Top Federal Criminal Defense Lawyers

Plea bargains are agreements between a defendant and a federal prosecutor. In this agreement, the defendant pleads guilt in exchange for reduced charges, or to get a lighter sentence. These agreements provide benefits to everyone. For the prosecutor assigned to the case, they can resolve the case without the time spent on a trial. For a defendant, it means they will get a lighter sentence, or have charges reduced/dismissed.

Plea bargaining in federal criminal cases aren’t the same as getting a plea-deal in state cases. There are different laws, and considerations, when it comes to federal criminal cases. Federal judges also have wide discretion when imposing the sentence. In state criminal court cases, the plea agreements are often done orally, and then put on the record with waiver of rights form being the only written record of the terms.

Federal criminal cases which are being handled by plea agreement feature length written documents. These documents are extremely detailed, and contain a lot of information about the admissions the defendant is making, the rights the defendant/government are giving up, and the agreement of both parties to the sentencing, and other information about the case.

Federal plea deals aren’t always the final word. Defendants need to understand that the sentencing ranging which is agreed upon by federal prosecutors is only a recommendation to the judge.

If you’re wondering whether to accept the plea agreement or night, it all depends on your criminal charges and whether you can win at trial. Deciding whether to go to trial or accept a plea deal can be very difficult. Most criminal cases don’t go to trial. They are usually resolved via plea bargains. Does this mean you should accept a plea bargain and avoid going to a trial? Well…the answer is – it depends. Just because most cases are resolved through plea bargains doesn’t mean you should accept a plea deal and avoid going to trial.

In order to determine whether you should accept a plea deal or not, you should speak to a qualified Federal criminal lawyer.

Here are some factors you may want to consider when looking at a potential plea offer from a prosecutor

• Discuss the plea deal thoroughly with your attorney. Have an exhaustive conversation and leave no stone unturned. This is important so you feel comfortable with what you’re about to do.  Your federal lawyers will help you understand the terms, possible criminal sentences, and how it can impact your case. The professional perspective of your federal defense attorney is crucial, especially in trying to understand the pros and cons of the plea deal.
• You want to consider the evidence against you, and how likely you are to be found guilty – if you go to trial. A plea deal may be better than risking a guilty verdict and being sentenced harsher sentence. You want to take into account all of the evidence against you. Don’t be overconfident. Make sure you’re doing a correct count of the evidence and how harmful or helpful it is.
• Look at the benefits – a plea agreement may result in some charges being dropped or reduced, leading to less jail time. Your plea deal gives you more certainty rather than leaving your fate up to a judge.
• Weigh the costs of taking the plea deal – you will have to admit guilt and there may be limits placed on your appeal rights. There are lifelong ramifications of taking a guilty plea. Consider the impact a guilty plea could have on your personal and professional life – things like your right to vote, right to bear arms, could all be impacted if you plea guilty.
• Get a second opinion by consulting with another federal defense lawyer if you don’t feel confident in the advice you’ve gotten from your criminal lawyer. Their outside perspective may be helpful. It’s super helpful to speak to a variety of lawyers.
• Consider how going to trial could impact you and your family emotionally, physically, and financially versus accepting a plea.

The choice of whether you take a potential plea is yours alone. Do not let anyone force you, including your lawyer or family member. You should consult with everyone, but take your own advice always. Carefully weigh the plea offer, trust yourself, and determine what is in your best interests legally and personally.

The United States Federal Sentencing Guidelines are essentially rules, which federal judges have to follow when deciding criminal sentences for defendants in cases. Here’s a quick overview of how federal sentencing guidelines work and how they could potentially impact defendants:

• The federal guidelines provide a pre-calculated range of recommended criminal sentences based on the offense committed and the defendant’s previous criminal history. Judges use this range as a starting point and have some leeway.
• There are some factors that are important, like the severity of the crime, whether weapons were used, financial and economic losses, and the defendant’s role in the crime — all of these variables affect the final calculation. Mitigating factors can reduce the sentencing range.
• Federal judges must consider the guidelines, but they aren’t mandatory. Federal judges can impose sentences above, or below, the sentencing range if the circumstances warrant it.
• For you – the defendant, the federal guidelines provide an estimate of what your potential final sentence could be. Knowing the sentencing range helps inform you plea deal decisions and sentencing expectations.
• During the sentencing phase, your federal attorney will present arguments for a lower sentence based on the guidelines, calculations and other mitigating factors in your case.
• If you receive a sentence above or below the federal guidelines, this can be used as grounds for an appeal after sentencing.
• The federal sentencing guidelines look to provide consistency in sentencing across similar cases. It’s fair to say – they are complex and you should discuss how they apply specifically to your situation when speaking to your federal defense attorney.

Have you or someone you care about received a target letter from federal law enforcement? If so, some of the information below might be helpful to you. This isn’t a substitute for legal advice. It’s a good start though. Target letters are a way by which the federal government tells individuals they are a target for criminal prosecution. It means the prosecutor assigned to the case believes you’ve committed a crime. This is good time to hire a federal defense lawyer. This letter might come after federal agents have tried to interview you, or it might come out of the blue.

This is used frequently in white collar cases, and it’s the first indication you’re under investigation.

The US Attorney’s Manual defines someone as a target, when there is substantial evidence. The target letter will notify you about a number of things, such as:

• informing you that you are a target in a federal grand jury investigation
• the crime, or crimes, you are suspected of committing
• your right to assert the Fifth Amendment
• information for getting a court-appointed lawyer

The target letter will caution you against destroying any evidence, such as acts which could be understood as obstruction of justice, and may even encourage you to reach out to the prosecutor assigned to your case to discuss the case. These letters typically follow a standardized format.

If you received a target letter, it doesn’t necessarily mean you are going to be indicted. 

Prosecutors are not always able to gather sufficient evidence to indict targets of investigations. In some cases, your federal criminal defense attorney will be able to persuade the prosecutor to close the investigation, or reclassify you as a witness. This will depend on the facts of your case. In most circumstances the government isn’t required to issue target letter. In fact, they aren’t as common as you think. Most of the time – the government doesn’t want the target of an investigation to know their status – because then the target the might be more likely to obstruct justice or flee.

Here are some suggestions on what you should do after getting a federal target letter

Retain a Federal Attorney

The first and most important step after you get a federal target letter is to hire an experienced federal defense attorney. Do not speak to any investigator, regardless of how nice they look – without your attorney present. As they say on TV, anything you say can and will be used against you in a court of law. Your federal lawyer will guide you through the entire investigation process, offer advice on responding, and most importantly – negotiate with prosecutors on your behalf. Your federal attorney is responsible for helping you make sure you don’t make any mistakes – in addition to preventing you from incriminating yourself.

Do Not Tamper or Destroy Evidence

Destroying evidence, or tampering with evidence, connected to an investigation can lead to additional charges. This is something Prosecutors take very seriously. You should keep all documents, electronic devices, and anything else that might be relevant to the investigation – and make sure you don’t tamper with it. Your federal defense attorney will review all of these items and may use them in your defense at a later point and time.

Understand the Investigation

Work with your criminal defense lawyer and try to understand what the investigation is about. Understanding the full scope of the investigation help you prepare a targeted defense strategy. Are you the main target of the investigation, or a witness character? What statutes are involved? All of these questions and more will be answered by your criminal defense attorney – whose job it is to help you.

Cooperate Within Limits

It’s very tempting to try to clear your name immediately, it’s important to remember that you’re not obligated to speak with federal investigators without your attorney. If you make any mistakes, the federal prosecutors and investigators are likely going to use it against you. Let your attorney handle any interactions with law enforcement to ensure you’re protected.

Finances Matter

Legal battles are usually long and costly. Very few legal cases are solved overnight. It takes time. As a result, it’s important to consider your finances – make sure to arrange your finances and get them in order. It’s a good idea to set aside funds for legal fees and other expenses, such as the cost of experts.

Exercise Your Rights

As the person who is the subject of an investigation, you have constitutional rights that must be respected by law enforcement. These rights include the right to remain silent, the right to be free from unreasonable searches and seizures, and the right to an attorney. Make sure you understand your rights. Do not let law enforcement agents convince you that you don’t have rights, or let them bend it. In situations like this, having a criminal defense attorney is the right way to proceed.

Be Proactive, Not Reactive

Don’t just wait for things to happen when it comes to your federal defense case. You must be proactive, and take a forceful approach to resolving your issues. Through your criminal defense lawyer, you will be able to find out more about the case against you. Working hand in hand with your criminal attorney will allow you to make a plea deal or alternative resolution before charges are formally filed. Being proactive allows you more control over the situation.

When you’re getting hauled in front of a grand jury – it can be very intimidating. Everything will feel really official and serious – and you won’t know what to do. You enter into the courthouse, surrounded by jurors, prosecutors, stenographers and you don’t even know where to sit. It’s only natural to wonder – can I bring a lawyer with me to the grand jury? Do I have a right to an attorney – if I’m testifying before a grand jury? This is an important question and everyone wonders what the answer to this is.

The short answer is NO, you don’t have a constitutional right to have an attorney with you in the grand jury room. If you’re called into testify before a grand jury – you should first consult with a federal defense attorney at the Spodek Law Group.

Many people wonder – doesn’t the Sixth Amendment give you the right to legal counsel? Well yes, it does. But the Supreme Court has ruled that this constitutional right – specifically only applies to the criminal trial itself. The grand jury stage is considered a pre-trial investigative stage, and thus – this right doesn’t apply, because you haven’t been charged yet formally as a criminal.

What this means – is at this stage the prosecutors get to speak to you without your lawyer there to object. On the bright side, you can leave to confer with your attorney whose outside the courtroom if you need a break. But otherwise, you’re dealing with the questioning alone. There is no lawyer there to help you answer any trick questions.

Federal attorneys don’t love this setup. Many federal lawyers argue that having a lawyer present in the grand jury room, would discourage bullying or sneaky tactics by prosecutors. But the courts do not agree. As far as they’re concerned, the grand jury isn’t a mini-trial. There’s no adversary in the courtroom with you, just jurors deciding if charges make sense.

Sometimes judges will allow a lawyer in the room if things seem unfair. For example if the prosecutor is going after you extra hard. But there’s no guaranteed right to have an attorney in the room with you. In virtually all cases, your lawyer can prep you beforehand. But once you’re sworn in, you’re on your own facing the jury.

Can you get charged twice for the same crime? This is a tricky question. Many people wonder about it and ask us. It’s a tricky legal question. Most people assume that the Fifth Amendment prevents it – “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.” What does this mean? It sounds like double jeopardy is not allowed! But here’s the issue: state charges and federal charges are considered separate.

Unfortunately, you can get charged twice for the same crime.

This is due to the fact our government was setup on “dual sovereignty doctrine” – the idea that federal and state governments are separate entities.

A crime like robbery, violates both state and federal laws against theft and federal laws protecting interstate commerce. States are interested in prosecuting crimes locally, while the feds care about crimes affecting the nation. Crimes that cross state lines are prosecuted by the federal government, but the individual states themselves can prosecute the person committing the crime as well.

The Supreme Court upheld the idea of dual sovereignty back in 1959. Defendants in criminal cases who had pled guilty to a state charge challenged a second federal case but lost. The Supreme Court said states and the federal government draw power from different sources so they can prosecute as separate sovereigns for the same crime. Bottom line, don’t assume you can only be prosecuted once for the crime. Both the feds and state authorities will try to claim their pound of flesh and come after you.

This doctrine is still valid today. There are many crimes that can lead to state and federal charges – money laundering, drug trafficking, civil rights violations, even murder. If a state fails to properly prosecute a crime, or lets someone off too lightly, the feds might step in and prosecute the case. They are not afraid of overstepping. In some cases – the state authorities will allow the feds to take over- because the federal prosecutors have far more resources.

The Court has said sham or vindictive prosecutions designed just to get a second bite at prosecuting won’t fly. Your federal attorney can try to get sentences served at the same time. And they might find sympathetic judges willing to rein in overzealous prosecutions.

Some experts think dual sovereignty gives too much power to prosecutors. But it remains standard practice. So for now, the federal justice system looks at both state and federal prosecutions as two separate prosecutions that can be allowed to go on, concurrently. A completed state case doesn’t stop the feds from stepping up to the plate later on.