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When faced with a federal investigation—or even after they are arrested—people have a lot of reasons for not calling an attorney right away. Often, they are so sure that their innocence is clear, and the charges will be dropped, they think they don’t need an attorney. Sometimes, people think hiring an attorney will make them look guilty. Unfortunately, they couldn’t be more wrong. The reality is, the earlier in the process you call a federal defense attorney, the better off you will be.

How Do You Know When You Need an Attorney?

As soon as you know—or even suspect—that you are the target of a federal investigation, you should talk to an attorney. Working with a federal defense attorney from the very beginning could save you a world of trouble, including:

Saying Or Doing The Wrong Thing

When you are under investigation for a federal crime, the smart move is to have an attorney speak for you, even if you are completely innocent. Without legal advice, you could say something that hurts your defense without realizing it.

Going To Jail

If you are charged with a violent crime or serious drug offense, you may be denied bond and held in pretrial detention. You do not want to go to a detention hearing without legal representation. In some cases, your defense attorney may be able to get you released on bond.

Giving Up Your Rights

Defendants who are not aware of their legal rights often give them up inadvertently. An experienced federal defense attorney will understand your rights and do everything he can to protect them throughout the criminal process.

When you are facing federal charges—whether it’s a white collar crime or a drug offense—the odds are stacked against you. An investigation and arrest should be taken very seriously. Hiring the best attorney you can afford as soon as possible is the best way to protect your rights and get a shot at a fair trial. If you are facing a criminal charge in federal court, we should talk.

Have You Been Charged With A Federal Crime?

If you’ve been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

After you surrender or are arrested by federal law enforcement, you will immediately (usually within 24 hours) be brought before a United States Magistrate Judge for your initial appearance (this may also be referred to as ‘first appearance’). You should note that initial appearances occur before a Magistrate Judge and take place the business day after the arrest or surrender. At this hearing the judge will read, explain, or list the offense(s) that you are being charged with.  You will be informed of your rights and the judge will ask whether you are able to hire a lawyer to represent you or if you would need a court-appointed lawyer.  In order to have a lawyer appointed by the court, you will have to qualify for one based on your responses to the court’s questions and by demonstrating a need given a lack of financial resources to retain counsel.

If you have already hired a federal criminal defense attorney to represent you, they will likely appear on your behalf at the initial appearance and inform the court as to the scope of representation (i.e. whether they’re representing you for the initial appearance and bond purposes or if they are entering a permanent appearance to be your lawyer through the end of the case).

In addition to sorting out that you are the person named on the criminal charging document as well as who your legal counsel will be, the court will then address the issue of bond.  At the initial appearance you can either receive a bond and be released (either one set by the Magistrate Judge or as part of an agreement between your lawyer and the government), or the government may ask for pretrial detention.  In this case, a detention hearing will usually be set no later than five (5) days from the date of your initial appearance.

If you are here today because you feel frustrated about an upcoming initial appearance in federal court or issues having to do with bond and pretrial release and it is disrupting your life, we should talk.

Have You Been Charged With A Federal Crime?

If you’ve been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

The term “white collar crime” applies to a variety of non-violent financial crimes committed by professionals who are often positioned inside the institution from which they are stealing. These crimes include embezzlement, identity theft, money laundering, insider trading, mail and wire fraud, and tax evasion. Investigations into these crimes can be conducted by local or state authorities—resulting in state charges—or by federal authorities such as the FBI—resulting in federal charges. It is important to understand who is charging you because the consequences you face could be dramatically different.

When Does a White Collar Crime Come Under Federal Jurisdiction?

The perpetrator of a white collar crime has often broken both state and federal laws. Whether state or federal prosecutors pursue the charges depends on the specific situation. If the criminal activity takes place in more than one state, the charges will likely come from federal authorities. For example, wire or mail fraud could be charged as a federal crime if the defendant has targeted victims outside of Florida. Investigations into suspected white collar criminal activity can be initiated by either local or state police or by the FBI and could be passed from one authority to the other at any point. A white collar crime that involves a great deal of money or many victims could be upgraded to a federal charge even if it does not cross state lines.

Does it Matter Whether I am Charged in State or Federal Court?

Because the consequences for federal crimes can be much more severe than the consequences for the same crime at the state level, it does matter which court is charging you. In addition, not all criminal defense attorneys take federal cases. If you are being investigated for a white collar crime in Florida, you should be working with an attorney who handles both state and federal cases. When you meet with Attorney Daniel Izquierdo for a free 4-Point Case Evaluation and Defense Strategy Session, he will help you understand the differences between state and federal charges and will be prepared to defend you in either court. If possible, he will fight to keep your charges in state court to avoid harsh federal sentencing requirements.

Have You Been Charged With a Federal Crime?

If you’ve been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

What is typically known as “getting out on bail” in state criminal cases is often called “pretrial release” in federal cases. Whether you will be granted a release in your federal case will depend on a number of factors. The first and probably most important thing you can do to increase your chances of being released until your trial is to hire an experienced federal criminal defense attorney. When you work with the Izquierdo Law Firm in Miami, you can be sure that we will do everything we can to get you released.

What the Courts Will Consider When Granting a Release

Federal courts are generally in favor of pretrial release, particularly for first-time and nonviolent offenders. In order to have you held in jail until your trial, a federal prosecutor will have the burden of proving with clear and convincing evidence that you:

• Are likely to flee
• Are a danger to the community
• Have a criminal history
• Are most likely guilty, based on the weight of the evidence against you
• Violated probation or parole

In Florida, most defendants in federal drug cases are considered to be a danger to the community and are unlikely to be granted pretrial release. If the prosecutor argues that you should be held in jail, your defense attorney will have to counter the evidence presented at the detention hearing. If he is unsuccessful, you will be held in federal prison until your trial.

Conditions of a Federal Pretrial Release Program

If you are granted a release, it is up to the judge in your case to set the conditions. The terms of your release can include any or all of the following:

• Executing a bond
• Being supervised by a third-party custodian, which could be a family member
• Looking for or retaining a job
• Not traveling outside the local area
• Wearing a GPS monitor
• Submitting to regular drug testing
• Complying with any other conditions the judge imposes

If you violate any of the conditions set for you, your release will be revoked, and you will be sent to prison to await trial.

Hire the Best Federal Defense Attorney You Can Afford

Attorney Danny Izquierdo understands the importance of obtaining a pretrial release and will do all he can to fight for your freedom. It can take months for your trial to be scheduled, and sitting in prison is the worst place you could be while you wait. If you are arrested and charged with a federal crime in the Miami area, contact Danny as soon as possible as for a free case evaluation. He will also explain your chances of getting a pretrial release.

An unexpected visit to your Miami home from FBI or DEA agents is not usually a welcome surprise. Whether you were aware of a federal investigation involving you or not, understanding your rights and obligations when agents come to your home or office is key to avoiding more trouble than you may already be in.

Do They Have a Warrant to Search Your Home?

When you answer a knock on the door and find federal agents standing there, the first thing you should do is confirm that they are who they say they are and find out why they are there. You are well within your rights to ask to see identification if it is not offered. Also, ask for a business card—your attorney will need this later. If they do not have a search warrant and are just there to gather information, step outside and close the door. Be calm, polite, and respectful, but do not answer any questions beyond identifying yourself. You have a right to refuse to answer questions without an attorney present, and you would be smart to exercise this right at this time.

If the agents do have a warrant to search your home, you will be obligated to allow them to enter. However, you should take the following steps to protect yourself:

• Read the warrant and understand the parameters. Agents cannot overstep what is covered in the warrant. Does it cover the whole house or just your home office? Does it include computers and other electronic devices?
• Do not interfere with the search or allow family members to interfere or you could be charged with obstruction of justice. Remain calm, keep your hands visible, and do not make sudden movements or leave the room without permission.
• If the agents have an arrest warrant, be cooperative and follow their instructions.
• Ask permission to call your attorney before the search. If they do not grant permission, wait until the search has been completed.

If you do not already have a federal criminal defense attorney representing you, now is the time to find one.

Contact Danny Izquierdo as Soon as Possible If You’ve Been Presented With A Federal Search Warrant

If you live in the Miami area, contact Izquierdo Law Firm immediately if you have been served with a federal search warrant. You can schedule our free 4-Point Case Evaluation and Defense Strategy Session by calling (305) 707-7345. In this day and age, even innocent people need a strong defense attorney. Do not take chances with your freedom. Call us as soon as possible.

Any form of intentional misrepresentation or deception for gain is considered fraud, and it is illegal. Where mortgages are concerned, fraud can be committed by individuals in obtaining a single mortgage, or by an organization in the form of predatory lending, foreclosure rescue scams, and mortgage reduction scams. While the FBI tends to focus on the fraud committed against borrowers by institutions and their employees, you could be charged with mortgage fraud as an individual as well. We take a look at how consumers get caught up in mortgage fraud to help you avoid unknowingly committing a serious crime.

Lying on an Application Is Fraud

You probably already know that it’s not right to lie on a mortgage application, but maybe you just need to tweak some numbers to make sure you qualify. You know you’ll be able to make payments, so what’s the harm? You might even be encouraged by your real estate agent or loan officer to fudge some numbers. After all, everyone benefits when the sale goes through. However, when you knowingly lie on an application, you are committing fraud, even if no one else is harmed by the crime. You could also face federal charges for forgery.

The more common form of individual mortgage fraud—one that is more frequently pursued by the FBI—is fraud through identity theft. If you attempt to obtain financing using someone else’s financial information, you are committing mortgage fraud. This is a serious offense.

Defending Mortgage Fraud Charges

Federal prosecutors have to prove that you intentionally set out to defraud the mortgage lender in order to make fraud charges stick. If you did not commit fraud intentionally—perhaps you made a mistake or were given misinformation—we will build a case to prove that. If others were involved in coercing you to commit fraud, that could be your defense.

Under federal law, mortgage fraud can result in up to 30 years in federal prison and up to $1 million in fines. It is important that you take these charges seriously and that you hire the best federal defense attorney you can afford.

Have You Been Charged With A Federal Crime?

If you’ve been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

You might be trying to build your business by sending emails to lots of people, but if you ask for the wrong kind of information, you could be accused of a form of internet fraud and identity theft known as phishing. Because the fraud uses the internet and has the potential for inter-state crime, it is often pursued as a federal charge. Federal fraud charges should always be taken seriously. If you have been charged with internet phishing, contact our experienced Miami federal defense attorney to represent you.

What Is Illegal About Email Marketing?

It is perfectly legal to email people to try to solicit business. Think of all the emails you get from businesses every day with special deals, sales, and free offers. People might find it annoying, but there is nothing illegal about it. What pushes internet marketing across the line to become illegal phishing, however, is the content of the email and what it is asking the recipient to do. The following are illegal:

• Forging an email to make it appear as if it is coming from another sender, such as a government entity or a bank
• Asking the recipient to divulge sensitive information, such as credit card numbers, passwords, and bank account information
• Directing the recipient to a phony website to collect sensitive information

If you were charged with phishing, you will need to hire a defense attorney who understands the seriousness of the charge.

Defending Phishing Charges

The key to any fraud charge is intent. The prosecutor has to prove that you intended to defraud when you sent the emails. They will also have to prove that you actually sent the emails. Defense approaches we will consider include:

Proving the emails were not sent by you.

There is always an electronic trail that computer forensics experts can follow to figure out the origin of an email. If the prosecutor’s expert is wrong and the phishing emails were not sent by you, our experts will prove it.

Proving you had no intent to defraud.

You might have asked email recipients for information, not knowing it was illegal to do so. If a recipient misunderstood the email and later regretted a purchase, they might go to the police to accuse you of fraud, but those charges should not stand.

Showing the evidence against you was obtained illegally.

Law enforcement officers have to follow certain protocols when investigating a suspicion of fraud, even when it involves computers. If your rights were violated during the investigation, the evidence cannot be used against you.

Have You Been Charged With A Federal Crime?

If you’ve been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

Which court you end up in to face cybercrime charges will all depend on who arrested you. If you were arrested by the FBI, for example, you will appear in federal court. If you were arrested by the Miami-Dade police, you will appear in a local court. Either way, you want a criminal defense attorney with experience in that court who can protect your right to due process. Attorney Daniel Izquierdo represents clients in both federal and state courts and is experienced in a range of cybercrime defenses.

When a Cybercrime Is Likely to Be Charged by a Federal Agency

Most states, including Florida, have laws against certain activities on the internet that mirror federal law. Therefore, if you break state law, you are likely also in violation of federal law. Common cybercrimes include:

Child Pornography 

Using the internet to transmit explicit images of children is a crime in Florida and at the federal level, although federal law takes a more conservative view of what constitutes pornography.

Phishing

Sending multiple emails with the intent to deceive recipients—also known as spam—is often a federal crime because it targets people all over the country.

Hacking

Officially known as accessing stored communication, this becomes a more serious crime when the perpetrator has gained financially from the offense or has maliciously destroyed property.

Fraud 

Using a computer to commit any kind of fraud is illegal. If the fraud crosses state lines, you will likely face federal charges.

Harassment 

Cyberbullying may remain under local jurisdiction if both the bully and the victim are local.

In general, the more serious or widespread the criminal activity is, the more likely it is that a federal agency will be involved. If the activity crosses state lines—for example, soliciting a minor to travel to Florida—it will likely be transferred to a federal agency, even if it began as a local investigation.

Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?

If you’ve recently found yourself in need of an experienced criminal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book “The Ultimate Guide To Fighting Criminal Charges In Florida”, a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.

What is the price of freedom? You may be willing to pay anything to avoid federal prison, but you have to be smart about hiring the best federal defense attorney you can afford. We take a look at what you can expect to pay an attorney when you have been charged with a federal criminal offense in Florida.

If You Can’t Afford an Attorney, One Will Be Provided for You

You should have been informed of this right at the time of your arrest, but what does it mean? If you meet the income qualifications established by the jurisdiction in which you have been charged, you will get a court-appointed attorney at no charge to you. Federal public defenders are often some of the most qualified attorneys in a district, and will definitely be better than the cheap, inexperienced lawyer your brother-in-law finds for you. If your income does not qualify for free assistance, you will have to shop around for an attorney you can afford. Some factors that will affect the cost of an attorney include the following:

Complexity of the Case

If your attorney hires investigators and experts to support your defense, you can expect to pay more. Likewise, the more time a case takes to resolve, the more expensive it is going to be.

Skill and Experience of the Attorney

In other words, you get what you pay for. However, you can’t assume that just because an attorney is expensive, he is good. You still need to do your research and ask important questions to find the best attorney for you.

Whether the Case Goes to Trial

If your case goes to trial, the attorney and his team will be putting in many additional hours, and you will have to pay for those hours.

The bottom line is, you should hire the best attorney you can afford, and you will have to put in some time to find the right match for you.

We Are Always Up Front About Our Fees

At the Izquierdo Law Firm, we won’t quote a fee until we look at the unique facts and circumstances of your case and determine what stage of the proceedings your case is in. We try to be fair when quoting fees and take into account how much time will be required, given the nature and circumstances of your case.

Have You Been Charged With a Federal Crime?

If you’ve been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.