This is the next post in our series on the handling of federal criminal cases in Little Rock or elsewhere in Arkansas. Our last article discussed the differences between state and federal court. It is important to understand that these are two different court systems which follow different laws, procedures, and rules. It is important that defendants hire a criminal defense attorney who is both licensed and experienced in the federal system. In this article we will be discussing the types of matters often handled in the federal system. Contact our lawyers if you find yourself accused of any such charges.
A common offense tried in the federal courts is a violation 18 U.S.C. 922(g). This is a federal provision which prohibits one from possessing a firearm if they have been previously convicted of a felony or domestic violence. One may be charged with this offense even if they did not own the gun in question. Simply “possessing” a firearm is enough to be found in violation of the law. One common issue that arises in such cases is whether the firearm was found as a result of law enforcement’s violation of a defendant’s search and seizure rights. More often than one may think, police officers will violate the Fourth Amendment to the United States Constitution and discover evidence. If such violations lead to the discovery of a firearm then your attorney can file a Motion to Suppress such evidence.
Other common offenses charged in federal court include those related to the possession of illegal pornography. Typical defenses in such matters also relate to law enforcement’s violations of one’s rights. Evidence of such conduct is typically discovered through the illegal search of one’s computer, smartphone, or other digital devices. Other defenses in such matters also revolve around first amendment issues. In the past, Congress has attempted to pass laws outlawing the possession of materials which do not actually picture children and such laws have been stricken down by the United States Supreme Court.
A third class of offense often found in federal court involves the trafficking of large amounts of narcotics. Such matters may wind up in the federal system as a result of cooperation between the F.B.I. and local law enforcement or as a result of either entity acting individually. The federal sentencing guidelines (which we will be discussing in an upcoming post) take a harsh stance against those convicted of trafficking.
Contact our Little Rock attorneys today if you have been charged with a federal crime. Our counsel have over twenty-five years of combined legal experience and are ready to assist you. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of the state.