Yes. Most certainly.
I have discussed the distinction between federal and state crimes here. As you see, the state of Mississippi is divided into two federal districts, and your lawyer must be admitted to practice before the federal court in the district where your case is pending, or at least must get permission to practice there. More importantly, however, your lawyer must understand the significant distinctions between the federal and state systems. It is helpful to be represented by a lawyer that is familiar with the federal rules of criminal procedure, federal rules of evidence, federal trial procedure, and the federal court system in general, all of these of which are different than Mississippi state court. It is even better when your lawyer is familiar with the U.S. Attorney’s office that is prosecuting your case, the Clerk’s Office and Court Administrators, and the federal law enforcement agency that has handled the investigation.
Finally, perhaps the most ominous distinction between state and federal court is the application of the federal sentencing guidelines. Although these sentencing “guidelines,” which assist judges in determining a sentence for each crime, were originally mandatory and binding on judges (they couldn’t deviate from them; you got what you got), the U.S. Supreme Court made them only “advisory,” rather than mandatory, in 2005. A federal judge can sentence you to whatever the judge believes is appropriate, up to the statutory maximum for each offense. But the federal sentencing guidelines are still there, albeit only advisory in nature, and a judge must consider them in determining your sentence. The guidelines are extremely complex, and are concerned with the characteristics of the offense(s) of which you are convicted, your criminal history, if any, and a number of other factors. The guidelines themselves come in a thick volume, with two appendices, and are revised each year. And each day more and more federal cases are published that apply them, interpret them, or change them, and it is important that your lawyer is up-to-speed with the latest law in order to be the most effective advocate for you.
I’ve been in federal court with criminal cases almost constantly since I left active duty five years ago. I am confident I can help you with your case. If you need my assistance please give me a call at 601-991-1099. I am here to help.
By Clarence T. "Gup" Guthrie III. Gup is a retired United States Marine artillery officer and J.A.G., and has been lead counsel in over 250 criminal and civil trials. He has defended hundreds of DUI cases. Gup believes that paying clients, or serious potential clients, should be able to contact their lawyer at all times, so he can be reached 24/7 by telephone at 601-991-1099, or emailed at clarence@guthriefirm.com.
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[...] Federal statutes make many kinds of extortion or blackmail illegal. For example, it is illegal for federal officials to extort money in their official capacity (as part of their job). 18 U.S.C. § 872. If you demand or receive something for not informing on someone that has violated federal law you have committed blackmail. 18 U.S.C. § 873. If you make a threat with intent to extort, and your threat is mail or travels in interstate commerce – the internet qualifies - then you have violated 18 U.S.C. §§ 875–877. There are several other statutes that make this type of behavior illegal, including the Hobbs Act, 18 U.S.C. § 1951, which prohibits racketeering in interstate commerce. The act also prohibits robbery and extortion when these would affect interstate commerce. If charged in federal court you will face substantial time and financial penalties, along with all of the baggage that comes with a federal conviction. See this post and this post. [...]