Tacoma Defense Attorneys for Federal Charges
If you are charged with a federal crime in Tacoma or Seattle, your case may be prosecuted in the United States District Court for the Western District of Washington. Federal criminal cases operate under different statutes, procedural rules, and sentencing systems than cases filed in Washington state courts.
Attorneys must be separately admitted to practice in the Western District of Washington. The court maintains its own attorney admission requirements.
Federal charges can arise from conduct specifically prohibited by federal law, but they can also involve conduct that might ordinarily be prosecuted under state law. For example, an offense committed on federal property such as Joint Base Lewis-McChord may fall within federal jurisdiction. In certain circumstances, the federal Assimilative Crimes Act, 18 U.S.C. § 13 allows applicable state criminal law to be used for conduct on federal property when Congress has not created a separate federal offense covering the conduct.
Other federal cases may involve allegations such as drug trafficking, firearms offenses, fraud, crimes crossing state lines, or conduct investigated by federal agencies.
Federal Criminal Law Is Different From Washington State Criminal Law
Federal and state criminal cases share many constitutional protections, but the governing law and procedures are not identical.
A person prosecuted in Washington state court may receive protections under both the Fourth Amendment to the United States Constitution and Article I, Section 7 of the Washington Constitution. Washington courts have recognized that the state constitution can provide broader privacy protections than the federal Constitution in some circumstances.
A federal prosecution is governed primarily by the United States Constitution, federal statutes, the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and federal case law.
Federal criminal cases also have their own procedures for discovery, motions, detention, plea negotiations, trial, and sentencing. Deadlines and procedural requirements can matter significantly. Failing to raise an issue properly or on time may limit the ability to challenge evidence or pursue a particular defense later.
That is why experience with the federal court system matters.
Know What You Will Be Up Against
Federal criminal investigations are often handled by agencies such as the FBI, DEA, ATF, Homeland Security Investigations, or military investigative agencies.
The United States Department of Justice explains that federal investigators collect evidence and work with prosecutors in the United States Attorney’s Office during criminal investigations. More than one agency may participate in a single investigation.
Federal investigators may use search warrants, subpoenas, surveillance, interviews, electronic records, financial records, cooperating witnesses, and other investigative tools depending on the allegations.
If federal agents want to question you, the fact that they work for a federal agency does not eliminate your constitutional rights. You still have the right to remain silent and the right to speak with an attorney. Statements made during an investigation can become important evidence later.
Smith & White can help evaluate the investigation, explain what federal agents may be looking for, and determine how best to protect your interests before charges are filed or after a federal case has begun.
Be Prepared for the Federal Criminal Justice System
Federal criminal cases are prosecuted by Assistant United States Attorneys rather than county or city prosecutors.
Federal prosecutors work closely with investigative agencies and often become involved while an investigation is still developing. Federal cases may involve extensive records, electronic evidence, financial information, expert testimony, or evidence collected over a long period.
The federal court process is also different from the process used in Washington state courts. A case may involve an initial appearance, detention proceedings, arraignment, discovery, pretrial motions, plea negotiations, trial, and sentencing.
Federal sentencing presents its own set of issues. Courts may consider federal statutes, mandatory minimum sentences where applicable, the United States Sentencing Guidelines, the defendant’s criminal history, and the circumstances of the offense.
The differences do not necessarily mean every federal case is more serious than every state case, but federal prosecution can expose a defendant to significant penalties and requires careful attention to federal law and procedure.
When Does a Crime Become Federal?
A crime can become a federal matter when the alleged conduct violates a federal criminal statute or falls within an area of federal jurisdiction.
Examples can include:
- Drug trafficking offenses
- Certain federal firearms offenses
- Mail and wire fraud
- Bank fraud
- Securities fraud
- Certain kidnapping offenses
- Crimes involving interstate activity
- Offenses committed on qualifying federal property
- Certain immigration-related offenses
- Crimes involving federal agencies, federal programs, or federal property
Some conduct can violate both state and federal law. The Department of Justice notes that in those situations, federal and local authorities may work together in deciding whether a matter will be prosecuted in state or federal court.
What Defenses May Be Available in a Federal Criminal Case?
The defense depends on the particular charge and evidence, but federal criminal defenses can involve several different approaches.
A factual or substantive defense may challenge whether the government can prove an element of the alleged offense.
A procedural defense may challenge how investigators obtained evidence or whether federal agents followed required procedures.
Constitutional defenses can involve violations of rights protected by the United States Constitution, including unlawful searches or seizures, compelled statements, or violations of the right to counsel.
Some cases may also involve affirmative defenses such as duress, necessity, self-defense, or another legally recognized justification depending on the charge and circumstances.
More than one defense may apply in the same case. A careful review of the indictment, investigative reports, warrants, statements, electronic evidence, and other discovery is often necessary before determining which issues may be important.
Who Investigates and Prosecutes Federal Crimes?
Federal law enforcement agencies generally investigate suspected violations of federal law.
Depending on the allegations, the investigation may involve agencies such as:
- Federal Bureau of Investigation (FBI)
- Drug Enforcement Administration (DEA)
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
- Homeland Security Investigations (HSI)
- Internal Revenue Service Criminal Investigation
- United States Postal Inspection Service
- United States Secret Service
- Military investigative agencies
These agencies gather evidence and work with federal prosecutors. They do not ordinarily prosecute criminal cases themselves.
Federal criminal prosecutions are generally handled by attorneys within the United States Department of Justice, including Assistant United States Attorneys in the applicable federal district. The DOJ provides an overview of the relationship between investigators and prosecutors in its federal investigation guide.
Where Are Federal Crimes Tried in Western Washington?
Federal criminal cases arising in this region are generally heard in the United States District Court for the Western District of Washington.
The Western District has federal courthouses in both Seattle and Tacoma. Which location handles a particular case can depend on where the alleged conduct occurred and the court’s venue and case-assignment rules.
Appeals from the Western District of Washington generally go to the United States Court of Appeals for the Ninth Circuit.
Smith & White Can Help With a Federal Criminal Case
Federal criminal cases can involve unfamiliar procedures, extensive investigations, complicated evidence, and serious potential penalties. Having an attorney who is admitted to the federal court and understands the differences between state and federal criminal practice can be important from the earliest stages of an investigation.
Attorney James White is admitted to practice in the United States District Court for the Western District of Washington and has decades of criminal defense experience. Smith & White can evaluate the allegations, review the government’s evidence, challenge improper investigative methods when appropriate, and help clients understand what to expect throughout the federal criminal process.
If you are under federal investigation or have been charged with a federal crime in Tacoma or the surrounding area, contact Smith & White as early as possible.
We can be reached through our online form or by calling (253) 203-1645 to set up a meeting.