Chron offers tips for discussing felonies with potential employers. Protect your chances of landing a great job while showing companies you make a great candidate.

Practice honesty

Even if you skip an application question about your criminal past, today’s employers may easily conduct a background check and see your charge for themselves. Be honest when speaking about your federal crime. What if the application does not include a question about convictions? Reveal the truth during the interview, so you present yourself as an honest job candidate.

Do not shy away from specifics

Do not say you have a felony charge and leave it at that. Instead, explain the circumstances that led to your encounter with law enforcement. How much time did you spend in jail or prison? Are you still on parole? Mention how many charges and convictions you have. The fewer, the better.

Do not minimize

You already know a felony does not carry the same weight as a misdemeanor, so do not brush the charge off as something minor. Everyone makes mistakes, but the most important thing is to show you learned from your criminal past and use it to improve your present and future. Share what your conviction taught you and how it makes you a better person and job candidate. Downplaying your felony may give hiring managers the impression that you do not take the matter seriously and still have things to work on.

Having a felony does not immediately disqualify you from every job. Learn how to take control of your job prospects and your criminal past.

In the event you become involved in a case where law enforcement charges you with the illegal access of a computer, the CFAA is the law you will likely have to deal with. As explained by FindLaw, here is a rundown of some of the important aspects of this law.

The CFAA protects many electronic devices

At first, the CFAA just extended protection over computers used by financial institutions and the U.S. government. In later years, Congress amended the law to protect just about any computer in the United States. This does not just include personal computers, but desktop computers, smart phones and tablets.

Second convictions can be severe

Some first time offenses under CFAA, such as acquiring national security information, can land you in prison for up to ten years. However, chances are you might serve a sentence of one to five years for most CFAA offenses. But if law enforcement charges you for committing the same offense a second time, you might face a prison sentence of 10 or 20 years at the maximum depending on the charge.

Other laws may apply

The federal government has passed additional laws over the years that address computer crimes. Some of these laws duplicate the offenses listed in the CFAA. For instance, the Stored Communications Act protects data that rests in a computer just as CFAA does. You might have to deal with SCA as well as CFAA in a federal hacking case, which may increase the charges you have to fight as well.

Some hacking is legal

The key factor in whether hacking a computer is illegal comes down to consent. Some businesses hire people to hack into their systems to test the strength of their computer security. In such circumstances, this hacking would not be a crime under CFAA. You would run into trouble if you penetrated a computer or computer system without the authority to do so.

Try thinking about it this way: Law enforcement professionals commit hours of labor to uncover evidence of crimes. It takes training, technology and a high degree of inter-agency coordination to accomplish these complex endeavors. In the vast majority of cases, the only reason to expend this effort would be to secure a conviction.

Expect strategy

Because investigations are such an investment, you should probably be very careful if you find yourself the target. Federal law-enforcement agents are more than simply good researchers. They are good students of human behavior.

There are many different strategies they might use. For example, they could potentially approach you as allies, asking for you to uncover the criminal activity of one of your associates. Remember, that is their job — and it is unlikely they really need your help. If they are asking you, it could be a strategy to convince you to incriminate yourself.

Protect your rights

The greatest thing you can do for yourself and for your country is to protect your civil rights. Law-enforcement agents might try to convince you otherwise, especially if you are under investigation.

Civil rights are what makes this country great. They are what stands between you and unnecessary consequences due to abuse of government power. When you protect them, you protect freedom — your own and that of our society.

Federal investigations are not violations in and of themselves. However, it is important to hold those in power accountable for how they collect information about us. Also, if you suspect you are the subject of an investigation, please consider your rights before making any statements.

What are these penalties? How can they impact you in the future? And why is mail fraud a federal crime in the first place?

Why is mail fraud a felony?

The Congressional Research Service examines the sentencing for mail fraud. First, it is important to understand that mail fraud always results in felony charges. It is a federal crime due to the use of government property: the United States postal system. In other words, by sending anything through the mail, you use government property to aid in a fraud crime.

This holds true even if you used a private mail courier instead of the United States Postal Service (USPS). Why? Because even private couriers still rely on the government’s system of mailing. In addition, it applies to anything sent via the mail. This includes packages and boxes all the way down to postcards.

Penalties for mail fraud convictions

Due to its status as a felony, mail fraud convictions have hefty penalties. If convicted, you face up to 20 years in prison and a fine of no more than $250,000. For organizations, this fine rises to $500,000.

But if you targeted a financial institution or took advantage of a natural disaster, the penalty worsens. You face up to 30 years of imprisonment. The fine also rises to $1 million. After release, you may still face probation or a period of supervised release. This felony stays on record as well, which carries a stigma that can interfere in your ability to find housing or work for years to come.

White-collar offenses violate federal law, and a person facing these types of charges may experience some of the following procedures during the pretrial process. 

Federal investigations 

One or many federal agencies may have a role in investigating a possible offense. For example, the FBI investigates corporate fraud, but these other agencies may also participate or provide assistance: 

• The U.S. Securities and Exchange Commission 
• The Commodity Futures Trading Commission 
• The IRS 
• The U.S. Postal Inspection Service 
• The Department of Labor 
• The Financial Industry Regulatory Authority 

Often, federal investigators also work with state and local law enforcement departments and other agencies. 

The authorities do not have to notify someone that they are conducting an investigation against him or her. Steps in building a case include interviewing witnesses, executing search warrants, obtaining records and documents, conducting surveillance and reviewing financial data. Agents may have to subpoena records and obtain search warrants in order to access some evidence. 

Arrests 

A magistrate may issue a search warrant or a grand jury may indict a suspect and prompt an arrest. However, federal law enforcement officers do not have to obtain an arrest warrant from a judge before proceeding. Special agents may make an arrest as soon as the FBI has concluded probable cause exists indicating that the person is a suspect in the crime. 

Initial appearance and arraignment 

Without the arrest warrant or an indictment, the special agents must bring the suspect before a judge within 72 hours of the arrest. The judge then determines whether there is probable cause. If so, then the court tells the individual what the charges are, informs him or her of the right to legal representation and advises of the right to remain silent. 

Depending on the charges, the defendant may not have to remain in jail while waiting for the trial. Generally, only those the prosecutor believes are a danger to the community are not eligible for release. 

The defendant formally receives a copy of the charges and must enter a plea of guilty or not guilty to each charge. The plea may be the result of a bargain already reached between the defendant and the prosecution. 

Discovery and motions 

The defendant and the prosecution have the right to obtain information and materials relevant to the case from each other. Motions request actions from the court. Either party may file a motion to suppress or introduce specific evidence during the trial. Other common motions include requests for charge dismissal, disclosure of alibis and psychiatric evidence. 

After these proceedings, the defendant may face a trial before a jury or a bench trial before a judge. 

In any event, when facing a federal crime, it helps to understand how the system works. When it comes to death penalty cases, the Department of Justice must authorize the case first, according to Pacific Standard Magazine. Then, the U.S. Attorney General makes the final decision whether it may proceed as a death penalty case.

Death penalty case crimes

Most often, death penalty crimes at the federal level involve a murder or death due to your actions while committing another crime. However, there are some situations where death does not have to occur. For example, espionage, treason and trafficking large amounts of drugs into the country may not kill anyone but are all eligible for capital punishment. Kidnapping the President or Vice President also is such a crime. For many crimes, if the intent was to kill but no death occurred, it may still be eligible for the ultimate penalty. These crimes include using the mail system to send malicious articles with the intent to kill or attempting to kill a witness or juror in a continuing criminal enterprise case.

The details

If you go to trial for a federal death penalty case, you will have two defense attorneys. The prosecution is a U.S. attorney. If the jury convicts you, you will go to a prison in Indiana. You will also have one chance to appeal your case.

Facing charges that could lead to capital punishment is a serious situation. You need to be aware that such a case requires a strategic and educated defense.

A 20-year-old man purportedly went out with his minor-aged friends on a horse-shooting spree at Muddy Creek Greenway. The greenway is accessible by pedestrians and bicycles, but the man and his friends drove onto it in three vehicles, which were reported as stolen along with 10 guns. When law enforcement responded to a phone call revealing vehicles were on the greenway, they found several wounded horses.

Search warrants helped officials track down the suspects and his friends. Once in custody, the defendant was charged and accused of killing one of the horses with a stolen .22-250-caliber rifle and shooting another horse with a 12-gauge shotgun. A third horse was also wounded from some stray pellets.

Forsyth County prosecutors, however, did not have enough evidence to convict the man of the three felony animal cruelty charges that were filed against him. As part of a plea bargain where he admitted to guilt on one count for possession of a stolen firearm, the charges for contributing to the delinquency of his minor friends were dismissed. The prosecutors admitted that they did not have enough evidence to convict him over the death and injuries of the horses. To be convicted of a crime, prosecutors must provide evidence that was legally gathered and which shows that the defendant committed the offense beyond a reasonable doubt.

My page on federal criminal defense provides more information on facing felony charges.

The U.S. Courts explain that both state and federal court systems have multiple levels of courts. The federal courts hear and rule on cases based on federal laws whereas state courts hear and decide cases based on state laws. There are some situations that only occur in one of these courts. For example, anything involving bankruptcy only happens in federal court.

Both court systems allow you to appeal a decision to a higher court within that system. For example, if you have a case in state court, your appeal will be heard by a higher state court. One point that sets them apart is that if you appeal as high as you can go in a state court, it may not qualify to go before the U.S. Supreme Court. In federal cases, every case can be heard by the U.S. Supreme Court, but it is up to the court which cases it wants to hear.

Finally, when it comes to judges, federal court judges are nominated by the president and approved by the Senate. Judges in state courts may be elected or appointed. This information is for education and is not legal advice.

According to the United States Department of Justice, the judge determines your sentence by consulting legal sources and other pertinent information from your case. This happens after the jury finds you guilty. You should also note that only a jury can impose the death sentence, and in a federal case, the death sentence is only applicable for specific crimes, such as genocide, treason and murder. If you are under the age of 18, the Supreme Court stated you cannot get the death penalty because it is cruel and unusual punishment.

The judge will look at sentencing guidelines from Congress, which sets minimum and maximum sentences. He or she will also consider sentencing guidelines from the United States Sentencing Commissions. In addition, to determine the sentence, the judge will also consider all the factors of the case, such as your previous criminal record and the type of crime, along with reviewing a presentence report and statements from the victim, lawyers and you.

The judge imposes your sentence in court about a few months after your trial ends. This information is for education only. It is not legal advice.

Accomplice liability came in play during the case of an Alabama man who was charged with felony murder due to his role in a burglary. During the commission of the burglary, police shot and killed one of the man’s accomplices. The court’s guilty verdict in April 2018 stemmed from the theory that everyone involved in the burglary was guilty of the homicide because their actions led to the incident occurring in the first place.

In order to prove felony murder in court, however, the prosecution typically has to show that the defendant had knowledge that what he or she was doing was a felony and that his or her actions could potentially result in death. This may be applied when someone supplies illegal drugs to a person who later dies as a result.

Federal law also recognizes felony murder as a crime, and the penalties that could be assessed if a conviction is obtained can be severe, including decades in prison. People who are facing these types of federal charges might find it advisable to meet with a federal criminal defense attorney as soon as possible so that a strategy to combat the allegations can be constructed.