I have been a lawyer for over 30 years right here in Nevada. My team and I have won awards, but the most important thing we do is stand between you and the government. We represent good people in Las Vegas, Henderson, and North Las Vegas who are facing the fight of their lives.
If you are reading this, you might be scared. Maybe you received a “Target Letter” in the mail. Maybe the FBI knocked on your door. Or maybe a loved one has been taken to a federal detention center.
Federal court is not like the local courthouse. It is a different world. The rules are harder. The penalties are tougher. And the prosecutors have unlimited money to build a case against you.
I wrote this guide to help you. I want to explain the difference between state and federal charges in plain English. I want you to know exactly what you are up against and how our firm can help you protect your future.
Key Takeaways
- The 91% Stat: In federal court, if you are convicted, you are almost guaranteed to go to prison. The rate is about 91%, unlike state court where probation is common.
- No Parole: There is no parole in the federal system. You serve almost 100% of your time (usually 85% with good behavior).
- Mandatory Minimums: Judges often have their hands tied by laws that force them to give you 5, 10, or 20 years, no matter what.
- Secret Investigations: Federal cases are often investigated for years before you even know about them.
- We Can Help: We have over 30 years of experience. We know the federal judges in the Lloyd D. George Courthouse. We know how to fight the Feds.
What Is the Difference Between State and Federal Court in Las Vegas?
Most crimes, like a DUI or a simple fight at a bar, are State Crimes. These are handled by the local District Attorney (DA) in the Clark County courts.
Federal Crimes are different. These are crimes against the United States government. They are handled by the United States Attorney’s Office.
Here are the big differences:
- The Agencies: State crimes are investigated by local police (like LVMPD). Federal crimes are investigated by powerful agencies with three-letter names: FBI (Federal Bureau of Investigation), DEA (Drug Enforcement Administration), IRS (Internal Revenue Service), and ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives).
- The Judges: Federal judges are appointed for life by the President. They are very strict and follow different rules than local judges.
- The Speed: State court is busy and chaotic. Federal court is slower, more organized, and deadly serious.
- The Bail: In state court, you usually pay cash to get out. In federal court, cash bail is rare. You are either released on your “own recognizance” or you stay in jail until trial.
A Stat Few People Talk About: You might think trials happen all the time. But in the federal system, they are rare. According to the Pew Research Center, nearly 98% of federal criminal cases end in a plea deal. Why? because the risks of going to trial are so high. If you lose at trial, the “Trial Penalty” (the extra prison time you get for fighting) can be massive. You need a lawyer who knows how to negotiate a deal that saves your life.
What Are the Most Common Federal Crimes in Nevada?
Las Vegas is a unique city. Because we are a tourist hub and close to the border, we see specific types of federal cases.
1. Drug Trafficking and Conspiracy
This is not just selling a bag of weed. This is moving large amounts of drugs (like Fentanyl, Meth, or Cocaine) across state lines.
- Conspiracy: You can be charged even if you never touched the drugs. If you talked on the phone to someone who sold drugs, the Feds can say you were part of the “conspiracy.”
2. White Collar Crimes
These are money crimes.
- Wire Fraud: Using the phone or internet to trick people out of money.
- Money Laundering: Trying to make “dirty” money look clean (often through casinos).
- Tax Evasion: Lying to the IRS.
3. Immigration Offenses
Because we are near California and Arizona, we see many cases of “Illegal Re-entry.” If you were deported and came back, it is a federal felony.
4. Firearm Offenses
If you are a felon and you touch a gun, the Feds can pick up the case. This carries heavy prison time under federal law.
Internal Link: Learn more about our Criminal Defense services
How Do Federal Sentencing Guidelines Work?
This is the most confusing part of federal law. In state court, a judge might say, “I sentence you to 1 year.” In federal court, they use a math formula called the Federal Sentencing Guidelines.
It works like a point system:
- Base Offense Level: Every crime has a starting score. (Robbery is higher than Fraud).
- Adjustments: You get points added for things like using a gun, being a “leader,” or targeting vulnerable victims.
- Criminal History: You get points for your past crimes.
The judge looks at a chart. If your score is 25, the chart might say “57 to 71 months in prison.”
The “Booker” Rule: Years ago, judges had to follow the chart. Now, thanks to a Supreme Court case called United States v. Booker, the guidelines are “advisory.” This means the judge can give you less time if we argue correctly. We fight here. We write a “Sentencing Memorandum.” We tell the judge your life story. We explain why you deserve a break. This is often the most important work we do.
What Is a “Target Letter” and What Should I Do?
Sometimes, the Feds warn you before they arrest you. You might get a letter from the U.S. Attorney saying you are a “Target” of a Grand Jury investigation.
Do NOT ignore this letter. This is your one chance to possibly stop the charges before they start.
- Do not call the prosecutor yourself.
- Do not shred documents. (That is a new crime called Obstruction of Justice).
- Call Us Immediately.
We can contact the prosecutor. Sometimes, we can arrange for you to testify or cooperate in exchange for immunity. Sometimes, we can convince them they have the wrong person.
Why Is the “Discovery” Process Different in Federal Court?
“Discovery” is the evidence the government has against you. In a federal case, the discovery can be millions of pages.
- Wiretap recordings of your phone calls.
- Bank records going back 5 years.
- Emails and text messages.
- Videos from surveillance poles.
The FBI has unlimited resources. They might have been watching you for two years before they arrested you. You cannot handle this alone. You need a team. At The Law Offices of Michael I. Gowdey, Ltd., we have the technology and the staff to comb through this evidence. We look for the mistake. We look for the illegal search.
Internal Link: Check out our Family Law expertise
Can I Get Out on Bail in a Federal Case?
In Las Vegas federal court, we don’t have “Bail Bondsmen.” You have a Detention Hearing. The judge decides two things:
- Are you a risk of flight? (Will you run away?)
- Are you a danger to the community?
If the answer is “Yes,” you stay in jail until your trial is over. This can take a year or more. Our Strategy: We present a “release plan.” We find family members willing to sign a “Signature Bond.” This means they promise to pay money if you run. We offer to put you on house arrest with a GPS monitor. Getting you out of jail is our first priority so you can help us fight your case.
What Is a “Proffer Agreement”?
You might hear the term “Queen for a Day” or “Proffer.” This is a meeting with the prosecutor where you tell them what you know. The Deal: They promise not to use your words against you in their main case. The Trap: If you lie, or if you testify differently later, they can use your words against you.
Never, ever go into a Proffer meeting without a lawyer. It can be a trap. We prepare you. We make sure you don’t say something that digs your hole deeper.
Why Should I Hire a Local Las Vegas Federal Lawyer?
You might think, “I’ll hire a famous lawyer from New York.” That can be a mistake. Federal law is the same across the country, but the local rules are different.
- We know the judges in the District of Nevada. We know who is harsh on drugs and who is harsh on guns.
- We know the local U.S. Attorneys. We have professional relationships with them.
- We are here. We can visit you in the federal detention center in Pahrump or Las Vegas without needing a plane ticket.
Why Choose Us?
- 30+ Years Experience: We have handled complex federal cases.
- Award-Winning: We are recognized for our skills in criminal defense.
- Honesty: I will tell you the truth. If the evidence is bad, I will tell you. If we have a fighting chance, I will tell you.
Internal Link: Contact us for a consultation today
Key Takeaways
- Federal is Fatal: The consequences are much higher than state court. Do not treat this lightly.
- Silence is Golden: If the FBI asks to “chat,” say no. Call us.
- Don’t Wait: The government has a head start. We need to catch up fast.
- Sentencing is Complex: You need a lawyer who understands the math of the Sentencing Guidelines.
- We Are Ready: We have the experience and the toughness to stand up to the United States Government.
10 Common Questions Asked to Lawyers in Las Vegas About Federal Defense
- Can the Feds take my house and money? Yes. This is called Asset Forfeiture. If they think your house or car was bought with “drug money” or “fraud money,” they can seize it legally, even before you are convicted. We have to fight a separate battle to get your property back.
- Does a federal conviction go on my permanent record? Yes. And unlike state crimes, federal convictions cannot be expunged or sealed in most cases. A federal felony is for life, unless you get a Presidential Pardon (which is very rare).
- Will I go to a “Club Fed” prison? Maybe, but probably not. Minimum-security camps exist, but they are hard to get into. Many federal prisons are tough places. We fight to get you recommended for the best possible facility near your family.
- What is a “Grand Jury”? A Grand Jury is a secret group of citizens who hear the prosecutor’s evidence. If they agree there is “probable cause,” they issue an Indictment. You (the defendant) and your lawyer are not allowed in the room. It is very one-sided.
- Can I face both state and federal charges for the same crime? Yes. This is called “Dual Sovereignty.” It is rare, but the state of Nevada and the U.S. Government can both prosecute you for the same act (like robbing a bank). Double Jeopardy does not apply here.
- What is a “Mandatory Minimum”? This is a law passed by Congress that says the judge must give you a certain amount of time. For example, having 50 grams of pure meth might carry a mandatory minimum of 10 years. The judge cannot give you less, even if they want to.
- How long does a federal investigation last? It can last years. They build the case slowly. They interview witnesses, dig through trash, and wiretap phones long before they make an arrest.
- Is it a federal crime to lie to the FBI? Yes! This is often how they catch people. You might not be guilty of the main crime, but if you lie to an agent during an interview (Section 1001), that is a felony punishable by up to 5 years in prison.
- Can I appeal a federal conviction? Yes. The federal appeals court for Nevada is the Ninth Circuit Court of Appeals in San Francisco. We can appeal if the judge made a legal mistake.
- How much does a federal lawyer cost? Federal cases are expensive because they are huge. They involve thousands of documents and months of work. But compare that cost to 10 or 20 years of your life lost in prison. We offer fair pricing for elite defense.
We Are Here to Fight for Your Freedom
If you or a loved one is facing federal charges, or if you think you are under investigation, do not wait.
Contact The Law Offices of Michael I. Gowdey, Ltd. today. We have the experience you need and the reputation you can trust.
Visit us at https://gowdeylaw.com/
Sources:
- United States Sentencing Commission (Guidelines Manual).
- Federal Bureau of Prisons (Population Statistics).
- Pew Research Center (Federal Conviction Rates).
- District of Nevada – United States District Court Local Rules.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this does not create an attorney-client relationship. Past results do not guarantee future outcomes.