Miami Federal Criminal Defense Lawyer & Federal Criminal Attorney in Miami
As a criminal defense law firm based in Miami, a significant portion of our practice is dedicated to representing clients who are either under federal investigation or have been charged with committing a federal crime in the Southern District of Florida. Over the years, we have represented a wide range of clients facing federal charges, including attorneys, bankers, executives, and business owners.
As experienced Miami federal criminal defense lawyers, we routinely defend people in Miami, Miami Beach, and throughout Miami-Dade County in complex federal cases. Because the penalties in federal court are often far more severe than in state court, it is critical to hire an experienced Miami federal criminal lawyer—a federal criminal attorney in Miami who understands the local U.S. Attorney’s Office, the judges, and the federal sentencing system, and who can start protecting you immediately.
Important Differences Between Federal and State Cases
Jurisdiction
Both the State of Florida and the federal government have the authority to prosecute criminal offenses in Florida. Each has its own criminal laws, court system, law enforcement agencies, and prosecutors. A federal criminal case is governed by the Federal Rules of Criminal Procedure, which have important differences from the rules that apply in a state criminal case. Although not identical, the Federal Rules of Evidence are very similar to the Florida Evidence Code.
The vast majority of felony and misdemeanor prosecutions occur in state and municipal courts. The State of Florida prosecutes most crimes of violence, such as assault, battery, homicide, sex crimes, and common property crimes like theft. The State is also responsible for prosecuting nuisance crimes such as prostitution and disorderly conduct, and traffic crimes like DUI and driving with a suspended license. Although the State also prosecutes white collar crime, the biggest and most complex white-collar cases are usually prosecuted in federal court.
Why Hire a Miami Federal Criminal Lawyer from Our Firm?
Federal criminal cases in Miami are different. They move faster, the investigations are deeper, and the potential sentencing exposure is often far greater than in state court. When you are contacted by a federal agent or served with an indictment, you need a Miami federal criminal defense lawyer who is prepared to step in immediately.
Our federal criminal attorneys in Miami provide representation that is focused on:
- Early intervention in federal investigations, including target letters, grand jury subpoenas, and proffer sessions
- Careful analysis of the evidence, charging decisions, and applicable federal statutes
- Strategic plea negotiations when appropriate, including cooperation and safety-valve issues
- Litigation of motions to suppress, motions to dismiss, and other critical pretrial issues
- Sentencing advocacy under the federal sentencing guidelines, including departures and variances
- Representation on appeal in federal criminal cases when necessary
For professionals, business owners, and everyday people alike, having the right Miami federal criminal lawyer can make a significant difference in the outcome of a federal case.
What Are Federal Crimes?
The federal government prosecutes cases that the State cannot because it lacks jurisdiction, as well as certain types of cases that federal authorities prioritize for policy reasons. Some federal crimes involve areas where the federal government exercises exclusive authority under the U.S. Constitution. Examples include counterfeiting of money, customs and immigration offenses, bank fraud, mail & wire fraud, federal tax crimes, frauds against the United States, and crimes of treason and espionage.
The federal government can also prosecute common crimes that the State would normally prosecute when those crimes are committed on federal property, such as national parks, Indian reservations, federal courthouses, and federal prisons. Because the federal government regulates certain industries, such as aviation and maritime commerce, its jurisdiction also extends to crimes that occur on ships at sea (including cruise ships) and on airplanes in flight.
Although the State of Florida has the power to prosecute many types of crimes, it may only investigate and prosecute offenses that occur within the State’s boundaries. The federal government’s authority, on the other hand, extends throughout the entire country. As a result, federal prosecutors are often in a better position to investigate and prosecute larger-scale or more sophisticated criminal activity, particularly when it crosses state or national borders.
Due to these jurisdictional differences, as well as policy priorities, the bulk of the federal government’s criminal resources is devoted to prosecuting drug importation, drug trafficking, immigration and customs offenses, financial crimes, large-scale fraud, firearm offenses, organized crime, fraud against the United States, and other regulatory federal offenses. This is why it is so important to retain a federal criminal attorney in Miami who understands how these cases are built and how to attack them.
Federal Investigative Agencies and Federal Prosecutors
The United States Attorney (not the State Attorney) prosecutes federal crimes. United States Attorney’s Offices are part of the Department of Justice. A federal offense may be investigated by any of several federal law enforcement agencies, such as the FBI, DEA (Drug Enforcement Administration), Secret Service, or IRS Criminal Investigation Division, among others. Certain agencies are dedicated to specific types of crimes. For example, the DEA focuses exclusively on drug crimes and related offenses.
Federal task forces often include members of local police departments working alongside federal agents on joint investigations. When a federal agent contacts you, it usually means that substantial investigative work has already been done and that the government is serious about moving forward. It is rarely in your best interest to speak with a federal agent before consulting a Miami federal criminal defense lawyer.
Federal Criminal Law Resources
Another distinguishing feature of federal criminal investigations and prosecutions is the sheer amount of resources devoted to a particular case compared to state court. The state system must handle all arrests made by municipal and county police departments. A domestic violence case or petit theft case, for example, is prosecuted by the State Attorney’s Office, which has a limited annual budget and extremely high caseloads.
By contrast, the Department of Justice and the U.S. Attorney’s Offices have far larger budgets. The caseload of a federal prosecutor, known as an Assistant United States Attorney, is significantly smaller than that of a typical state prosecutor. Federal judges also have far fewer criminal cases on their dockets than most state court judges. Federal law enforcement agencies have substantial budgets and extensive resources, and federal agents are often better trained and more specialized than local officers.
The bottom line is that far more time and resources are spent investigating and prosecuting each federal case. When a federal agent contacts you, there is a strong likelihood that every “i” has been dotted and every “t” crossed. If a federal agent contacts you, it is critical to contact our federal criminal defense lawyers in Miami immediately for a consultation.
Federal Classes of Crimes
Crimes under federal law are contained in the United States Code. The criminal code recognizes five classes of felony offenses (A, B, C, D, and E) and three classes of misdemeanor offenses (A, B, and C). A Class A federal crime is the most serious and carries the greatest potential punishment.
| Category | Class | Maximum Sentence |
| Felony | A | Life imprisonment (or death) |
| Felony | B | 25 years or more |
| Felony | C | 10 to 25 years |
| Felony | D | 5 to 10 years |
| Felony | E | 1 year to 5 years |
| Misdemeanor | A | 6 months to 1 year |
| Misdemeanor | B | 30 days to 6 months |
| Misdemeanor | C | 5 days to 30 days |
Federal Crimes Sentencing
Perhaps the most important distinction between federal and state cases relates to sentencing. In federal court, a defendant may face mandatory minimum penalties, and the federal sentencing guidelines can often result in lengthy prison terms. Unlike in the state system, a federal prosecutor generally cannot offer a specific sentence in a plea agreement. If you plead guilty in a federal case instead of going to trial, there is no guarantee that you will receive an agreed-upon sentence.
Federal judges make the ultimate sentencing decision by consulting the federal sentencing guidelines and considering numerous additional factors, including the nature of the offense, the defendant’s history and characteristics, and the need for deterrence and public protection. That is why it is crucial that the federal criminal defense lawyer you retain has significant experience in federal criminal cases and a deep understanding of how the guidelines work.
Finally, if convicted and sentenced to a term of imprisonment on a federal charge, a defendant will serve that sentence in the custody of the U.S. Bureau of Prisons (not the state Department of Corrections).
Federal Criminal Cases We Handle in Miami
The majority of clients contacting our Miami federal criminal defense law firm are either under investigation or have been arrested for the following types of federal criminal offenses in Miami and throughout South Florida:
- False Statement
- Obstruction of Justice
- Alien Smuggling
- Drug Trafficking – Defending federal drug trafficking cases involving alleged importation, conspiracy, or possession with intent to distribute in Miami and throughout South Florida.
- Money Laundering – Representing clients accused of laundering criminal proceeds through businesses, real estate, or bank transfers.
- Child Pornography
- Health Care Fraud
- Mortgage Fraud
- PPP Loan Fraud – Defending individuals and businesses accused of PPP or COVID-relief fraud investigated by the SBA, FBI, IRS, or other federal agencies.
- Mail & Wire Fraud – Representing clients charged with schemes involving electronic communications, mailings, or online transactions.
- Tax Crimes – Defending IRS investigations and prosecutions involving alleged tax evasion, false returns, and related offenses.
- Firearms Offenses
- Arms Smuggling
- RICO
- Forgery and Counterfeiting Offenses
- Benefits Fraud
- Identity Theft
- Employee Theft
- Computer Offenses
- Immigration Fraud
A Miami Federal Criminal Lawyer with Decades of Experience
Our criminal defense law firm has years of experience defending clients in federal criminal cases at the trial level, as well as significant experience representing clients in federal appellate courts. Attorney David Edelstein is an experienced Miami federal criminal lawyer and has been a member of the United States District Court for the Southern District of Florida—which includes the cities of Miami, Fort Lauderdale, West Palm Beach, Fort Pierce, and Key West—since 1996. He became a member of the United States Court of Appeals for the Eleventh Circuit in 1997. He is also a member of the United States District Court for the Middle District of Florida, which includes Fort Myers, Tampa, Orlando, Jacksonville, and Ocala.
Miami Federal Criminal Lawyer – Frequently Asked Questions
When should I contact a Miami federal criminal lawyer?
You should contact a Miami federal criminal defense lawyer as soon as you learn that you are under federal investigation or have been contacted by a federal agent. If you receive a target letter, grand jury subpoena, or any request for an interview, it is critical to speak with counsel before you say anything.
What is the difference between a federal criminal attorney in Miami and a state criminal lawyer?
A federal criminal attorney in Miami defends cases in the United States District Court for the Southern District of Florida and the Eleventh Circuit Court of Appeals. Federal cases involve different procedures, sentencing rules, evidence issues, and agencies than state cases in Miami-Dade County. Not every state criminal lawyer has the experience necessary to handle complex federal matters.
Do I need a Miami federal criminal defense lawyer if I live out of state?
Yes. If your case is being prosecuted in the Southern District of Florida, it will be heard in a federal courthouse in Miami or another city in the district. Having a Miami federal criminal defense attorney who regularly practices in these courts and knows the local procedures can be a significant advantage, even if you live elsewhere.
Can a Miami federal criminal lawyer help before charges are filed?
Often, yes. Early intervention by an experienced federal criminal attorney in Miami can sometimes prevent charges from being filed, narrow the scope of an investigation, or put you in a better position if an indictment cannot be avoided. In many cases, what happens during the investigation phase can dramatically affect the outcome.
Additional Federal Criminal Resources
Steps in the Federal Criminal Process – A detailed explanation from the Department of Justice of how a criminal matter unfolds in federal court, broken down into 11 steps.
Federal Criminal Cases – A succinct explanation by the Administrative Office of the U.S. Courts of how a federal criminal case proceeds.
Contact an Experienced Miami Federal Criminal Lawyer
In contrast to most state criminal cases, many federal cases begin with a federal agent conducting an investigation long before any arrest is made. The agent may contact a potential defendant seeking a voluntary interview or may deliver a target letter. Unfortunately, out of fear or a desire to appear cooperative, many people speak with the agent without consulting a criminal defense attorney. This is almost always a mistake. If a federal agent has approached you or someone you love about a potential federal criminal charge in Miami, it is critical to consult with an experienced Miami federal criminal lawyer before you say anything.
CALL OUR LAW FIRM IMMEDIATELY for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist our law office in responding to your inquiry so that a federal criminal attorney in Miami from our office can review your situation and advise you on the next steps.
*Due to the large number of people who contact us requesting our assistance when facing federal charges, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.
ALWAYS INVESTIGATE A LAWYER’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A FEDERAL CRIMINAL ATTORNEY IN MIAMI DADE COUNTY OR ANYWHERE IN SOUTH FLORIDA FOR LEGAL REPRESENTATION.