Federal crimes in Nevada

Federal prosecution differs from state prosecution in ways that affect every aspect of how a case is handled. Federal agencies (the FBI, DEA, IRS Criminal Investigation, Homeland Security) have resources and investigative tools that state law enforcement doesn't. Federal investigations run longer, gather more evidence, and often involve cooperating witnesses who have already made deals before anyone is arrested.

Federal courts operate under the Federal Rules of Criminal Procedure, which differ from Nevada's state rules. Discovery timelines, motion practice, and trial procedure all operate differently. And federal judges apply the United States Sentencing Guidelines, an advisory but influential framework that calculates recommended sentencing ranges based on offense characteristics and criminal history, leaving less discretion than most state judges have.

Appeals from federal District Court go to the Ninth Circuit Court of Appeals, not the Nevada Supreme Court. The Ninth Circuit operates under its own body of precedent, which affects how legal issues are framed and argued.

Federal crimes committed in Nevada are prosecuted in the United States District Court for the District of Nevada. The court has two primary locations: the Lloyd D. George Federal District Courthouse at 333 Las Vegas Blvd South in Las Vegas, and the Bruce R. Thompson Federal Building at 400 S. Virginia St. in Reno. Las Vegas is where the overwhelming majority of Nevada federal cases are heard.

The U.S. Attorney's Office for the District of Nevada prosecutes federal cases. Federal prosecutors have specialized units for drug offenses, fraud, violent crime, and other categories, and the prosecutor assigned to a case typically has deep subject-matter experience in that specific area of federal law.

The Ninth Circuit Court of Appeals in San Francisco hears appeals from the District of Nevada. Appellate strategy in federal cases often has to be built into the trial record. Preserving legal issues for appeal is part of the trial defense, not an afterthought.

In most federal cases, the government has been investigating for months or years before an arrest is made or charges are filed. By the time a defendant learns they're a target, the investigation is often complete and the government has built its case. That's a very different dynamic from a state arrest where the investigation happens alongside the charging.

The clearest signals that a federal investigation is underway: receipt of a target letter from the U.S. Attorney's Office, a grand jury subpoena for documents or testimony, a visit or call from federal agents, or notification that a business or financial institution has received a subpoena related to your accounts or records.

If any of those things have happened, call an attorney immediately. The window between when an investigation surfaces and when charges are filed is often the period when the defense can have the most influence on the case. Call 702-990-0190.

Federal prosecutors use cooperation agreements as a tool to build cases up through criminal organizations. A defendant who provides substantial assistance in prosecuting others can receive a reduced sentence. A "5K1.1 motion," named after the relevant guideline provision, lets the judge go below the sentencing guideline range for substantial assistance. To go below a statutory mandatory minimum, the government must also file a motion under 18 U.S.C. 3553(e).

The decision of whether to cooperate is the most consequential choice in many federal cases. It requires an accurate assessment of the strength of the government's evidence, the likely outcome at trial, the availability of cooperation credit, and the personal risks of becoming a cooperating witness. Making that decision without a complete picture of what the government actually has, and doesn't have, is a serious and often irreversible mistake.

On white-collar cases, drug cases, and organized crime cases alike, the cooperation question shapes the entire defense strategy. It has to be made with full information and counsel who knows federal practice.

Once your case resolves, you may be eligible to seal the record, which removes it from background checks. If you were convicted and believe legal errors occurred at trial, an appeal may be an option.