Federal charges are some of the most stressful and confusing situations a person can face. When the federal government gets involved, everything feels bigger. The investigations are longer, the resources are greater, and the stakes are much higher. Clients often tell me they feel blindsided because the process looks nothing like a typical Louisiana criminal case.
At Phillips Law, we represent people across Orleans Parish, Jefferson Parish, St. Tammany Parish, and throughout Southeast Louisiana who are being investigated or charged by federal agencies. If you are in that position, or if you have a loved one facing federal charges, knowing how the federal system works is the first step to protecting your future.
Let me walk you through the most common questions I get about federal crimes in Louisiana and what you need to know right now.
What Is the Difference Between a Federal Crime and a State Crime?
The biggest difference is the level of government that brings the charges. State crimes are charged by local prosecutors under Louisiana law. Federal crimes are charged by United States Attorneys and investigated by federal agencies.
Examples of state investigating agencies include:
- New Orleans Police Department
- Jefferson Parish Sheriff’s Office
- Louisiana State Police
Examples of federal investigating agencies include:
- FBI
- DEA
- ATF
- Homeland Security
A simple drug possession case may stay in state court. But drug trafficking across state lines, a firearm case involving a prohibited person, or wire fraud that crosses jurisdictions can fall under federal law. If the federal government decides that a case belongs to them, they have the authority to pick it up.
What Counts as a Federal Crime?
Federal crimes typically involve:
- Conduct that crosses state lines
- Crimes involving the federal government
- Violations of laws created by Congress
- Offenses investigated by federal agencies
- Large scale criminal activity
Common federal charges we handle include:
- Drug trafficking
- Conspiracy charges
- Wire fraud and mail fraud
- Bank fraud
- Tax evasion
- Gun offenses involving prohibited persons
- Child pornography offenses
- Immigration crimes
- Cyber crimes
Here is one clear example. Possessing a firearm as a felon may be a Louisiana state case. But possessing that same firearm with a prior federal conviction or in a situation involving interstate commerce can become a federal case under 18 U.S.C. 922(g). That one decision completely changes the penalties and the process.
What Are the Penalties for Federal Crimes?
Federal penalties are often far more severe than Louisiana state penalties. Federal cases are governed by federal sentencing guidelines, which consider:
- The type of crime
- The amount of loss or harm
- The defendant’s criminal history
- Any aggravating factors
- Mandatory minimum sentences
This means you may be facing:
- Long prison sentences
- High fines
- Federal probation
- Restitution
- Forfeiture of property and assets
- Immigration consequences for non-citizens
Mandatory minimums are especially important because they limit what a judge can do. For example, many federal drug trafficking cases come with minimum sentences that start at five or ten years. Judges cannot go below those minimums unless the law provides a specific exception.
To learn more about related Louisiana offenses, visit our Federal Crimes page or our page on Felony Crimes.
How Do Federal Investigations Work?
A typical Louisiana criminal case might come together in a matter of days. Federal investigations work very differently. They are often months or years in the making. By the time the FBI or DEA knocks on your door, there is a good chance they already have:
- Surveillance footage
- Undercover operations
- Recorded calls
- Bank records
- Email communications
- Witness statements
- Cooperating individuals
For example, in a recent wire fraud case, federal agents had emails and financial records going back several years. The client had no idea that they had been building a case behind the scenes until they were arrested.
This is why hiring an attorney early is one of the most important things you can do. If you believe you might be under investigation, even if you have not been charged, contact our office as soon as possible.
Will My Federal Case Go to Trial?
Most federal cases do not go to trial. The majority end with plea agreements. This is because:
- Federal prosecutors have far more resources
- Federal agents often build very detailed cases
- The United States Attorney’s Office has a high conviction rate
But that does not mean every case should be pleaded. A good attorney knows when a plea is smart and when the government’s case is weaker than it looks. We also know how to negotiate for lower guideline ranges, safety valve eligibility, or cooperation benefits when they apply.
Federal trials do happen. They are just more strategic than what you may see in Louisiana state court.
Can I Be Charged by Both the State and Federal Government?
Yes. This is called dual sovereignty. It means that two separate governments can charge you for the same conduct because they are enforcing different laws.
This is rare but possible.
A more common situation is that the state files charges first, and once the federal government decides it wants the case, the state dismisses (nolle prosequi) the charges and lets the federal prosecutors take over.
If this might apply to your case, your attorney will explain what to expect and how the two systems communicate.
How Are Federal Sentences Decided?
Federal sentencing involves a multi-step analysis. Judges look at:
- The federal sentencing guidelines
- Criminal history category
- Offense level
- Mandatory minimums
- Enhancements and reductions
- Victim impact
- Personal history and characteristics
The guidelines are advisory, not mandatory, but they carry enormous weight. Enhancements can increase a sentence quickly, especially in:
- Drug trafficking cases
- Gun cases
- Fraud and financial crimes
Your attorney must know how to challenge enhancements, present mitigating evidence, and advocate for downward departures where appropriate.
Why You Need an Attorney Who Handles Federal Cases
Federal cases are a completely different world from Louisiana state cases. The rules, deadlines, discovery, and sentencing system are not the same. You need an attorney who understands:
- Federal investigations
- Federal sentencing guidelines
- Federal judges
- United States Attorney’s Office procedures
- How to communicate with federal agents
- How to protect your rights early and effectively
At Phillips Law, our team has represented clients across a wide range of federal charges throughout Southeast Louisiana. We know the system, the prosecutors, and the strategies that can help protect your future.
If you or a loved one is facing federal charges, call 504-434-7000 for a free consultation. We will review your situation, explain your options, and help you understand the road ahead.
Conclusion
Federal charges can feel overwhelming, but you do not have to face them alone. Understanding the difference between state and federal cases, how investigations work, and what penalties you may face can put you in a stronger position from day one. The most important thing you can do is get legal help early so your rights are protected before the government moves forward.
To schedule your free consultation, call 504-434-7000 or visit our website to speak directly with an attorney.
Legal Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Every case is unique and outcomes depend on specific facts and circumstances. Past results do not guarantee or predict future outcomes. If you are facing criminal charges or need legal assistance, contact Phillips Law at 504-434-7000 for a free consultation to discuss your specific situation. Reading this blog does not create an attorney-client relationship.
