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What to Do After Receiving Federal Charges
Contents
- 1 What to Do After Receiving Federal Charges
- 2 Getting Hit with Federal Charges? Here’s What You Need to Know
- 3 Your First Steps After the Charges Drop
- 4 Get Yourself a Top-Notch Federal Criminal Defense Lawyer – Like, Yesterday
- 5 Understand Exactly What You’re Being Charged With
- 6 Prepare for the Long Haul
- 7 H3: What Happens After You Get Charged in Federal Court?
- 8 The Arraignment
- 9 Discovery
- 10 Pre-Trial Motions
- 11 The Trial
- 12 Sentencing
- 13 Building a Solid Federal Criminal Defense
What to Do After Receiving Federal Charges
Getting Hit with Federal Charges? Here’s What You Need to Know
Getting charged with a federal crime can feel like the world is crashing down around you. The feds don’t mess around – they’ve got basically unlimited resources, and they’re not afraid to use them. So if you find yourself on the wrong end of a federal indictment, it’s absolutely crucial that you know what to do next. First things first, take a deep breath. I know it’s easier said than done when you’re staring down the barrel of serious prison time, but panicking isn’t going to help anyone. The most important thing right now is to avoid saying or doing anything that could potentially incriminate you further.
Your First Steps After the Charges Drop
Once you’ve gotten those federal charges, the clock is ticking. Here are the first few things you’ll want to cross off your list:
Get Yourself a Top-Notch Federal Criminal Defense Lawyer – Like, Yesterday
I can’t stress this one enough – you need to retain a lawyer who specializes in federal criminal defense, and you need to do it immediately. Don’t try to handle this yourself, and don’t cheap out on a public defender or some general practice attorney. The feds play hardball, so you need someone who can hit back just as hard. A good federal criminal lawyer will have extensive experience, know all the ins and outs of federal court, and be able to craft an aggressive defense strategy. They’ll also be able to advise you on what to say and what not to say to avoid further incriminating yourself.
Look for a firm like Spodek Law Group that has a proven track record in federal cases. Our number is 212-210-1851 if you need to get in touch ASAP.
Understand Exactly What You’re Being Charged With
This one is important – you need to know precisely what federal crime or crimes you’re accused of committing. The charges can make a huge difference in terms of potential sentences, defensibility, and overall strategy. Some common federal charges include drug trafficking, firearms offenses, white-collar crimes like fraud and embezzlement, and crimes that cross state lines. The feds also handle any crimes committed on federal property or against federal employees.Don’t just take the prosecutor’s word for it either. Have your lawyer go through the charges with a fine-toothed comb to make sure you’re not getting overcharged or having extra charges tacked on to try and force a plea deal.
Prepare for the Long Haul
Federal cases tend to move a lot slower than state cases. The feds take their time building cases, and they’ve got plenty of resources to do it. It’s not uncommon for federal prosecutions to drag on for months or even years.Brace yourself mentally and financially for a long legal battle. Make sure your affairs are in order, because you could be tied up in court for the foreseeable future. Having a good support system will be crucial during this stressful time.
H3: What Happens After You Get Charged in Federal Court?
The Arraignment
This is where you go before the judge for the first time to get formally advised of the charges against you. You’ll be asked to enter a plea of guilty or not guilty. Obviously, you’ll be pleading not guilty at this stage.The judge will also set bail conditions if you’re being released pending trial. Be prepared – federal bail can be extremely restrictive, including electronic monitoring in some cases.
Discovery
Both sides exchange evidence and information that will be used at trial. Your lawyer will go through all the discovery materials with a fine-tooth comb looking for holes in the prosecution’s case.
Pre-Trial Motions
There’s a whole bunch of these – motions to suppress evidence, dismiss charges, you name it. This is where having an experienced federal lawyer really pays off, as they’ll know all the possible grounds for getting evidence thrown out or charges dropped.
The Trial
If you make it this far without taking a plea deal, it’s trial time. Federal trials are a bit different than state trials in terms of procedures and rules of evidence. You’ll definitely want someone who knows the ins and outs of federal court.
Sentencing
If you’re convicted at trial, it’s on to sentencing. Federal sentences are dictated by strict guidelines that don’t leave much room for judicial discretion. The potential penalties are no joke – decades in federal prison is very much on the table for serious offenses.
Building a Solid Federal Criminal Defense
So once you’ve got your lawyer lined up, what kind of defense can you expect them to build? It really depends on the specific charges and circumstances, but here are some common defense strategies in federal cases:
Attacking the Evidence
A big part of any criminal defense is poking holes in the prosecution’s evidence. Things like:
- Challenging search and seizure procedures
- Questioning the reliability of witnesses and informants
- Disputing forensic evidence like fingerprints or DNA
Asserting Your Constitutional Rights Were Violated
The feds have to follow all the rules around proper arrests, Miranda warnings, getting warrants, etc. If they screwed any of that up, it could be grounds for dismissal.
Claiming Entrapment
If you were induced to commit a crime you wouldn’t have otherwise committed, that’s entrapment – a solid defense if you can prove it.
Arguing for Diminished Capacity
Maybe you have a mental illness or defect that prevented you from fully understanding your actions. It’s an uphill battle, but could potentially lessen the sentence.
Negotiating a Plea Deal
Sometimes the best move is to try and cut a deal – admitting guilt in exchange for reduced charges and a lighter sentence. Your lawyer will know if and when it makes sense to go this route.The bottom line is that you want a lawyer who can leave no stone unturned in crafting the strongest possible defense. The feds are bringing the heavy artillery, so you need to be armed for battle.