Overview of Federal Criminal Cases and Practice in the District of Nevada
Federal criminal cases are complex, and the stakes are often incredibly high. Facing charges in the federal court system is a daunting experience, especially because federal laws, procedures, and penalties are far different from those in state courts. The District of Nevada is one of 94 federal judicial districts in the United States, and it handles a wide variety of federal criminal cases, from white-collar crimes to drug trafficking.
At Hofland & Tomsheck, led by Josh Tomsheck, a Nationally Board-Certified Criminal Trial Lawyer, we are dedicated to providing an aggressive and strategic defense for clients facing federal criminal charges in Nevada. With extensive experience in the U.S. District Court for the District of Nevada, Josh Tomsheck and his team understand the intricacies of federal cases and have successfully defended clients against some of the most serious federal charges. This page provides an overview of federal criminal cases in Nevada and what you can expect from the federal criminal process.
What Are Federal Criminal Cases?
Federal criminal cases involve violations of federal law and are prosecuted by the U.S. Attorney's Office in federal court. Federal laws govern a wide range of offenses, and individuals may be charged with federal crimes for activities that cross state lines, involve federal property, or violate specific federal statutes.
Some common types of federal criminal cases handled in the District of Nevada include:
Drug trafficking and distribution under the Controlled Substances Act (21 U.S.C. § 841)
Money laundering under (18 U.S.C. § 1956)
Fraud, including wire fraud (18 U.S.C. § 1343) and mail fraud (18 U.S.C. § 1341)
RICO (Racketeer Influenced and Corrupt Organizations Act) violations under 18 U.S.C. § 1962
Firearms offenses, such as illegal possession or sale of firearms under 18 U.S.C. § 922
Cybercrimes and offenses involving the misuse of technology
Public corruption and bribery
Immigration offenses
Federal criminal cases are often the result of extensive investigations by agencies like the FBI, DEA, IRS, and ATF. These cases tend to be more complex than state-level cases, and the penalties for federal crimes are usually much more severe. If you are facing federal charges, having an attorney experienced in federal court, like Josh Tomsheck, is essential for navigating this challenging legal process.
The U.S. District Court for the District of Nevada
The U.S. District Court for the District of Nevada is the federal court system in the state, with courthouses located in Las Vegas and Reno. Federal courts in Nevada handle both civil and criminal cases, but the criminal cases prosecuted here often involve violations of federal statutes that carry significant penalties.
In Nevada, federal criminal cases are handled by federal prosecutors from the U.S. Attorney's Office, who have extensive resources and experience in prosecuting serious crimes. Because federal prosecutors are typically involved in the investigation process long before charges are filed, it is crucial to retain a defense attorney as soon as you are aware of a federal investigation. Josh Tomsheck and the team at Hofland & Tomsheck are experienced in intervening during the investigation stage, often working to prevent charges from being filed or securing favorable pre-indictment resolutions.
The Federal Criminal Process in Nevada
Federal criminal cases in Nevada follow a structured legal process, with several key stages that can significantly impact the outcome of your case. Understanding this process is essential for anyone facing federal charges.
1. Investigation
Most federal criminal cases begin with an investigation conducted by federal law enforcement agencies such as the FBI, DEA, IRS, or Homeland Security. These investigations can last for months or even years, during which time agents may gather evidence through surveillance, wiretaps, and search warrants.
If you suspect you are under investigation, it is critical to seek legal counsel immediately. At Hofland & Tomsheck, we provide early intervention strategies that can help protect your rights during a federal investigation.
2. Grand Jury Indictment
In federal cases, charges are typically brought through an indictment issued by a grand jury. A grand jury is a group of citizens who review the evidence presented by the prosecution to determine whether there is probable cause to believe a crime has been committed. If the grand jury returns an indictment, formal charges are filed, and the defendant will be required to appear in court for arraignment.
Receiving an indictment is a serious matter, but it is not the final word. Josh Tomsheck has extensive experience defending clients during this stage, often negotiating plea deals or presenting compelling defenses that result in reduced charges or dismissals.
3. Detention and Bail Hearings
After an arrest, a detention hearing is held to determine whether the defendant will be released on bail or held in custody while awaiting trial. The judge will consider factors such as the defendant's flight risk, danger to the community, and the nature of the charges. 18 U.S.C. § 3142 governs these hearings.
Having an experienced federal defense attorney is critical during detention hearings. Josh Tomsheck has a proven record of securing bail and pretrial release for his clients, allowing them to remain free while preparing their defense.
4. Discovery and Pre-Trial Motions
Discovery is the stage in which both the defense and the prosecution exchange evidence. This process is governed by Rule 16 of the Federal Rules of Criminal Procedure. During discovery, the defense may receive witness statements, documents, and other evidence that the government plans to use at trial.
This stage also involves filing pre-trial motions, which can include motions to suppress evidence obtained through unconstitutional means or motions to dismiss charges that lack merit. Josh Tomsheck is highly skilled at identifying procedural violations and leveraging them to strengthen the defense.
5. Trial
If your case proceeds to trial, the defense and prosecution will present their evidence and arguments before a judge or jury. Federal trials are often more formal and structured than state trials, and they require a defense attorney with extensive experience in federal court.
At trial, Josh Tomsheck aggressively challenges the government's evidence, cross-examines witnesses, and presents alternative theories to raise reasonable doubt. His trial advocacy has led to many not guilty verdicts and favorable outcomes for his clients.
6. Sentencing
If convicted, the judge will impose a sentence based on the Federal Sentencing Guidelines, which provide a framework for determining penalties in federal cases. These guidelines take into account factors such as the severity of the offense, the defendant's criminal history, and any aggravating or mitigating circumstances.
Josh Tomsheck is experienced in advocating for reduced sentences by presenting compelling mitigating evidence, arguing for downward departures from the guidelines, and negotiating with prosecutors to secure favorable sentencing agreements.
Why Choose Josh Tomsheck for Federal Criminal Defense in Nevada?
Federal criminal defense requires a deep understanding of federal law, procedures, and the federal court system. Josh Tomsheck is a Nationally Board-Certified Criminal Trial Lawyer with years of experience defending clients in federal court. His extensive knowledge of federal statutes and sentencing guidelines, combined with his trial skills and negotiation strategies, make him one of the top federal defense attorneys in Las Vegas and throughout Nevada.
Proven Success in Federal Cases: Josh Tomsheck has a track record of achieving favorable results in complex federal cases, including dismissals, acquittals, and reduced sentences.
Personalized Defense Strategies: Every federal case is unique, and Josh Tomsheck develops tailored defense strategies that are designed to achieve the best possible outcome for his clients.
Extensive Knowledge of Federal Law: Tomsheck has successfully handled cases involving drug trafficking, money laundering, fraud, firearms offenses, and more. His expertise in the Federal Rules of Criminal Procedure and Federal Sentencing Guidelines ensures that his clients receive the highest level of defense.
Contact Hofland & Tomsheck for Federal Criminal Defense in Nevada
If you are facing federal charges or are under investigation in Nevada, contact Josh Tomsheck and the team at Hofland & Tomsheck today. With years of experience defending clients in the U.S. District Court for the District of Nevada, we are ready to provide you with the aggressive defense you need to protect your rights and your future.
