Dallas Federal Criminal Defense Lawyers
Aggressive Defense Against Criminal Charges in Texas
An experienced and reputable attorney can be an effective weapon in fighting criminal charges in federal court. At the Law Office of Patrick J. McLain, PLLC, we offer our clients legal advice, guidance, and representation backed by over 30 years of courtroom experience.
Our defense team is led by Patrick McLain, a former federal prosecutor, criminal court judge, and U.S. Marine Corps officer. He knows what you are up against and what it takes to win a fight, inside and outside the courtroom.
Our experienced criminal defense lawyers in Dallas can guide you through the legal process and protect your rights at every opportunity.
Call the Law Office of Patrick J. McLain, PLLC today at (214) 238-9392 or contact us online to schedule a meeting with our federal criminal defense attorney in Dallas! Se habla español.
What Is a Federal Crime?
Generally, a federal crime is a transgression that violates the United States federal legal codes. An offense is also considered a federal crime if it crosses state lines. When a crime traverses the boundaries of one or more states or involves federal property, it falls under the jurisdiction of federal courts.
Federal offenses tend to carry penalties more severe than state-level offenses and are prosecuted by government agencies such as the Drug Enforcement Agency and the IRS.
Having a federal criminal defense lawyer on your side can be invaluable if you’ve been charged with a federal crime. Our attorneys understand how the prosecution gathers evidence and builds your case accordingly, protecting your freedoms and providing an aggressive defense.
Federal Crime Cases We Handle
We handle a wide range of federal crimes, including:
- Arson
- Extortion
- Tax Crimes
- Drug Charges and Drug Trafficking
- Assault Crimes
- Computer Fraud and Internet Crimes
- Computer Hacking
- Credit Card Fraud
- Healthcare Fraud, including Medicaid and Medicare Fraud
- Insurance Fraud
- Investment Fraud
- Accounting Fraud
- Bank Fraud
- Business Fraud and Theft
- Business Opportunity Fraud, including Telemarketing Fraud
- Social Security Fraud
- Mortgage Fraud
- Money Laundering
- Embezzlement
- Federal Weapons Charges
- Illegal Alien Smuggling
- Real Estate Fraud
- Securities Fraud, including Stock Fraud & Insider Trading
- Mail Fraud
- Wire Fraud
- Foreign Corrupt Practices Act
- Federal Sex Crimes
Various government agencies can be involved during a federal investigation, including:
- FBI
- DEA
- ATF
- IRS
- Office of Inspector General
- US Postal Inspection Services
- U.S. Secret Service
- Immigration & Customs Enforcement
- Customs & Border Patrol
- Joint Terrorism Task Force
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“The experience, passion and most importantly the care provided cannot be beaten.”
“I would get consistent phone calls making sure that I was okay mentally, and not letting myself get painted as a number or a problem despite my command's efforts.”- John -
“Best attorney”
“Mr. Patrick McLain equals instant and good results for you. Hiring Mr. Patrick McLain is the best decision I had made throughout my military career.”- Master Sergeant Michael A Heath Jr. -
“A Marine through and through. He is dedicated to taking care of his clients.”
“He is an excellent lawyer who gives his all for you and gets things done. He has a no-nonsense approach that gets you results.”- Scott S. -
“First class lawyer!!!!!”
Patrick saved my career and my life by proxy, he did everything and more you would HOPE for from a lawyer. Patrick is what you need if you want to win your case!- David L. -
“If anyone needs an attorney that will stand with you during your time of trouble, look no further.”
“Patrick has truly become a good friend and if anyone needs an attorney that will stand with you during your time of trouble, look no further. Patrick J. Mclain is this man.”- Child Abuse Client
Can I Face Charges in Federal & State Court?
The United States Constitution’s Fifth Amendment protection against double jeopardy prevents an individual from being tried twice for the same offense; however, it does not apply when separate sovereign entities bring forth charges for the same crime. This is due to something called the “dual sovereignty doctrine.”
The dual sovereignty doctrine establishes that a state government and the federal government are separate sovereigns, each with its laws and associated penalties. If a crime violates state and federal law, you can be theoretically charged in both state and federal court; however, this is not likely. In most cases, legal professionals working for the state and federal government will determine at which level you will be charged.
The Federal Investigation Process
A federal investigation is initiated when authorities have reason to believe that a federal crime has been committed. This process typically commences before any charges are formally filed and can span weeks, months, or even years.
During a federal investigation, the federal government, employing the resources of agencies like the FBI, DEA, or IRS, gathers evidence related to an alleged crime. This evidence collection can involve various activities, from executing search warrants and conducting surveillance to interviewing witnesses and suspects.
The collected evidence is then presented to a federal prosecutor, who reviews it to decide whether there’s sufficient proof to justify charging someone with a federal crime. The decision to proceed with charges can lead to a federal grand jury indictment, a group of citizens convened to evaluate the strength of the prosecutor’s case.
The gravity of being the subject of a federal investigation cannot be overstated. Such a situation demands a careful and strategic response guided by an understanding of federal law and procedure. Our team can help you through the process, from the first sign of an investigation to your case’s conclusion.
Understanding The Federal Court System
The United States federal court system is a complex network of courts with jurisdiction over matters involving federal law. These courts function independently of state and local courts and have their own rules and procedures.
The federal court system encompasses three levels:
- U.S. District Courts are the trial courts of the federal system. They handle a wide range of cases, such as violations of federal laws, constitutional disputes, cases involving the U.S. government, and more. If you are charged with a federal crime, your case will begin in a U.S. District Court.
- The U.S. Courts of Appeals, or Circuit Courts, hear appeals from the District Courts. If you lose your case at the trial level, you can appeal the decision to one of these appellate courts. There are 13 Circuit Courts, twelve of which are geographical circuits. The Fifth Circuit covers Texas.
- The federal court system's highest court is the United States Supreme Court, which hears a small percentage of cases from the U.S. Courts of Appeals. This court has the final say on matters of federal law, including the U.S. Constitution.
Potential Consequences of a Federal Crime Conviction
The consequences of a federal crime conviction can be significant and often include both immediate and long-term effects. Immediate consequences may include federal imprisonment, substantial fines, and mandatory restitution to victims. However, the impact extends beyond these punishments. In some cases, a federal conviction can lead to the forfeiture of specific legal privileges, such as the ability to hold public office, serve on a jury, or own a firearm.
A criminal record can create obstacles in various aspects of life, such as securing employment, obtaining housing, or receiving specific licenses. Federal crimes are also often subject to mandatory minimum sentences, which restrict a judge’s discretion in sentencing.
Contact Our Dallas Federal Criminal Defense Attorney Today
Our Dallas federal criminal defense attorneys take pride in their legal services. They have the resources and experience to handle even the most complex criminal matters.
Our clients rely on us to protect their lives, reputations, and freedoms when the stakes are at their highest. When you or someone you love faces charges in a federal court, don’t hesitate to contact a powerful advocate at the Law Office of Patrick J. McLain, PLLC.
Contact the Law Office of Patrick J. McLain, PLLC, today to schedule a meeting with our federal criminal defense lawyer in Dallas!
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 214-238-9392 today!
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How is a target letter delivered?
A target letter is typically sent via certified mail or is hand delivered by a federal law enforcement agent, such as the FBI or ATF.
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Are they required to send me a target letter in order to indict me?
No, a target letter is not required in order to indict an individual in federal court. While a target letter is often used to coax you to cooperate, it is not essential. A prosecutor can forego a target letter if they believe notification of pending charges would be detrimental to the investigation or prosecution of the case, such as the destruction of evidence, endangering witnesses, or the potential for flight.
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What happens if I ignore a target letter?
Ignoring a target letter can lead to severe consequences for you, including an increased likelihood of indictment and arrest. It may also result in a loss of opportunity to negotiate a favorable outcome such as immunity or a reduced sentence. This problem will not go away without high-quality legal help.
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How long do I have to respond to a target letter?
The timeframe for responding to a target letter can vary. Department of Justice guidelines encourage federal prosecutors to notify targeted individuals a “reasonable” amount of time before an indictment in order to give you an opportunity to cooperate. It will be a deadline from the date of the target letter (usually less than 30 days), and other times it will be a specific date. No matter how far away the deadline is, it is advisable to act quickly in seeking legal assistance as delaying can negatively affect your situation by limiting your options.
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Can I negotiate with the prosecutor without an attorney?
This is foolish. Any information you divulge to federal prosecutors and law enforcement can and will be used against you in future criminal proceedings. An important value of a criminal attorney is in insulating you from the investigation as much as possible and negotiating a favorable resolution. Without an attorney representing you in these negotiations, there is no guarantee that any promises of immunity will be upheld or that any information you provide will be leveraged to your benefit.
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How should I respond to a target letter?
You should respond to a target letter by first consulting with an experienced federal criminal attorney. They will guide you on the appropriate steps to take. This would include the attorney contacting the prosecutor's office and discussing the possibility of negotiating or cooperating with the federal grand jury.
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Can I refuse to cooperate after receiving a target letter?
Yes, you have the right to refuse to cooperate with the grand jury and/or the federal prosecutor. This decision should only be made after consultation with your attorney. In some cases, cooperation may be beneficial to you as a means to avoid indictment, to secure a favorable plea agreement, to avoid jail time or receive immunity. In other cases, cooperation would be a detriment to your defense.
If you elect to speak before a federal grand jury, you would be required to explicitly waive your 5th Amendment privilege against self-incrimination and consent to full examination under oath. These responses would be on the record and used in any future prosecutions against you.
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Does receiving a target letter mean I will be indicted?No, receiving a target letter does not guarantee that you will be arrested or indicted, but the risk is very high. While a target letter indicates that the government believes it has evidence linking you to a crime, it is possible that you can be reclassified as a witness or have the case against them closed with the assistance of their attorney. This is why your first priority should be to get legal help immediately.
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What should I do if I receive a target letter?
If you receive a target letter, the most important thing to do is to consult with a criminal defense attorney experienced in federal criminal law as soon as possible. Do not ignore the letter or attempt to respond without legal advice. In most cases, the target letter will encourage a recipient to do that, to hire an attorney before meeting with the prosecutor.
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What is a target letter?
A target letter is a formal notice from a federal prosecutor informing you that you are the target of a federal grand jury investigation for possible violations of federal law, particularly in “white-collar” cases. It will often state which statutes the recipient is believed to be in violation of and that the U.S. government is considering charging you with a federal crime. Typically, there will be an invitation to appear at the grand jury to testify or meet with the federal prosecutor to discuss the charges against you and possibly negotiate a plea agreement prior to indictment.