Vero Beach Federal Criminal Defense Lawyer

Federal Charges Are Serious 

The Federal government has significant resources allowing experienced federal prosecutors to carefully develop their cases.  If convicted, federal penalties can be extremely harsh.

There is no parole in the federal system.  Federal parole was abolished for offenses committed after November 1, 1987.  A federal sentence is served at about 85% of its length, with credit for good conduct.  There is no parole board to appeal to later.

Detention before trial is common.  In several categories of federal cases, the law presumes you should be held until trial. Your lawyer must overcome that presumption at a hearing that may occur within days of arrest.

The government’s resources are substantial.  Federal prosecutors have access to significant resources that could include grand jury investigations, wiretaps, experts to review phones along with computers, and co-defendants that have already signed cooperation agreements.  The Federal prosecutors’ cases tend to be well-resourced and fully developed.

Sentencing is its own contested proceeding.  The advisory United States Sentencing Guidelines produce a recommended sentencing range based on the seriousness of the offense and the defendant’s criminal history.  Federal sentences can be very harsh so contesting a sentencing calculation, even in cases that resolve by plea agreements, is essential to protect a client.

Federal cases tend to be complex.  Accordingly, a careful strategy must be developed, motions must be filed to set the conditions for trial, and effective legal representation is essential.

Vero Beach Federal Cases Are Heard in Fort Pierce

The Fort Pierce Division of the Southern District of Florida

Florida has three federal judicial districts. Vero Beach and all of Indian River County fall within the Southern District of Florida.

Within the Southern District, cases arising in Indian River County are assigned to the Fort Pierce Division, which also covers St. Lucie, Martin, Okeechobee, and Highlands counties. Court is held at the Alto Lee Adams, Sr. United States Courthouse, 101 South U.S. Highway 1, Fort Pierce — roughly 25 minutes south of our Vero Beach office.

Appeals from the Southern District go to the United States Court of Appeals for the Eleventh Circuit in Atlanta. Mr. Heritage is admitted before that court as well, which means a case does not have to change hands if it goes up on appeal.

Federal Case Results

Federal criminal defense is one part of a broad practice built over 26 years completing more than 1,500 cases. The federal matters below are drawn from     Mr. Heritage’s practice in the United States District Court for the District of Alaska.

Federal Agents Caught Monitoring Privileged Attorney-Client Calls

United States District Court, District of Alaska 

Charges: possession of heroin with intent to distribute, and carrying a firearm during and in relation to a drug trafficking crime under 18 U.S.C. § 924(c).

During the defense investigation,                  Mr. Heritage discovered that the FBI was conducting surveillance on confidential telephone communications between the client and his attorney. The case resolved on favorable terms, despite the Defendant facing 15 years to life in prison.

The attorney-client privilege is not a formality. Finding a violation of it requires knowing what to look for and being willing to keep looking after the government has produced its file.

Drug and Money Laundering Conspiracy Resolved at 30 Months

United States District Court, District of Alaska 

Charges: conspiracy to distribute and to possess with intent to distribute controlled substances, and money laundering conspiracy.

A federal drug conspiracy charge carrying an accompanying money laundering count exposes a defendant to substantial prison time under the sentencing guidelines.  The Defendant was facing a sentence in excess of 10 years, but the case was successfully negotiated  to a 30-month sentence.

Prior results do not guarantee or predict a similar outcome in any future case. Every case is different and depends on its own facts.

What Happens in a Federal Criminal Case

Investigation and Pre-Indictment

Agents build the case and a grand jury may issue subpoenas.  At this stage, an effective defense lawyer can contact the Assistant U.S. Attorney, preserve evidence, conduct a defense investigation, and advocate for the client before a charging decision is final.

Arrest, Initial Appearance, and Detention

After indictment or a criminal complaint, you appear before a magistrate judge, usually within a short period of time. A detention hearing follows. Under the Bail Reform Act, the Judge considers the Defendant’s risk of flight and danger to the community.  In certain drug and firearms cases, detention is presumed, meaning the defense carries the burden of rebutting it. Preparing a documented release plan with verified employment, residence, and sureties is critical at this stage.

Discovery and Pretrial Motions

The government produces its evidence.  An effective lawyer reviews wiretap applications, search warrant affidavits, agent reports, forensic extractions, and recorded communications, searching for Fourth Amendment violations, Miranda violations, chain-of-custody failures, and privilege violations to develop potential suppression motions.  A successful suppression motion can end a case.

Plea Negotiation

Statistically, most federal cases resolve by plea.  Accordingly, an effective lawyer must be able to negotiate while concurrently preparing the case for trial.  

Trial

A federal conviction requires a unanimous verdict from 12 jurors and proof beyond a reasonable doubt on every element.

Sentencing

The U.S. Probation Office prepares a Presentence Investigation Report (PSR).  An effective lawyer reviews the sentencing calculations, files objections to the PSR, prepares evidence for mitigation, and moves for a sentence below the USSG range using the factors specified under the 18 U.S.C. § 3553(a).  Sentencing is a contested proceeding and deserves the preparation of a trial.

Federal Sentencing: Guidelines, Mandatory Minimums, and Reductions

The Sentencing Guidelines are advisory rather than binding, but they anchor the court’s analysis, so the calculation is contested agressively.  During sentencing, many factors must be considered to include:

• Offense level disputes — drug weight and drug type;
• Enhancements — firearm possession, leadership role, obstruction;
• Criminal history category — prior convictions are sometimes miscounted;
• Acceptance of responsibility — a reduction available on timely resolution;
• Safety valve — relief from certain drug mandatory minimums for defendants meeting statutory criteria;
• Substantial assistance — a government motion under USSG § 5K1.1 permitting a sentence below a mandatory minimum;
• Variances — arguments under 18 U.S.C. § 3553(a) for a sentence below the guidelines based on history and characteristics, including military service

Successfully challenging the government’s sentencing recommendation and the USPO’s sentencing recommendation can reduce a Defendant’s sentence by years.  

Frequently Asked Questions About Federal Charges in Florida

Which federal court handles Vero Beach cases?

The United States District Court for the Southern District of Florida, Fort Pierce Division, at the Alto Lee Adams, Sr. Courthouse, 101 South U.S. Highway 1, Fort Pierce.  The Fort Pierce Division covers Indian River, St. Lucie, Martin, Okeechobee, and Highlands counties.

Can I be charged in both state and federal court for the same conduct?

Yes. Under the dual sovereignty doctrine, the state and federal governments are separate sovereigns, so prosecution by both does not violate double jeopardy.  In practice one sovereign usually defers, but that is not guaranteed, and a state resolution does not automatically foreclose federal exposure.

Should I talk to federal agents if I have nothing to hide?

Not without a lawyer present.  Lying to a federal agent is a separate felony under     18 U.S.C. § 1001, and honest people misremember details under pressure. Politely declining until you have counsel is your right and cannot be used against you at trial.

Is there parole in the federal system?

No. Federal parole was abolished for offenses committed after November 1, 1987.  Federal defendants generally serve approximately 85% of the imposed sentence, with credit for good conduct.

Will I be held in jail until trial?

Not necessarily, but detention is more common in federal court than in state court.  At the detention hearing, the magistrate judge considers flight risk and danger to the community. Certain drug and firearms offenses carry a statutory presumption favoring detention that the defense must rebut, which is why a documented release plan prepared before a detention hearing is critical.

What does a federal criminal defense lawyer cost?

Heritage Law Firm handles federal matters on either a flat fee or an hourly basis at $300 per hour, depending on the case. There is no charge for the initial consultation. Fees are discussed openly before you commit to anything.