Audrey Howitt

Many people do not understand the difference between state law criminal charges and federal criminal charges in Tulsa, Oklahoma. State law criminal charges are brought when a person is suspected of violating a state criminal law, while federal criminal charges are brought when a person is suspected of violating federal criminal law.

Both Oklahoma and the United States have specific criminal statutes, and both have criminal courts. In general, it is considered to be most serious when a person is accused of violating federal criminal law.

Oklahoma has three Federal Court Districts (Eastern, Western, and Northern). The Western District files the most cases (59%) followed by the Northern (32%). There is some overlap in the types of crimes charged in federal court, but many federal statutes cover specifically federal matters. And like state criminal courts, federal criminal courts have their own judges and juries.

Common Federal Charges

Drugs

It may come as no surprise that federal law covers illegal drugs. Drug crimes comprise 39.1% of all charges filed in federal court. Just as in the state of Oklahoma, it is a federal crime to possess, use, or distribute illegal drugs.

However, while simple possession of an illegal drug is now a misdemeanor in Oklahoma, simple possession in a federal court can result in up to a year in prison and a fine of up to $1,000 for a first offense. A second conviction can result in up to 2 years in prison and up to $2,500 in fines. 21 US Code § 844

In addition, federal law provides for enhanced prison terms of the possession of certain substances such as flunitrazepam, a powerful hypnotic drug that is a benzodiazepine derivative often used in date rape cases.

Penalties for drug trafficking convictions depend on the type of drug involved. Federal drug trafficking is defined as manufacturing, possessing with the intention to dispense, manufacturing, or distributing any amount of an illegal drug. Penalties depend in part of the type of drug involved and the amount of the drug that is involved and can run from five years to life imprisonment. 21 US Code § 841

Firearms

Federal firearms laws include various types of infractions and cases alleging violations comprise 17.2% of all federal cases filed. One of the most common concerns people who are prohibited from legally possessing a firearm and transporting it across state lines. These people include: felons; drug users or addicts; people who are subject to a domestic restraining order or who have prior convictions for domestic assault; illegal aliens and aliens who have been lawfully admitted under non-immigrant visas; fugitives from justice; and anyone who has been dishonorably discharged from military service. It is also illegal to give or dispose of any firearm to such a person. 18 US Code § 922

Firearms violations carry stiff penalties. Many possession charges carry prison terms of up to 10 years.

Federal firearms violations are often coupled with violations of other federal laws. For example, firearms violations are often coupled with drug possession and trafficking charges.

When coupled with either a drug felony or in the furtherance of another violent crime, an offender could face anywhere from five years to life in prison without parole or the death penalty if a death occurs as a result. 18 US Code § 924

Immigration

Immigration violations are also often charged in federal court and comprise 8.5% of all cases. These crimes vary and include everything from illegal entry into the United States, to attempted entry, to eluding immigration officers. These cases are misdemeanors and are punishable by fines and imprisonment — up to six months for a first offense or up to two years for a subsequent conviction. 8 US Code § 1325

Green card marriages are also illegal, but the penalties are stiffer. If you knowingly enter into a green card marriage, you are in essence, lying to the government. And if caught, you could face up to five years in prison and a fine up to $250,000.

These cases are increasing in number.

Other Common Federal Crimes

Other common federal crimes include: traffic offenses for traffic violations on federal property (7.3%); sex offenses such as child pornography (4.3%); general offenses such as white collar crimes and destruction of federal property (4.4%); fraud such as mail fraud and identity theft (4%); regulatory offenses such as violations of federal agency rules and regulations (3.1%); assault (3%); and burglary (3%).

Federal crimes tend to carry stiffer sentences, harsh fines, and strict terms even after release from prison. If you have been charged with a federal crime, you will need the help of a Tulsa criminal attorney who is knowledgeable about federal law and the federal court system.

Initial Consultation: Tulsa Federal Criminal Defense Attorney

Get the help you need. It’s time to retain a Tulsa criminal defense lawyer who is knowledgeable regarding federal law and procedure and who will look out for your legal interests. Contact a Tulsa federal criminal defense attorney at Tulsa Criminal Defense Law Firm today for a initial, confidential consultation.

A Tulsa federal criminal defense attorney can advise you on how the process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call 918-256-3400 now.

If you are new to federal charges, it can be important to understand the differences between state and federal courts. Both have their own sets of laws and sometimes those laws conflict. Both have different rules regarding jurisdiction and procedure. And these differences can sometimes help build a strong defense to a criminal matter if you have been arrested in Oklahoma.

Jurisdictional Differences for Federal Charges

Jurisdiction, the right to hear a case, can have aspects of both physical and legal issues. For many state and local criminal matters, where you are arrested dictates where your criminal matter will be handled.

For example, if you are arrested in Tulsa on a shoplifting charge, that is a violation of Oklahoma state law. You will be charged and the matter handled in the Oklahoma county court in which the crime occurred.

But if you are arrested in Tulsa for a violation of federal law such as a firearms violation or an immigration violation, your matter will be handled by the local federal district court, and federal law will govern. You will consequently receive a federal indictment in Tulsa for the crime.

Federal jurisdiction extends to a crime when that the crime occurred on federal or Indian land; involved federal officers; in cases in which the defendant crossed state lines such as in a kidnapping; where the crime occurred across state lines such as those involving the internet; or a case that involved immigration or particular federal regulations such as firearms regulations.

Federal crimes are investigated by federal agencies such as the FBI, the DEA, ATF, ICE, or the IRS.

Many matters are handled exclusively in federal courts. Federal courts handle matters that are exclusively under federal law such as interstate commerce, copyright, patent, antitrust, and some maritime matters. In those cases, federal law will always prevail.

But federal and state courts also have laws over some very similar areas such as sex offenses, child pornography, and fraud. In that case, there may be a conflict over law and jurisdiction.

The question then is whether the state or federal government files charges. While one may defer to the other, both may file charges.

Conflict of Laws Issues

While this can be a complicated subject, it is important to understand. There are times when federal and state law are in direct conflict with one another. The Supremacy Clause of Article 6 of the U.S. Constitution provides that federal law is superior when there is a conflict.

This means that federal law usually governs. However, in reality, often either the state defers to the federal government or the federal government defers to the state government.

Federal prosecutors can opt to file or decline to file federal charges in situations where both have laws that apply to the case at issue Both sovereigns — the state and the federal government — may press charges for the same crime and not be in violation of the constitutional prohibition on “double jeopardy.”

Double jeopardy prevents the same sovereign from prosecuting a person twice for the same crime. The state and the federal are separate sovereigns. Thus, both can bring charges for the same crime in certain circumstances.

Sentencing for Federal Charges in Oklahoma

In federal court, judges must adhere to federal sentencing guidelines. These sentencing guidelines are often harsher than state sentencing might be for the same or a similar crime.

Federal courts tend to have a high conviction rate and a high incarceration rate. Once sentenced, an offender will serve their time in federal prison. And there are strict terms and conditions for an offender released from prison.

Federal charges are serious, and you want serious help if you are facing them. Get help from a Tulsa federal criminal defense attorney today.

Initial Consultation: Tulsa Federal Criminal Lawyers

Get the help you need. It’s time to retain a Tulsa criminal defense lawyer who is knowledgeable regarding federal law and procedure and who will look out for your legal interests. Contact a Tulsa criminal attorney at Tulsa Criminal Defense Law Firm today for a initial, confidential consultation.

A Tulsa defense attorney can advise you on how the process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call 918-256-3400 now.

Federal prosecutors have many tools available to them. One such tool is a grand jury target letter. This is a letter that a federal prosecutor sends out to the target of an investigation. It tells the recipient of the letter that they are under investigation for having violated one or more federal crimes. If you or a loved one have received a federal grand jury target letter in Tulsa, Oklahoma here is what you need to know.

Federal Investigations and the Target Letter in Tulsa

A target is a person whom the prosecutor or grand jury believes has substantial evidence linking him or her to the commission of a crime and who may be regarded as a potential defendant.

Federal prosecutors sometimes investigate potential criminal actions for months or even years before they seek an indictment from a grand jury. This letter is a precursor to that grand jury hearing.

When a person receives a federal grand jury target letter, it is imperative that they contact a Tulsa federal criminal defense attorney as soon as possible. Prosecutors do not send these letters out unless they believe there is a good chance that the target will receive a federal indictment in Tulsa.

What a Target Letter May Contain

A target letter is addressed to the person whom the investigation is targeting. It will put the target on notice regarding the types of criminal matters the grand jury is investigating. Also, it apprises the target that they may be required to both produce evidence and testify at the grand jury hearing.

Finally, it warns the recipient that they may not destroy any evidence within their possession, custody, or control. A target letter may also contain information regarding a target’s Fifth Amendment rights and advise the target to obtain counsel.

Getting and Using Legal Help

Getting legal help is especially important in the early stages of a federal investigation. Although a Tulsa federal criminal defense attorney cannot be present with their client when the client gives testimony or produces other evidence in the grand jury proceeding, an attorney can help prepare the client for the proceeding.

An attorney can also help negotiate an early plea deal or convince a federal prosecutor to stop the investigation when the case is weak. Any early intervention can be extremely valuable to a client, as federal prison sentences are often harsher than their state counterparts.

Initial Consultation: Tulsa Federal Criminal Lawyers

Get the help you need. It’s time to retain a Tulsa criminal defense lawyer who is knowledgeable regarding federal law and procedure and who will look out for your legal interests. Contact a Tulsa criminal attorney at Tulsa Criminal Defense Law Firm today for a initial, confidential consultation.

A Tulsa defense attorney can advise you on how the process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call 918-256-3400 now.

Federal courts mandate certain minimum sentences for some crimes. Federal minimum sentencing laws in Oklahoma are not subject to judicial discretion — meaning that a judge may not sentence a defendant for an amount of time less than the mandated minimum. This is true even for plea deals and in situations where a judge may be inclined to a more lenient sentence given the circumstances.

A federal judge is free to give any sentence that is over the minimum. Here are some of the crimes subject to federal minimum sentencing laws in Tulsa, Oklahoma.

Drug Crimes

One of the biggest areas of federal minimum sentencing law is drug crimes. Minimum sentences for drugs depend on such circumstances as the crime committed, the amount of the drug involved, whether serious injury or death occurred as a result, and whether this is a first or subsequent conviction.

Federal drug crimes are governed by the Controlled Substances Act or the Controlled Substances Import and Export Act. 21 US Code § 801 et seq.

Minimum sentences range from 5 years to life in prison depending on the circumstances.

More About Federal Minimum Sentencing for Drug Crimes

On the less serious end of federal drug crimes are sentences for simple possession.

A first conviction for simple possession is punishable by up to a year in prison and a fine of at least $1,000.

A conviction for simple possession with one prior conviction is anywhere from 15 days to 2 years in prison and a fine of at least $2,500.

If you have two or more prior convictions, you could face anywhere from three months to three years behind bars and a fine of at least $5,000. 21 US Code § 844

There is another provision for those caught for the first time carrying just enough of an illegal drug for their own use. In that case, you will be subject to a civil penalty up to $10,000, but no prison time. However, this does not apply if you have been convicted of any prior federal or state drug crime.

Punishments for trafficking are more severe. To manufacture, distribute, dispense, or possess with the intent to do the same a drug such as heroin, a Schedule I drug, is against federal law. Again, the amount involved and extenuating circumstances dictate the minimum sentence imposed.

Just like Oklahoma state law, federal law uses schedules to categorize illegal drugs. The more dangerous drugs are handled in Schedules I and II.

If the amount of a Schedule I drug such as heroin, is 100 grams or more, an offender is looking at at least five years in prison. If the amount is a kilo or more, the offender could be subject to a minimum of 10 years in prison. Sentences are longer for repeat offenders and when serious injury or death results. 21 US Code § 841

Weapons Crimes

Firearms offenses and drug crimes often go hand in hand. Most federal weapons offenses involve either being caught carrying a firearm as a felon or under another prohibited classification, or offenses involve possessing, brandishing, or discharging a firearm while engaging in a crime of violence or drug distribution or trafficking crime; these are known as “924” crimes.

If caught, a felon or other person prohibited from carrying may face up to 10 years in prison. However, there is no mandatory minimum sentence for the crime. 18 US Code § 922

However, weapons offenses in connection with a violent crime or a drug crime can result in a prison term from five years to life depending on whether you are possessing, brandishing, or discharging the weapon. In addition, this prison time is added to any prison time attached to the associated violent crime or drug crime. 18 US Code § 924

For a second offense, the mandatory minimum sentence is 25 years to life.

Federal Minimum Sentencing for Immigration Crimes

Most immigration crimes involve either illegal entry (8 US Code § 1325) or illegal re-entry (8 US Code § 1326) into the United States. Immigrants who enter illegally are prosecuted and deported.

Mandatory minimum sentences adhere to people within the United States who illegally aid or bring in aliens whom they believe or should have reason to believe will commit a felony or be used for commercial or private financial gain. If convicted, the crime carries a mandatory minimum prison sentence of three to five years. 8 US Code § 1324

White Collar Crimes: Aggravated Identity Theft

Aggravated identity theft is a federal crime. The statute prohibits a person from knowingly transferring, possessing, or using identifying information belonging to another without authority in connection with a federal law violation of another felony. When identity theft occurs in this manner, the mandatory minimum sentence is two years in prison.

Also, federal law prohibits such use of identifying information in connection with terrorism offenses. This crime is punishable by at least five years in prison. 18 US Code § 1028A

By its nature, the crime of identity theft involves at least two crimes — the identity theft itself and the crime with which the identity theft was used.

In addition, sentences for this crime must be served consecutively rather than concurrently. That means if a person is convicted of two separate crimes, the sentence for the first crime must be fully served before the sentence for the second crime can begin to run.

Federal Minimum Sentencing for Sex Crimes

Sex crimes are most often handled at the state court level. However, there are instances when sex crimes are federal violations. For example, when a sex crime occurs on federal land, the matter is then handled in federal court. This is the case with sexual assaults that occur in federal prison and on other federal land.

When child pornography is transmitted on the internet or across state lines, the matter is treated as a federal sex crime. And when sex crimes somehow involve commerce or travel across state lines, they come under federal jurisdiction.

While this area of the law encompasses a number of different crimes, the mandatory minimum sentences are all harsh.

Aggravated sexual assault is punishable by any number of years up to life in prison.

If the assault involves a child under 12, an offender could face 30 years for a first offense and life in prison for a second offense. 18 US Code § 2241

Sex trafficking of a child with no force involved mandates 10 years in prison. If force is involved, an offender will face at least 15 years in prison. 18 US Code § 1591

Child pornography mandates at least 15 years in prison, 25 years if you have one prior conviction, 30 years if you have two prior convictions, and 35 years if death results. 18 US Code § 2251

These crimes are serious. If you are facing federal charges that involve a mandatory minimum sentence, you must speak to a Tulsa federal criminal defense lawyer as soon as possible.

Initial Consultation: Tulsa Felony Defense Lawyer

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa felony defense lawyer to discuss your available legal options.

Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

Federal Indictments: A Serious Matter

Most federal criminal proceedings begin with a federal indictment. Its Oklahoma state court equivalent is a warrant.

If you are facing a federal indictment, you will need legal help from a Tulsa felony attorney. Here is what you need to know about a federal indictment, how to deal with it, and its impact on your life and freedom.

How Do Prosecutors Get a Federal Indictment?

Federal indictments are obtained when a federal prosecutor presents evidence to a grand jury specially convened to hear that evidence. Federal prosecutors are in charge of the evidence that is presented to a grand jury. The defendant has no right to confront the evidence or witnesses presented to a grand jury.

The grand jury must find that there is probable cause to bind the defendant over for trial. Probable cause is a lower burden of proof than that used in criminal trials, which usually require a showing of beyond a reasonable doubt.

Sometimes an arrest may come before an indictment. But if an investigation has been ongoing, it may be that an indictment comes before the arrest.

What a Federal Indictment Includes

A federal indictment is a document issued by federal prosecutors that outlines the charges being brought against a person. It contains the name of the person and the charges that are being brought.

The indictment is issued by the District Court that will extend jurisdiction over the person who is being charged. It is usually issued after a grand jury has heard the initial evidence brought by a federal prosecutor. The grand jury decides whether there is sufficient evidence presented to bind a person over for trial.

The indictment contains the court docket number and all of the “counts” or charges that are being brought. Each count is usually supported by one or more paragraphs containing facts in support of the count or charge being brought.

A federal indictment must allege facts in support of a federal crime. If the facts support a state crime, the indictment may be invalid.

The language used in a federal indictment may be confusing and it is important to understand the indictment. Therefore, it is helpful to speak to an attorney if you are facing an indictment.

Also, most federal indictments are for felonies rather than misdemeanors. Federal penalties are often harsher than are penalties for the same crime at the state level.

Initial Consultation: Tulsa Criminal Attorney

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal attorney to discuss your available legal options.

Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.