gangs and a host of other violations.
    
13. Conspiracy to commit the crimes above - About ninety-five percent of all federal criminal violations are conspiracy cases. If you are being investigated for a crime that concerns many people who allegedly worked together as part of a particular scheme, chances are you are facing federal charges.

Federal Courts
Unlike state courts, which generally maintain a relaxed atmosphere, defendants appearing in federal court are immediately aware of the formality and unforgiving nature of the setting. If you recently had a court date and are unsure whether it was state or federal, chances are you appeared in state court. Federal judges are appointed by the President of the United States with confirmation from the United States Senate. They follow strict guidelines established by Congress on procedure and punishment.

If convicted of a federal crime, a defendant will serve his or her entire sentence (less a few days each year for “good time”). Parole (early release from prison) has been abolished in the federal system. Therefore, if you have been charged with a violation of federal law, as a defendant, the chances are high that you are going to serve some prison time. However, as your attorney, we know and understand the system and how to effectively represent you. The chances of you going to prison or serving substantial time can be minimized, depending upon the facts and circumstances of each case.