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Federal Defense

Federal Criminal Defense Lawyer in Texas

If you or a loved one has been charged with a federal crime in Texas, not just any lawyer will do — you need a federal criminal defense lawyer on your case if you have any hope of walking away with your life intact. Donald Flanary is an experienced, aggressive federal defense lawyer who is not afraid to fight for his clients in a federal court.

Because federal offenses are prosecuted aggressively, and often carry steep penalties, it is imperative that you don’t waste any time.

Contact a federal defense lawyer to start building your case today, the prosecution is building theirs.

What Are Federal Offenses?

Federal crimes typically incur much harsher penalties than crimes prosecuted in a state court. Federal prosecutors have less discretion in making sentencing decisions and federal judges often follow strict sentencing guidelines set by the federal government. Additionally, not only do federal crimes have a higher maximum penalty than state crimes, but most federal crimes come with additional punishment enhancements.

Federal crimes, which are defined by statutes enacted by the United States Congress, often include drug crimes, white collar crimes that affect interstate commerce or defraud the federal government, serious sex crimes, and immigration offenses. Some criminal offenses violate both state and federal law. In these cases, the United States Attorney’s Office will work with local and state law enforcement agencies to determine whether a case will be filed in state or federal court.

Offenses Prosecuted in Federal Court

Federal Sex Crimes

Sex crimes typically fall under federal jurisdiction when they cross state lines, involve commerce, or take place on federal land.

  • Child pornography
  • Child exploitation
  • Human trafficking
  • Kidnapping with intent to commit a sex crime
  • Trafficking for prostitution

Federal sex crimes are some of the most serious charges that a person can face, often representing life in prison or relegation to the Texas Sex Offender registry after a 20 year bid — and that is best case scenario. Don’t be convicted for something that you didn’t do. Call an experienced federal sex crimes attorney at Flanary Law Firm today.

White Collar Crimes

White collar crimes tried in a federal court are often fraud-adjacent. Essentially, fraud occurs when an individual or entity intentionally deceives another in order to gain something of value. Because fraud charges can be brought at the federal or state level, and against either a person or an entity, they require a specialized, aggressive lawyer. Some of the most common white collar federal offenses include:

Federal Drug Crimes

Although simple drug possession can be prosecuted at the federal level federal level, most federal drug crimes involve drug dealing or manufacturing.

Depending on the amount of the substance in question, you could be looking at decades in prison if you are convicted. Don’t be convicted. Call Donald Flanary, a relentless San Antonio drug trafficking attorney, to defend your freedom today.

Feel free to reach out and speak with our experienced team of professionals who are here to provide you with the path to victory for your case.
[FAQs]

A state criminal charge is prosecuted by the state in the state court system. Typically, state charges are lesser charges and often carry fewer penalties. Federal criminal charges are violations of federal law and are prosecuted by the U.S. attorney’s office. Federal offenses are often investigated by the FBI, DEA, or SEC, depending on the nature of the crime. Federal criminal charges tend to carry more severe penalties, including exorbitant fines and extended prison sentences. Federal cases also tend to take longer, especially if they go to trial, due to the nature of the charges and the many agencies working together with the prosecution.

Ideally, the best time to hire a defense attorney is as soon as you learn you are under investigation or there are charges against you. The sooner you contact our legal team, the sooner we can investigate your case and develop a legal strategy. Similarly, if you are asked to speak to law enforcement or the police, always contact a Texas criminal defense attorney on our team first. Police officers may be attempting to get information from you. We can advise you of your rights and even accompany you to the meeting to ensure you remain protected the entire time.

An arraignment hearing is the first initial hearing after a defendant has been arrested and charged. During this hearing, the defendant will learn more about the charges against them and their rights. A charged individual can either be assigned an attorney or request one. At this hearing, a judge will decide whether the defendant can be released until the trial or held in prison. If an individual meets the requirements for bail, they will likely be released until their trial date. The judge will review facts about them, like their criminal history and nearby family members, before deciding on bail.

In some instances, self-defense is a valid defense for a criminal act. Self-defense is defined as defending the health and wellness of yourself or another person from harm. In most cases, you cannot use more force than necessary to harm or kill another person. For instance, if someone with a knife attacked you, using a knife against them may be considered self-defense. Using a gun, on the other hand, may be classified as manslaughter or murder. If you are curious about using self-defense as a defense strategy, our legal team can review your case and advise you of your options.

No, you do not have to speak to the police even if you are arrested. Every individual has the right to remain silent, even if they are in jail or police custody. You must provide information about your identity, like your name, to the police if they ask. If you would like to invoke your right to silence, it is essential that you tell the police you wish to remain silent. Otherwise, your silence could be construed as unwillingness to cooperate with law enforcement, which can be used against you in court. You also have the right to hire an attorney for criminal defense in Texas before speaking to the police.

While going to trial is always possible, very few cases actually make it to court. In some instances, our Texas defense attorneys can argue against the evidence in your case to get your charges dismissed altogether. If not, our team can negotiate with prosecutors to secure a plea deal that reduces or even removes the penalties against you. If these options are not possible or not in your best interest, then your case will likely go to court. In that scenario, our team will spend time building a defense strategy to present before a judge to get you the outcome you deserve.

Many factors affect how long a criminal case could take. In most instances, a case will be resolved within about six months. However, the complexity of your case, as well as the witnesses and evidence involved, could make it take much longer. Generally, federal and felony charges take longer to resolve than state or misdemeanor cases. Similarly, cases that go to trial often take longer to resolve than cases that don’t, simply because a criminal trial can take multiple days or weeks. If you have questions about the timing of your criminal case, contact our law office today.

Generally, misdemeanor charges are less serious than felony charges. In most cases, misdemeanors are given to those who commit non-violent, non-sexual crimes. Under federal law, a misdemeanor is punishable by less than one year in prison and a few hundred or thousand dollars in fines. A felony, on the other hand, is a more serious offense and is punishable by a prison sentence of one year or more. Felony charges are typically given to those who commit violent or sexual crimes, especially if they already have a criminal record. You may face both misdemeanor and felony charges depending on your criminal offense.

Experience Matters In Your Case

Our law office team has years of experience working on a diverse range of criminal cases. Our practice has ranged from defending domestic violence offenses to drug crimes, DWI, theft, sex crimes, violent crimes, white-collar crimes, and more.

View More Case Results
Not Guilty

Defendant was charged with the unfortunate death of a 10-year-old boy in this intoxication manslaughter case before the 379th Judicial District Court of Bexar County, Texas, and was facing up to 20 years in prison. Donald H. Flanary, III., and his co-counsel were able to show the defendant’s side of the story and point out other factors that led up to the victim’s death, which were out of the defendant’s control. Don Flanary was also able to challenge the validity of the blood test done in the case, which he found issues with. Defendant was acquitted at trial.

Not Guilty

Defendant was charged with Interference with Public Duties in the County Court at Law No. 14 of Bexar County, Texas. Associate Amanda I. Hernandez assisted in the trial and helped secure a not guilty-by-directed verdict. There, the officer’s testimony did not match the charging instrument and the defendant was acquitted.

Mistrial

Defendant was charged with DWI in Bexar county and was represented by Donald H. Flanary, III., at trial. After a jury trial ended in a mistrial, the case was subsequently dismissed by the State.

Federal Immigration Crimes

Federal immigration crimes, because of the way in which immigration law and federal laws intersect, are some of the most complex cases tried at the federal level. Immigration related federal offenses carry steep penalties for all residents of the U.S. The most common federal immigration crimes include:

  • Unlawful entry into the United States
  • Remaining in the United States without authority
  • Human smuggling charges
  • Trafficking in passports or entry documents
  • Failure to surrender naturalization certificates
  • Fraudulently acquiring passports
  • Fraudulently acquiring entry documents

Federal Firearm Crimes

Weapons and firearm crimes account for a large portion of federal charges because weapons and firearms are so strictly regulated by federal law. Some of the most common federal firearm charges include:

  • Possession or use of a firearm in connection with a crime of violence or drug trafficking crime
  • Possession of a firearm by a convicted felon
  • Use of firearms or ammunition during a crime
  • Use of fire or explosives to commit a felony
  • Possession of guns or explosives in a federal facility, a school, or on an aircraft
  • Unlawful trafficking in explosives
  • Unlawful possession or transportation of firearms or ammunition

According to the United States Sentencing Commission, in the fiscal year 2015, drug, fraud, firearm and immigration crimes accounted for 81.6 percent of all federal cases reported to the Commission.

What Are the Penalties for Federal Crime?

Federal charges vary greatly in nature, but what they all have in common are serious consequences. If you are charged with a crime at the federal level and convicted, you can expect a lot more than just a mandatory jail sentence. Penalties for federal crime tend to be more comprehensive, and include punishments like:

  • Prison sentence (served in federal penitentiaries)
  • Fines
  • Probation
  • Loss of voting rights
  • Loss of right to own firearms
  • Travel restrictions
  • Sex offender registration
  • Ineligibility for to hold office in federal or local government
  • Loss of visa or residency status
  • Denial or citizenship

Being convicted of a federal offense is a life-altering ordeal. Avoiding a conviction is the only hope the accused have of retaining their freedom, rights, and quality of life.

How Can a Federal Defense Lawyer Help Win My Case?

Your attorney, after confidentially discussing the details of your case, can discuss with you your options, whether they be:

  • Fighting the criminal charges based on actual innocence
  • Fighting the criminal charges based on insufficient evidence or illegally obtained evidence seized either with or without a warrant
  • Cooperating with the Federal Government during the earliest stages of the case
  • Entering into plea negotiations with the prosecutor to minimize the possible sentence imposed in your case

After you retain a federal defense lawyer, they will meet with the case agent and prosecutor to discuss:

  • Evidence that is favorable to your defense or shows your actual innocence
  • What federal charges, if any, will be filed against you
  • Whether motions to dismiss or motions to suppress evidence can be filed
  • Whether a plea agreement can be reached before formal federal charges are filed against you

A specialized federal attorney will know how to work with federal prosecutors, who are known as Assistant United States Attorneys, to ensure that their client is treated fairly by the system. Federal crimes in the Western District of Texas are prosecuted at one of the four federal judicial districts in Texas. The headquarters of the Western District are in San Antonio. Additional offices are located in Alpine, Austin, Del Rio, El Paso, Midland, and Waco.

Hire a Texas Federal Criminal Defense Lawyer to Defend Your Freedom

Donald Flanary is an experienced, knowledgeable, and aggressive federal defense lawyer, who prides himself of winning for his clients. He knows how to defend federal offenses, and gets results. If you have been charged with a federal crime, defend your life. Call Flanary Law Firm today at (210) 738-8383 for a free and confidential consultation.

Feel free to reach out and speak with our experienced team of professionals who are here to provide you with expert guidance.

I was looking for a criminal defense attorney on the internet and am so happy I found Attorney Flanary. He reviewed our case for unlawful weapon carry for my son. He said that the weapon that was holstered was not in plain view and there shouldn’t have been an arrest. At the arraignment the case was dismissed. My 19 year old son did not even have to stand before the judge for the arraignment. I was completely pleased with the outcome. Thank you Don Flanary for taking care of our son.

Gerrie P.

The Flanery Law Firm is very professional. They were able to have my legal issue resolved very quickly. They examined all the evidence and conducted a complete investigation. The case was dismissed and I was cleared off all charges.

Lauren E.

Mr. Don and his team was so professional. They explained everything to me in the beginning and they got my case dismissed.
I recommend him to anyone needs legal support.

Ouka

I’m still not entirely sure how I ended up involved in a legal case, but I’m incredibly grateful for the help I received from Don Flanary and his team. He’s a serious, honest, and dedicated attorney who genuinely cares about his clients. Even though my case was unique and not straightforward, he took the time to understand all the details and brought in the right experts to support the team. He went above and beyond in handling my case, showing true commitment and professionalism every step of the way. While good lawyers might take a little longer to provide answers, I’ve learned that they take the time to give you the right ones. I highly recommend Don Flanary for anyone in need of expert legal representation.

Sah A.

Don scared me when I met him. He had that type of presence. I knew right then he was the right Man for the job. I was in a very dark place during the time leading up to meeting. He saw right through it and was a true blessing, I wish there was more I could say, but don’t hesitate to give them a call , you gotta find out for yourself what a great Attorney he and his people are.

James C.

My experience with Mr. Flanary and his Law Firm was greatly satisfying. He is very open minded with his questions and solutions. He relayed information from my case quickly and was able to put it in a way that me and my wife can understand easily what to expect next in the case. It really appealed to me when Mr. Flanary was in the courtroom he had the most common sense amongst his peers, which ultimately led to my case being dismissed before the trial! I highly recommend if you’re interested in protecting your freedom, this Law Firm is the place to trust.

Jesse C.

If you’re searching for exceptional legal representation, look no further than Flanary Law Firm, PLLC. From the very beginning, Don Flanary and his team demonstrated unmatched professionalism, expertise, and compassion. Don’s deep legal knowledge and fearless approach gave me confidence even during the most difficult moments of my case. He was transparent every step of the way, clearly explaining the process and helping me stay grounded during times of uncertainty. What truly stood out was the genuine care and meticulous attention to detail shown by Don and his staff. They treated me not just as a client, but as a person worth fighting for. Thanks to their tireless efforts, my case was successfully dismissed, and I’m beyond grateful. If you want a legal team that is committed, capable, and truly cares about your outcome, I wholeheartedly recommend Flanary Law Firm. They are simply second to none.

Andre B.

Donald Flanery is an excellent attorney. He listens to his clients, he asks questions to better understand the circumstances involved. He does not hesitate on working your case. The results we received were in line with the reason we chose Donald, he works the case and ensures the best outcome possible…in our case it was a dismissal! Thank you Flanery Law Firm, staff included!

Roy G.

I don’t usually leave reviews, but I had to for Don. I was facing very serious charges and a situation that could’ve changed my life forever. Don fought hard for me and never treated me like just another case. He was honest, stayed on top of everything, and made sure I understood each step of the process. Because of his work, I was given a second chance, and I’ll always be grateful for that. If you need a lawyer who truly cares and will go to bat for you, Don is the one.

Imond W.

“A lot of attorneys talk a big game, but Don and his team at Flanary Law Firm actually walk it like they talk it. They are honest, straightforward, and got my family and I the results he promised the best for.”

Past Client

“In the end, they are and feel will always be awsome. Because they truly love what they do and the proof is within the actions they take to care for you within your possibly life changing situation.”

Brandon R.

“Literally the best attorneys in San Antonio. They treat you like a person not just another case. They impressed me since first meet and I just knew they were going to take care of me. I’m so glad I trusted my intuition and that they are top-grade Attorneys. Case was dismissed today and I have been stressing over this for a while. So happy I chose Flanary law firm and I’m so happy I can move on from this! So thankful !!!”

Ilse A.

“Great experience with this firm. Don Flanary is amazing at what he does. I always refer family and friends to him. He never disappoints. He is one of the best lawyers I know.”

Shannon M.

“Don and the entire are professional, courteous, respectful, and highly knowledgeable of the law and circumstances surrounding complex case issues and legal maneuvering! I am forever grateful to Flanary Law Firms ability to help me and my family navigate through the complex legal system! I would recommend his firm to anyone looking to be defended by the best attorneys in town. He will not let you down!!”

Gutz Company.
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