Federal Criminal Defense Lawyer Tampa

Federal Criminal Defense Lawyer Tampa

What Types of Cases Are Commonly Prosecuted in Tampa Federal Court?

Federal criminal cases commonly prosecuted in Tampa, Florida include bank fraud, mail fraud, health care fraud, conspiracy, international extradition, federal drug offenses, federal immigration offenses, federal aggravated identity theft, the misbranding of drugs, and firearms offenses.

If you or a loved one has been charged with a federal crime in Tampa, Florida, federal criminal attorney David C. Hardy is a board-certified expert in criminal trial law with extensive experience handing federal criminal cases.  If you are looking for a Tampa federal criminal lawyer that dedicates himself to get the best possible result in every case he accepts, contact Attorney David C. Hardy today.

Do You Need a Tampa Federal Criminal Lawyer?

Tampa Florida federal criminal cases are extremely serious matters. The federal agencies that investigate and prosecute alleged violations of federal law in Tampa are well trained and highly professional.  For all practical purposes, the federal government has unlimited resources to use against an accused, whose reputation, livelihood, financial assets, and liberty are all at stake.

If you have been charged with a federal crime in Tampa, Florida, you need to select an expert federal criminal lawyer to represent you.  Some Tampa criminal defense attorneys are very experienced in the Florida state courts, but they have little or no experience in federal court.  Hiring a Tampa federal criminal lawyer that has extensive knowledge about federal criminal law is essential to getting the best possible result in your Tampa federal criminal case.

Attorney David C. Hardy is a highly experienced Tampa federal criminal defense attorney.  Attorney Hardy is a former prosecutor that is Florida Board Certified and Nationally Board Certified as an Expert in Criminal Trial Law.  He has extensive experience handling Tampa federal criminal cases, and he takes pride in guiding his clients through the federal criminal process and working with them to obtain the best possible results.

Should the Tampa Federal Criminal Lawyer that You Hire be Highly Experienced in Federal Court?

Yes.  The Tampa federal criminal lawyer you hire should be highly experienced in federal court, because:

  • The tactics and strategies that Tampa federal law enforcement investigation agencies utilize are frequently different than the tactics and strategies that Florida law enforcement agencies utilize. Having a Tampa federal criminal lawyer that is familiar with how federal law enforcement agencies investigate cases is essential to planning your best defense.  Tampa federal criminal defense attorney David C. Hardy has extensive experience reviewing federal criminal investigations.
  • The structure and organization of the federal court system are different than that of the Florida state courts. It makes sense to hire a Tampa federal criminal lawyer that is accustomed to appearing before federal magistrate judges, federal district court judges, and federal appellate court judges. Tampa federal criminal lawyer David C. Hardy is thoroughly familiar with the federal court system.
  • The rules of criminal procedure in Tampa federal court are different from the rules of criminal procedure in Florida state courts. For example, in Florida courts the prosecutor files most felony charges, while in federal court it is the grand jury that brings felony charges against a defendant.   It’s important to hire a Tampa federal criminal lawyer that knows the rules that determine how a case moves through the federal courts.  Federal criminal lawyer David C. Hardy is highly experienced in handling Tampa federal criminal charges.
  • Bond hearings in Tampa federal court are conducted differently than bond hearings in Florida state courts. It’s important to hire a Tampa federal criminal lawyer that is accustomed to arguing bond motions in the federal courts. Tampa federal criminal attorney David C. Hardy has extensive experience handling federal bond hearings.
  • Plea-bargaining in Tampa federal court is completely different that plea-bargaining in the Florida courts. In the federal courts, written plea agreements are frequently utilized to resolve criminal cases. A Tampa federal criminal lawyer can negotiate with federal prosecutors with regard to the terms of a federal plea agreement.  That federal plea agreement can include provisions that may benefit a defendant.  An experienced federal criminal lawyer can make sure that if you decide to enter a plea agreement with the government, that you get the most favorable terms possible.  This can make a big difference at a federal sentencing hearing.  Tampa federal criminal attorney David C. Hardy has extensive experience negotiating federal plea agreements.
  • Federal criminal sentencing law is completely different than Florida criminal sentencing law. Federal judges, when deciding what sentence to impose, will consider a variety of factors, including the United States Federal Sentencing Guidelines.  In Tampa federal court, the sentencing hearing can be the most important part of the entire process. It makes sense to hire a Tampa federal crimes lawyer that is familiar with the federal criminal sentencing.  Tampa federal criminal attorney David C. Hardy has is highly experienced in federal criminal sentencing matters.

What Are Some Things that a Tampa Federal Crimes Lawyer Might Explain to You at the Start of a Tampa Federal Criminal Case?

If you have been charged with a federal crime in Tampa, Florida, or you think that you are about to be charged, there’s a lot you are going to need to know.

  • First, a Tampa federal crimes lawyer may explain to you the crimes that are commonly prosecuted in federal court, as well as which federal law enforcement agencies commonly investigate these federal crimes.
  • Second, a Tampa federal crimes lawyer may explain to you the difference between a target of a federal criminal investigation, a subject of a federal criminal investigation, and a witness in a federal criminal investigation.
  • Third, a Tampa federal crimes lawyer may explain to you actions that you should not take during a federal criminal investigation.
  • Fourth, a Tampa federal crimes lawyer may explain to you actions that you should take during a federal criminal investigation.

Attorney David C. Hardy is a highly experienced Tampa federal criminal attorney.  Attorney Hardy takes the time to educate his clients on the federal criminal case process, and he works diligently to protect his client’s rights.

Why is it so Important to Hire an Experienced Tampa Federal Criminal Lawyer for A Federal Bond Hearing?

If you have been charged with a federal criminal offense in Tampa, Florida, one of the first issues that a Tampa federal magistrate judge will consider is your release status prior to any trial.  Accused persons can wait months for a trial to begin, so the stakes at a federal bond hearing are very high.  The federal magistrate judge has a variety of options, ranging from immediate release to detention in jail.

The law concerning federal bond hearings is complex so it’s best to have a Tampa federal crimes lawyer that is experienced at handling bond hearings in federal court.

What Are Some of the Strategies and Tools That a Tampa Federal Crimes Lawyer Might Use During the Course of Your Case?

Defense Investigation of Federal Criminal Cases in Tampa:

Your Tampa federal crimes lawyer must ensure that a thorough investigation of the facts of your case is conducted.  A federal criminal lawyer’s investigation of the case can be a key factor in getting the best possible result.  The Hardy Law Firm uses highly experienced private investigators, including retired DEA and IRS agents, as well as retired Tampa Police Detectives.  Sometimes highly technical investigators, like computer and smart phone experts are needed.  In other cases, a psychologist might be able to provide assistance.

Federal Motion Practice in Tampa:

When a federal crimes attorney would like a judge to make a ruling on an issue that will help his or her client’s case, the attorney makes a motion.  Sometimes these motions are oral, and sometimes they are written.  Some motions are simple, like a motion to continue a trial so that the federal criminal lawyer can have time to review evidence.  However, sometimes motions can be long and complex, like a motion to suppress evidence.  It makes sense to hire a Tampa federal crimes lawyer that is accustomed to arguing pretrial motions in the federal courts.  Tampa federal criminal attorney David C. Hardy has extensive experience handling motions in federal court.

Federal Substantial Assistance in Tampa:

In some Tampa federal criminal cases, an accused may decide to plead guilty and cooperate with the government.  The advantage of cooperating with the government is that if the prosecutor is satisfied that a defendant has provided substantial assistance in the prosecution of another person, the prosecutor can ask the federal judge to reduce the defendant’s punishment.  This can result in a defendant facing less prison time, and sometimes it can result in a defendant facing no prison time at all.  The decision of whether to fight a charge or cooperate with the government is always made by the client, with advice from his or her federal crimes lawyer.   An experienced federal crimes attorney can help you make the critical decision of whether to fight the case or whether to plead guilty and cooperate with the federal prosecutor. David C. Hardy is a Tampa federal criminal attorney that is highly experienced handling federal criminal cases. Attorney Hardy regularly counsels clients whether to take a case to trial, whether to plead guilty and cooperate with the government, or whether to simply plead guilty without cooperating with the government.

Federal Jury Trials in Tampa:

Jury trials are common in TV shows and movies, but most Tampa federal criminal cases are not resolved by a trial.  The truth is that most federal criminal cases in Tampa are resolved by federal plea agreements.  There are, however some cases which can be resolved only by a jury trial.  When that happens, the Tampa federal criminal defense attorney handling the case should be a highly experienced federal criminal trial lawyer.  Attorney David C. Hardy is a Tampa federal criminal lawyer that is board certified by both the Florida Bar and the National Board of Trial advocacy as an expert in criminal trial law.  He has extensive experiences handling jury trials.

Federal Sentencing Hearings in Tampa:

Frequently, the most important part of any Tampa federal criminal case is the federal sentencing hearing.  That’s because there are often issues that the judge must decide at the sentencing hearing that can have a big impact on the sentence that a defendant receives.   For example, issues like the amount of loss in a fraud case, the amount of drugs in a controlled substance case, and whether or not the judge believes a defendant has accepted responsibility for his or her actions can have a big impact at sentencing.  It’s essential to have an experienced federal criminal attorney by your side during your sentencing hearing.   Attorney David Hardy is a Tampa federal crimes attorney that has extensive experience handling federal sentencing hearings.

Federal Criminal Appeals in Tampa:

Defendants in Tampa federal criminal cases that have pleaded guilty or been found guilty at trial have a right to appeal the decisions of the federal district court judge that handled their case.  For example, defendants generally can appeal decisions that a federal district court made before their trial, during their trial, and at their sentencing hearing.  When a defendant in a Tampa federal criminal case files an appeal, federal appellate judges from the Eleventh Circuit Court of Appeals, which is based in Atlanta, Georgia, decide the appeal.  If the appellate court finds that the district court judge made a mistake, it can order the judge to conduct a new trial or sentencing hearing that may result in a more favorable result for the defendant.  Tampa federal criminal appeals can be extremely complex, and should be handled by an experienced Tampa federal criminal appellate attorney.  Attorney David C. Hardy is a federal criminal attorney with offices in Tampa Florida that has handled federal criminal appeals involving many types of cases, including fraud, conspiracy, drug offenses, and immigration offenses.

What are Some Defenses that a Tampa Federal Criminal Lawyer Might Use to Defend a Client?

Federal Double Jeopardy:

In federal court, the double jeopardy protection is based on the Fifth Amendment to the United States Constitution, which states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.”  A Tampa federal criminal crimes lawyer may use the double jeopardy clause to protect an accused in a number of ways.  First, a federal criminal attorney might use the double jeopardy clause to protect an accused from a second prosecution for the same offense after the accused has been found not guilty; second, a federal criminal attorney might use the double jeopardy clause to protect an accused from a second prosecution for the same offense after the person has been found guilty; third, a federal criminal attorney might use the double jeopardy clause to protect an accused from multiple punishments for the same offense.

Federal Search and Seizure:

The Fourth Amendment to the United States Constitution protects people from unreasonable searches and seizures. Tampa federal law enforcement officers are not allowed to violate the Fourth Amendment rights of people that are suspected of having committed a crime.   However, there are some Tampa federal agents who, inadvertently or on purpose, fail to respect the constitutional rules that protect us all from governmental excesses.  When Tampa federal law enforcement officers violate the Fourth Amendment rights of an accused, an experienced Tampa federal criminal lawyer like Attorney David C. Hardy can safeguard your Fourth Amendment rights.

Federal Miranda Violations:

If federal agents detain a person before they ask that person any questions the agents must read the Miranda rights.  If police fail to read a detained person their Miranda rights, and the person makes a statement during questioning that hurts their defense, a Tampa federal criminal lawyer can file a motion requesting that the judge excludes from court anything that the person said to the agents.  Also, federal agents are not allowed to make threats or promises in order to get a suspect to make a confession.  If federal agents do make threats or promises and those threats or promises motivate a person to make a statement, a Tampa federal criminal defense lawyer can file a motion to suppress evidence and ask the judge to exclude from evidence whatever admissions the person made.  If you have made a statement to the police regarding a criminal investigation, you should consult with an experienced Tampa criminal lawyer immediately.

Insufficient Evidence to Prove Federal Conspiracy:

In order to prove that a person is guilty of a federal conspiracy charge, a federal prosecutor must prove that the person knowingly agreed to participate in the conspiracy.  Sometimes, a person is present and knows that others are committing a crime, but that person never had any intent to join in any crime.  In other words, sometimes people are simply in the wrong place at the wrong time.  An experienced Tampa federal criminal defense lawyer like attorney David C. Hardy can review the government’s evidence and evaluate whether or not there is sufficient evidence to prove a federal conspiracy charge.

Federal Entrapment:

Sometimes, a federal agent convinces a completely innocent person that has no intent to commit a crime into breaking the law.  Imagine a situation in which an undercover federal agent asks a doctor to commit health care fraud, the doctor says no repeatedly, but the federal agent keeps insisting and offering money until finally the doctor finally relents and agrees to commit health care fraud.

The federal entrapment defense has two parts: first, a federal law enforcement agent must have persuaded an accused to commit a crime; second, the accused originally did not have a predisposition to commit that crime.  An experienced Tampa federal criminal defense attorney like attorney David C. Hardy can review the government’s evidence and evaluate whether or not there is a viable federal entrapment defense.

Federal Statute of Limitations:

The federal statute of limitations states the time period with which a criminal prosecution must begin.

The purpose of a statute of limitations in a federal criminal case is to make sure the government does not delay filing charges for such a long time that the defendant can no longer defend himself.  This makes sense.  Imagine the government holds off of filing a charge for many years. During those years, evidence helpful to the defense gets lost and possible defense witnesses’ memories fade.

Prosecution for most federal cases must begin within five years of the offense. However, some offenses have a longer statute of limitations.  For example, the federal statue of limitations for bank fraud, mail fraud, and wire fraud is ten years.  Also, the statute of limitations can be extended in some situations.  For example, if the defendant is hiding from arrest the statute of limitations can be extended.

An experienced Tampa federal criminal defense attorney like attorney David C. Hardy can review the government’s evidence and evaluate whether or not there is a statute of limitations defense.

Good Faith Reliance on Advice of Expert:

Business people that work in technically complex fields (for example: pharmaceutical sales, health care, banking, and financial services) sometimes hire experts (for example, accountants, financial advisors, or attorneys) to guide and advise them so that they don’t violate any rules or break any federal criminal laws.  The businessperson’s expectation is that he or she will get good advice and thereby avoid any trouble with federal law enforcement.

However, let’s say an expert gives bad advice to a businessperson, and that businessperson relies on the advice to take actions, which turn out to be violations of federal criminal law.  The local United States Attorney’s Office may end up charging the businessperson with a federal criminal offense.

In some cases, if a businessperson honestly and in good faith sought the advice of an expert, and that businessperson fully and honestly gave the expert all the facts and then followed the expert’s advice, and the businessperson relied on that advice, the defense of good faith reliance on advice of an expert may apply.

An experienced Tampa federal criminal defense attorney like attorney David C. Hardy can review the government’s evidence and evaluate whether or not the defense of good faith reliance on the advice of expert applies.

If you are under investigation by federal authorities in Tampa Florida, contact the Hardy Law Firm, P.A. and get help now.