More than 90% of individuals who are prosecuted in federal court are convicted. If you are facing federal charges, it is of utmost importance that you entrust your case to a hard-hitting federal criminal defense attorney to vastly improve your chances of securing a reduction or dismissal of your charges.
There are situations where it’s in the defendant’s best interest to plead guilty and accept a federal plea agreement. For example, the prosecutor might allow a guilty plea to a lesser charge or dismiss another charge that carries mandatory minimum penalty.
If you don't have the financial resources to pay for an attorney, you will typically need to ask for court-appointed counsel (before or at one of your first court hearings) and fill our paperwork on your financial resources. Learn more in our article on public defender representation.
What Are Federal Charges? Federal crimes are offenses that specifically violate U.S. federal laws. Federal offenses are prosecuted by government agencies such as the Federal Bureau of Investigation (FBI) and can oftentimes carry penalties that are far more severe than those levied by state courts.
While it is good at least to know that you are charged, it would be much more helpful to know in advance that you have a charge against you. If you are arrested by an FBI or other type of federal agent, you then are brought into the federal district court and are put in front of a magistrate.
Bankruptcy Lawyer. Bankruptcy lawyers are experts in the U.S. Bankruptcy Code, and handle insolvency issues for individuals or corporations. ... Business Lawyer (Corporate Lawyer) ... Constitutional Lawyer. ... Criminal Defense Lawyer. ... Employment and Labor Lawyer. ... 6. Entertainment Lawyer. ... Estate Planning Lawyer. ... Family Lawyer.More items...
AGs investigate and bring actions under their states' respective unfair, deceptive, and abusive practices laws (“UDAP laws”). UDAP laws tend to broadly prohibit “deceptive” or “unconscionable” acts against consumers.
Here are a few questions to help you determine what type of law would be a good fit for you:How Much Do You Like to Argue?How Motivated You Are by Money?How Much Control Do You Need Over Your Work Life?How Much Interaction Do You Need With Other People?What Do You Like to Do?
When a court decides someone is "indigent" - with few assets and no funds to pay an attorney - generally either a private lawyer will be appointed by the court and paid with county funds, or a public defender program will be appointed to represent the person.
The most common signs of being under investigation include talking to your friends, employees acting abnormally, and even an investigator leaving a business card on your door. Oftentimes, if the DOJ or FBI brings you under its investigation 'claws,' they may not confirm that you are a target.
deferred prosecution agreementA deferred prosecution agreement, or “DPA,” is a mechanism for resolving a case against a company that is, essentially, an unofficial form of probation. Although usually used to resolve a criminal case, civil enforcement agencies like the SEC have begun to use them as well.
Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.
You can pay anywhere from $50 to thousands per hour. Smaller towns and cities generally cost less while heavily populated, urban areas are most expensive. The more complicated the case and the more experienced the attorney, the more you'll pay. Lawyer fees can range from $255 to $520 per hour.
What Is a Civil Attorney? Civil attorneys are more popularly known as litigators. These professionals work primarily on civil lawsuits filed in civil courts but they may also participate in arbitration and mediation processes. These trials and processes may take place aren't always found in the courtroom.
Most certainly, yes! A good lawyer can get you out of anything. Of course, other factors are considered other than your lawyer's performance when we talk about getting you out of anything; however, if we focus on the lawyer's performance alone, I can say that a good one will get you out of anything.
After placing the suspect under arrest, the officer will say something similar to, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.”
A lawyer who works pro bono does not get paid for the commitment on the case. To cover the loss of income, lawyers often cover the pro bono cases through charges to paying clients. Others work on a “no win, no fee” basis. They only get paid if they win the case.
Also, if you are convicted of the federal charges, you will serve your sentence in a federal prison, which often times is much farther away from your home and family than in state court cases.
How do crimes fall within federal court’s jurisdiction? A crime will fall within the federal court’s jurisdiction generally if a federal law enforcement agency (i.e., FBI, DEA, ICE, USPS, etc.) is investigating the crime and/or if the crime falls within the jurisdiction of federal charges (on or against federal property, ...
In federal court you will have to serve 85% of your sentence if convicted of federal charges. Thus, if you are sentenced to 10 years in prison, you will actually serve 8.5 years in prison. However, for most state felony convictions, you will only serve 50% of your actual sentence. Additionally, in some serious felony matters, ...
Generally, the maximum punishment for federal crimes is much higher than the punishment for state crimes. Federal prosecutors have much less discretion in negotiating plea bargains than state court prosecutors. Federal judges have much less discretion in sentencing decisions. Federal judges must follow strict sentencing guidelines ...
The bottom line is federal sentencing is much harsher than state sentencing in almost every situation. The sentencing for federal criminal charges may be impacted by several factors. Thus, you need an experienced federal attorney by your side.
The complaint is written by the US attorney on the case about the federal crime charge. If there is a preliminary hearing, which seldom occurs at the federal level, once you are bound over, you proceed directly to trial without going to the grand jury.
If federal agents visit you and go through your home, then you know you are a target of an investigation. But you will not know if there are charges against you until you are placed under arrest. Lastly, there are cases where you could be charged with a federal crime and be unaware of it.
If you are arrested by an FBI or other type of federal agent, you then are brought into the federal district court and are put in front of a magistrate. In this type of case, it is obvious you have been charged with a federal crime.
But remember that a search warrant is not proof of anything and does not mean there is a federal charge against you. If agents have done a search on your home and gone through your things, it is helpful to contact your attorney to see what the status of the investigation is.
Another possibility is that the Secret Service or another federal branch of law enforcement will execute a warrant on your home or office. Agents may come in and go through your papers and personal effects. This can be a very upsetting experience.
A federal officer may come to your door and ask you questions. They will tell you it will help your case if you talk with them, but many experts would advise saying nothing without talking to a federal charge defense attorney first.
The feds cannot carry out surveillance without approval from a judge otherwise this would invade your constitutionally protected privacy rights as contained in the fourth amendment to the United States Constitution.
Criminal defendants need to consult with their lawyer to ensure they understand all the aspects of a plea agreement and whether accepting one is in their best interest. Plea agreements are a familiar to most people. It’s a way to potentially obtain a favorable outcome early in the federal criminal process.
Federal prosecutors frequently prefer a plea agreement because it not only obtains a criminal conviction, but also saves significant time and expense of taking the case to trial. There are numerous situations where a defendant will decide to accept a plea agreement in a federal criminal case. For example, a defendant is well aware ...
If accepted, then the defendant will plead guilty and be sentenced. If rejected, the case will proceed as usual. Federal judges could recommend some prison time and that you participate in some programs in prison.
In other words, accepting a plea agreement is the best possible outcome. The federal sentencing guidelines provide a reduced sentence for defendant’s who plead guilty and accept responsibility for their conduct.
In federal courts, a defendant’s sentence is determined by the federal sentencing guidelines which are based on numerous factors. In most cases, the criminal lawyer can give an estimated sentence, but there is no guarantee. Normally, a defendant will plead guilty and then return for a federal sentencing hearing months later.
There are also situations where the defendant might have played a minor role in the crime, even possibly innocent, but will accept a plea agreement to resolve the case quickly without a trial. In most federal criminal cases, a plea agreement will reduce a defendant’s risk of a long federal prison sentence.
Plea Agreements in Federal Criminal Cases. The vast majority of federal criminal cases never make to a trial, rather they are resolved through a plea agreement between the defendant’s criminal defense lawyer and the federal prosecutor. Plea agreements typically involve a defendant pleading guilty in exchange for a getting some federal charges ...
In addition, the prosecutor is the one who will decide whether to bring any formal criminal charges at the end of the investigation. Thus, the prosecutor ’s opinion on the merits of the case is important to the agents working the case.
Because federal law enforcement agents have the advantage in resources, training, and expertise over the ordinary defendant, it is important that any individual who is the target of a federal investigation immediately seek guidance from an experienced attorney familiar with the federal investigative process.
A federal investigation can take a long time. In some cases, agents may investigate a case for years before bringing any federal criminal charges. Moreover, federal investigations tend to be conducted in secret; documents and reports pertaining to the investigation may be classified; agents involved in the investigation may be instructed to not discuss it in public. During this time, the subject of the investigation may not even be aware that he is under investigation until agents are knocking on his door to make an arrest. Individuals frequently only find out that they are under federal investigation when one of the following things occur: 1 A federal prosecutor formally notifies you that you are the target of an investigation through a target letter. 2 A federal law enforcement agent contacts you by phone and asks for a meeting. 3 Federal agents show up unannounced at your home, place of business or other location that you frequent, and try to interrogate you. 4 Federal agents execute a search warrant at your home or place of business. 5 You receive a grand jury subpoena requiring you to testify or provide documents. 6 Former colleagues or business associates tell you that they have been interviewed, searched, or subpoenaed to testify in connection with activities that you were involved in.
Similarly, if you receive a subpoena requiring you to produce documents, an attorney can often reach out to prosecutors and significantly narrow the scope of what should be produced. An attorney can also advise you as to what documents you may have a right to withhold from production.
A real estate loan officer was implicated in a mortgage fraud investigation in the Eastern District of Virginia, Alexandria Division. No charges filed. An individual was questioned by federal agents and prosecutors in a securities fraud investigation in the Eastern District of Virginia, Richmond division.
For example, agents may show up unannounced at a suspect’s home in the early morning to ask questions and interrogate the individual, at a time when the individual is not fully alert or prepared, to gain a psychological edge.
Federal agents show up unannounced at your home, place of business or other location that you frequent, and try to interrogate you. Federal agents execute a search warrant at your home or place of business.
If a crime victim is under 18 years of age, incompetent, incapacitated, or deceased, services should be provided to one of the following representatives of the victim (in order of preference): a spouse, legal guardian, parent, child, sibling, another family member, or another person designated by the court. More than one representative victim can ...
Rights of Federal Crime Victims. The victims rights movement of the 1970s and 1980s resulted in the creation of many programs designed to assist victims of crime and in the passage of laws at the local , state, and federal level establishing certain rights for victims. These rights and services vary somewhat from state-to-state, ...
§ 3771, if federal charges are filed involving images or material depicting the victim, victims (or a parent, guardian, or other appropriate alternate contact while victim is a minor) will have the following rights: The right to be reasonably protected from the accused;
Attorney's Office. The FBI's responsibility for assisting victims is continuous until the investigation is closed or until it is turned over to a U.S. Attorney’s Office for prosecution.
Foreign citizens may be victims in some cases. Businesses, corporations, and non-profit organizations can be eligible victims, and an authorized representative of the entity should be designated for purposes of notification. A government agency or entity is not considered a victim for purposes of these rights.
Within the complex criminal justice system, a defense attorney serves as the defendant's guide, protector, and confidant. (At least that's how it's supposed to be.) Defense attorneys are usually grouped in two camps: court-appointed attorneys paid by the government and private attorneys paid by the defendant. ...
These court-appointed attorneys are either public defenders who are on government salary, or they are so-called "panel attorneys," local attorneys chosen from a panel. A small fraction of criminal defendants (approximately two percent) represent themselves and are referred to as "pro se" or "pro per" defendants.
Defense counsel also provide more personal services by giving the defendant a reality check as to the possible outcomes and by helping the defendant to deal with the frustrations and fears resulting from being thrown into the criminal justice system. And of course, if no plea deal can be made, the defense lawyer represents the defendant at trial.
Many private attorneys are former prosecutors or public defenders. Based on studies that evaluate the outcomes of having a private versus court-appointed attorney, data seems to indicate that the results for defendants are often the same.
The judge is required to determine the defendant's competency. That's because a defendant who cannot provide a competent defense cannot get a fair shake, even if the defendant is adamant about not accepting the services of a court-appointed attorney.
What is clear is that being represented by a lawyer is almost always the best option. Nevertheless, some criminal defendants represent themselves. The decision of whether a defendant can self-represent is ultimately made by the judge, not the defendant. The judge is required to determine the defendant's competency. That's because a defendant who cannot provide a competent defense cannot get a fair shake, even if the defendant is adamant about not accepting the services of a court-appointed attorney. When determining whether a defendant can go pro se, a judge will consider factors such as:
If the defendant is convicted of multiple charges, then he or she is likely to spend more time in prison. Someone who has been charged with five crimes, for example, might choose to plead guilty to one or two of them in exchange for the other charges being dropped.
If you are offered a plea bargain with an appellate waiver, you should talk to your attorney to determine if the waiver can be thrown out or reduced in scope. Following these tips can help you to spend as little time in federal prison as possible.
The prosecution normally likes to enter into plea agreements because it saves the time and expense of going to trial and it guarantees a conviction. A defendant might want to enter a plea agreement in several circumstances: The defendant knows that he or she is guilty and wants to bargain for a lesser sentence.
Many defendants decide to go for a plea bargain because the odds are high that if you are convicted, the sentence will be much worse. On many federal charges, such as ones involving drugs, there are harsh minimum sentences that the judge must impose.
Plea bargains in federal cases are full of hazards, as the rules of Federal Criminal Procedures make sure that you will not have access to much of the discovery in the case. It is common for federal prosecutors to offer little in return for what they demand from you.
Only 8% of all federal criminal charges in 2013 were dismissed, and more than 97% were completed through plea bargain. And only 3% went to trial. The plea bargain often will decide the sentence that is given to you. Many defendants decide to go for a plea bargain because the odds are high that if you are convicted, the sentence will be much worse.
The first instinct for most people who are not guilty of the crime they are accused of committing is to fight. Most people do not want to plead guilty to something that they did not do. However, in some cases it can be appropriate for innocent people to plead guilty.
The prosecutor’s role in criminal charges. The prosecutor’s office will review the police reports to decide if the evidence warrants filing charges. At this stage there needs to be more than the probable cause for an arrest. The evidence needs to be good enough to make winning at trial likely.
A criminal case is not like a civil case, in which you can file a lawsuit against the person who wronged you. Instead, the prosecutor’s office files criminal charges. You may influence the decision, but in the end it’s up to the prosecutor.
That means you have to file your report early enough to allow the police and prosecutor time to do their jobs. If you have any questions about pursuing criminal charges or testifying against a suspect, a criminal lawyer in your state can help you understand your rights in your specific case.
But even with your help, the prosecutor may decide the case isn’t strong enough to press charges . This can be frustrating, but the final decision is the prosecutor’s. The prosecutor may also move forward with the case even if you decide you don’t want to press charges.
If someone has committed a crime against you, it’s normal to want to press charges against that person. However, getting criminal charges filed is not quite as simple as filing a civil lawsuit.
Sometimes you may not be sure if you want to file a police report after a crime. That’s your right, but in most cases you have a limited amount of time to make that decision. Prosecutors must file charges within a certain amount of time—called the statute of limitations —after a crime occurs.
Even though you can’t file charges yourself, your cooperation makes it more likely the police and prosecutor can make a strong case against the suspect. This is especially true if your statements are the main evidence against the suspect. Without your cooperation there may not be enough of a case to go to trial.
The weapon of choice for fraud criminals is not a gun or a knife. Rather, it is most often a telephone, letter, glossy publication, or brochure offering free vacations, merchandise, investment opportunities, or services. Not all frauds involve the direct selling of goods to consumers.
The fraud criminal for taking financial advantage of you, betraying your trust, and jeopardizing your financial independence and security. Your family, friends and colleagues for blaming you, being upset over what they perceive as your lack of judgment, or withdrawing financial or emotional support.
You may experience feelings about: 1 Yourself. That old saying, "Hindsight is 20-20," is never more true than in financial fraud crimes. Many victims believe they should have known or recognized what was going on, or blame themselves for being too trusting or naive. 2 The fraud criminal for taking financial advantage of you, betraying your trust, and jeopardizing your financial independence and security 3 Your family, friends and colleagues for blaming you, being upset over what they perceive as your lack of judgment, or withdrawing financial or emotional support. 4 The investigative and prosecutorial phases of the justice process, especially in cases that progress slowly or do not result in financial outcomes favorable to you. 5 The news media for failing to warn the public about fraud schemes or for exploiting victims when fraud crimes are reported. 6 Consumer protection agencies for failing to protect your interests. 7 Creditors who don't understand your dire financial circumstances. 8 Community, state and federal agencies if their resources are limited or they do not have the authority to help you.
Shame, guilty, embarrassment, and disbelief are among the reasons that only an estimated 15 percent of the nation's fraud victims report their crimes to law enforcement. Other reasons include victims' doubt about their own judgment, a sense of betrayal, and fears about how their family members, friends, and business associates will react.
Fraud occurs when a person or business intentionally deceives another with promises of goods, services, or financial benefits that do not exist, were never intended to be provided, or were misrepresented. Typically, victims give money but never receive what they paid for.
As the victim of a federal fraud crime, you may suffer financial and emotional harm and even medical problems relating to your victimization. And you are not alone. Millions of people in the United States are victims of fraud crimes each year.
Fraud crime is a personal violation. Your trust in your own judgment, and your trust in others, is often shattered. You may feel a sense of betrayal, especially if the perpetrator is someone you know. You may have hesitated to tell family members, friends, or colleagues about your victimization for fear of criticism.