Posted on Sunday, June 1st, 2025 at 9:00 am
Different criminal charges fall under different jurisdictions depending on the nature of the crime. For instance, with charges like DUI or assault, prosecution is in the hands of the state where the crime took place. However, certain crimes are considered federal offenses. In these cases, prosecution rests in the hands of the federal government. These charges generally come with more severe penalties under the law and much higher stakes. Suppose you’re facing federal criminal charges in Illinois. In that case, it’s crucial to understand the seriousness of the situation and get experienced legal help right away, as federal cases follow different procedures and often involve lengthy investigations.
Suppose you or someone you love is facing federal criminal charges in Illinois. In that case, it’s essential to understand how these cases differ from state prosecutions, what the legal representation process entails, and the possible outcomes. A federal prosecutor will be handling the case on behalf of the government, and they typically have extensive resources and experience. Navigating the Federal Criminal Justice Process can be overwhelming.
Please read more about DUI charges here: DUI charges dropped against cop
What Are Federal Criminal Charges?
When someone faces federal criminal charges in Illinois, they’ve been accused of a crime that violates laws passed by the federal government and enforced by federal agencies like the FBI, DEA, or IRS. The U.S. Department of Justice prosecutes these charges in one of Illinois’s three U.S. District Courts.
Some common examples of federal criminal charges in Illinois include:
- Federal weapons charges
- Drug trafficking across state or national borders
- White collar crimes like securities fraud or embezzlement
- Terrorism
- Large-scale conspiracies
- Federal weapons charges
What’s the Difference Between Federal and State Charges?
The big difference between federal and state charges is that federal charges involve crimes across state lines or impact national interests or security. Meanwhile, state charges concern crimes in just one state. Federal crimes are also typically larger in scope, which generally makes these cases more complex and penalties more severe.
The Federal Criminal Process in Illinois
When someone faces federal criminal charges in Illinois, their case will be prosecuted in the district where the alleged offense occurred. There are three districts—Northern, Central, and Southern—each with its own federal court where the trial will occur. These cases follow a structured process that includes:
Investigation
Many cases begin with an FBI criminal investigation, but the agency that conducts the investigation can vary depending on the nature of the crime. These investigations can be lengthy, as the federal arrest process can’t proceed without substantial evidence.
Charges
If the investigation produces enough evidence to suggest federal charges are warranted, the prosecution will either present that evidence to a federal grand jury or file a criminal complaint. If the indictment is secured, the defendant will be formally charged.
Initial Appearance and Arraignment
Within 24 hours of their arrest, the defendant will appear before a federal magistrate judge, informing them of their rights and the charges against them. The judge may call for pre-trial detention in federal court cases where the defendant is deemed a danger or flight risk, but otherwise, they will set bail at this time. At the arraignment, the defendant will enter their plea.
Pre-Trial Filing of Motions and Discovery
Potential evidence is cross-examined during this phase to determine if it’s admissible in a trial. The defense and the prosecution exchange evidence to build their federal criminal cases based on a shared body of information.
Preparing for Trial or Plea Deal
Most federal cases end in a plea deal. The rest go to trial presided over by a U.S. district judge and decided by a jury. Federal indictments require strong evidence, which means going to trial is a significant risk for defendants.
Sentencing
If pleading guilty, the defendant will have a sentencing hearing. Sentences are determined using federal sentencing guidelines, which consider factors like criminal history and the severity of the crime to determine fair, consistent penalties.
Penalties for Federal Criminal Convictions
Federal crimes carry harsh penalties that vary depending on the nature of the crime. Those penalties include:
Long Prison Sentences
Things like weapons charges and drug trafficking carry mandatory minimum sentences of anywhere from five years to life. For instance, with weapons charges, federal law mandates a seven-year minimum sentence for brandishing a firearm, while the mandatory minimum for discharging a firearm is 10 years.
Please read more about the unlawful use of weapons here: Urbana teen charged with unlawful use of weapon
Fines and Restitution
Those charged with drug and gun offenses, and especially those charged with white-collar crime in Illinois, often have hefty fines imposed. Victims of federal crimes may also be awarded restitution to be paid by the offender.
Supervised Release
After they serve their sentence, most federal offenders must complete a supervised release. This involves strict limitations on travel, drug testing, and regular check-ins with a federal probation officer.
Other Consequences
Federal convictions can have ramifications outside of prison, as well. Offenders may lose federal benefits and professional licenses, be banned from firearm possession, and face deportation depending on their citizenship status.
Contact an Illinois Federal Criminal Lawyer
If you’re facing federal criminal charges in Illinois, you need an experienced federal criminal law firm to defend your rights. For over four decades, Bruno Law Offices has supported Illinois clients through some of the most challenging times of their lives and sought fair outcomes. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. Call (217) 328-6000 today for your consultation.