Being accused of a federal crime now means creating the best defense strategy for yourself against the federal government.
Federal laws, penalties, and the individuals who prosecute federal cases are completely different from the handling of state cases. Federal prosecutors have the resources to prosecute vigorously and are some of the toughest in the nation.
The prosecution level is high – over 90 percent of those prosecuted at the federal level are convicted. This means over 90% of those prosecuted at the federal level are convicted. This means the quality of your defense is critical and requires the skills of a highly trained attorney.
Facing an Arrest For Federal Criminal Charges
Anyone facing criminal charges is presumed innocent until proven guilty.
In cases with federal charges, an arrest is not made at the federal level unless there is already significant evidence and the prosecution feels confident that it will result in a conviction.
When it comes to a federal offense, federal enforcement agents may question you without making a formal arrest, or they may execute a search warrant. Once you believe you are the object of a possible federal investigation, it is important to seek immediate legal representation.
The Importance of Legal Representation
While the state courts have jurisdiction over criminal matters, they will not hear cases involving federal crimes as they are offenses considered unlawful by the United States federal legislation and violate the United States Constitution. Federal cases must be heard in the federal court system, with different procedural rules and prosecutors.
In addition to those offenses that will only be heard in federal court, state crimes can be handed over to the federal government if the crime or evidence occurred over state lines. In this case, offenses handed over to the federal courts will be charged and prosecuted far more vigorously versus state level.
Federal law enforcement agencies that can be involved in prosecuting federal offenses include
- Federal Bureau of Investigation
- Bureau of Alcohol, Tobacco, Firearms, & Explosives
- Immigration and Customs Enforcement
- Securities and Exchange Commission
- Internal Revenue Service
- Drug Enforcement Agency
- Secret Service
- Department of Homeland Security
Understanding Your Rights
If you are being considered in a federal case, it is important to understand your legal rights from the very beginning. Under the 5th and 6th amendments to the U.S. Constitution, you have constitutional rights afforded to you.
The most well-known are your Miranda Rights, including your right to counsel and your right against self-incrimination.
– You have the right to remain silent. Anything you say can and will be used against you in court
– If you have started answering questions, you have the right to stop any time
– You have the right to speak with an attorney before questioning and to have an attorney with you any time during any questioning
– An attorney will be appointed to you if you cannot afford one
While you are not required to give law enforcement information regarding the specifics of a case, you are required to provide them with accurate information such as your name, birthday, address, and other necessary personal information. Providing inaccurate information will only work against you and put your chance of posting bail at risk.
Pretrial
Federal criminal cases will begin either with a criminal complaint or an indictment.
A criminal complaint is prepared by the U.S. Attorney’s Office in cooperation with the law enforcement agency investigating your case. Your case is then presented to a Federal Magistrate judge who will decide if there was a crime committed and if you, the individual charged, is likely to have committed the crime.
Your case now has 30 days to proceed through a Grand Jury for an indictment to enable it to move forward. In rare cases, the federal prosecution may choose to offer participation in a pretrial diversion program instead of proceeding with formal charges.
An indictment, or a formal written charge, may be handed down by a Grand Jury that has already decided that there is a reasonable cause to believe that a crime was committed by the person charged. The indictment is then presented to the court, and it moves forward.
Bail
During the pretrial phase, bail will be set if appropriate.
Before a bail hearing, a member of the Pretrial Services Office will interview the accused to get personal information such as family, employment, finances, and any information regarding prior convictions and make a recommendation regarding bail.
Everything said will go into the bail report for the court to consider and confirm. If the court believes that bail is appropriate, it will set restrictions while the case is pending. A defendant must obey all conditions of the bail, otherwise, it may be revoked, and additional charges can be brought based on the violation of conditions.
Arraignment
Once a case proceeds beyond indictment, the next phase is the arraignment.
At this time, you will be advised of your formal charges and asked whether to plead guilty or not guilty. Most individuals plead not guilty, and a trial will proceed. In some cases, the defense may decide to file pretrial motions. A judge decides whether the motions have merit or not, and you will plead depending on the outcome.
Discovery
Generally, within 70 days of an indictment, a case will proceed to trial.
Before the trial, both the defense and prosecution will exchange evidence relevant to the case, also known as the discovery phase, where pertinent information is shared between both parties. Depending on the nature of the case, evidence may include any witness statements, investigator reports, forensic reports, or other documents or records that may be useful in preparation for trial. Sharing evidence in discovery prevents surprises during your trial and increases the odds of a potential plea bargain.
Plea Bargaining
Until a verdict has been rendered in your case, there is the availability of a plea bargain or negotiation between the prosecution and the defense.
Due to the unpredictability of a federal trial, roughly 96% of criminal cases are resolved through negotiated pleas. Most pleas allow the prosecution and the defense some leverage and control over the results.
If both sides agree upon a Plea Deal, a Plea Agreement will be drafted, which will set out the terms of the plea and determine which charges will result in a guilty plea and which charges will be dismissed.
While you may choose to take a plea deal instead of the uncertainty of a trial, you should be aware that you will give up some important legal rights and will still have a criminal conviction despite a lesser one. You need to understand all possible consequences, including the collateral consequences of your criminal conviction.
Sentencing
After a plea or verdict, the next step will be sentencing.
Sentencing differs at the federal level. Although they are still bound to mandatory limits and imprisonment terms, federal judges have a great deal of discretion when imposing a sentence. In many cases, you will be making the decision between pleading guilty or going to trial with only a broad of what your sentence should be, and this is why the defense attorney needs to know and understand the mindset of the prosecution and judge when guiding you.
Criminal Defense
In federal court, many individuals are initially charged with a document known as a complaint. You will then receive a summons to appear before the court, or a warrant will be issued for you to be arrested and brought to court.
In terms of complexity and the stakes involved, the types of criminal allegations that professionals and business people can face far exceed typical street crimes.
Handling serious federal charges is a different kind of criminal defense. Federal charges require a specific level of experience through investigatory tactics, and a firm understanding of the complex laws that define fraud and other white collar crimes.
Common Cases Heard In Federal Court
In some cases, there can be an overlap between State and Federal law. It is important to find an attorney who has experience defending cases in both and will understand the sharp contrasts between the laws.
Some of the most serious crimes heard at the federal level include
- Homicide
- Counterfeiting
- Firearms offenses
- Insurance fraud
- Computer crimes
- Narcotics distribution
- Racketeering
- Bank Fraud
- Securities Fraud
- Money laundering
- Child Pornography
- Conspiracy
- Wire Frraud
- Medicare Fraud
- Tax Evasion
Given the high conviction rate of these federal offenses and the most severe penalties, it is critical to get the representation of any attorney with experience at the federal level.
Federal Criminal Defense in New York
Defense strategies in any federal criminal case will depend on the facts and circumstances surrounding the particular case, the evidence, and the specific law that has been violated.
In most federal cases, prosecutors rarely bring charges if they are unsure of a conviction and without an enormous amount of evidence. This is why it is so important that you have the most skilled New York federal criminal attorney possible. When the priority in any criminal case will be to get a not guilty verdict, charges dropped, or the case dismissed, the goal will always be the best outcome possible given the charges and evidence.
Defend Your Rights Today
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.
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