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Fighting Federal Bank Robbery Charges in the Southern District of New York
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Fighting Federal Bank Robbery Charges in the Southern District of New York
Getting charged with bank robbery in federal court is super serious. It can totally turn your life upside down. But just because you got charged, doesn’t mean you’re guilty. There are things you can do to fight the charges. This article talks about some defenses and strategies for federal bank robbery cases in the Southern District of New York.
First off, federal bank robbery charges are no joke. If you get convicted, you’re looking at up to 20 years in prison [3]. The government don’t play around with these cases. They will come at you with everything they got.
The Southern District of New York (SDNY) is known for being one of the most aggressive offices when it comes to prosecuting federal crimes. They have a huge budget and tons of experienced prosecutors. The feds in SDNY win like 90% of their cases. So you’re up against a giant.
But it ain’t over till it’s over. Let’s talk about some ways you can fight federal bank robbery charges in SDNY.
File a Motion to Suppress
A lot of these cases rely on evidence like surveillance footage or physical evidence they collected from you. If the police violated your rights when they got that evidence, you may be able to get it thrown out. This is called filing a motion to suppress evidence.
For example, if the cops searched your house without a warrant, anything they found could get suppressed. Or if they interrogated you without reading you your Miranda rights, your confession could get thrown out. A good lawyer will look closely at how the evidence was obtained. If your rights got violated at any point, there’s a chance of suppression.
Challenge the Eyewitness Identifications
Often the main evidence is eyewitnesses – like bank tellers or customers – identifying you as the robber. But eyewitness ID’s can be super unreliable. People make mistakes. And the cops sometimes use suggestive procedures when they do the lineups. A lawyer can challenge the eyewitness identifications by bringing in expert witnesses. They can educate the jury about all the problems with eyewitness memory and ID procedures
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. This gives you a shot at discrediting the main evidence against you.
Question the Credibility of Snitches
Prosecutors often rely heavily on snitches in bank robbery cases. These are people who cooperate with the government in exchange for lighter sentences. But snitches are notoriously unreliable. They have huge incentives to lie and tell the prosecutors what they want to hear.
A good defense lawyer will dig into the snitch’s background. They’ll look for ways to attack their credibility. Like if they’ve lied in other cases or have mental health problems. Discrediting snitches is key because they often make or break these kinds of cases.
Argue it Wasn’t You
This seems obvious, but just because you got accused doesn’t mean you did it. The burden is on the government to prove it was you beyond a reasonable doubt. If they don’t have rock solid evidence, you may be able to beat the charges. Your lawyer may argue misidentification – that the eyewitnesses mixed you up with someone else. Or that you were framed or set up. If you can show flaws in the government’s evidence and theory, you can raise reasonable doubt.
Negotiate a Plea Deal
Even if the evidence looks bad, you may be able to negotiate a plea deal rather than risk trial. Many federal cases end in plea bargains. Your lawyer may be able to work out a deal for a lesser charge or reduced sentence. This involves back-and-forth negotiating with the prosecutor. You’ll have to weigh the risks and benefits of taking a deal versus going to trial. But pleading out is often better than the super harsh sentences you can get after trial.
Cooperate Against Others
If you have information about other people involved in crimes, you may be able to cooperate with the government. This means flipping and testifying against them. In exchange the prosecutors may agree to drop charges against you or ask the judge for a big sentencing reduction. Cooperation deals require confessing to your own involvement though. So you got to have enough information to trade. This is how a lot of little fish cut deals to turn on bigger fish. But snitching has risks too.
Challenge the Sentencing Guidelines
Federal sentences are based on the US Sentencing Guidelines. These rules determine your offense level and criminal history category. The higher these numbers, the longer your sentence. But the guidelines aren’t mandatory. Your lawyer can argue for a “downward departure” from the guidelines. Like if you had a minor role in the crime or if there were extenuating circumstances. The judge has power to go below the guidelines if you show it’s unfair.
This can knock years off your sentence. Any little reduction helps when you’re facing decades behind bars.
The Bottom Line
Federal bank robbery cases are no picnic. The odds are stacked against you. But it’s not hopeless. There are various strategies for fighting the charges and reducing the pain. A lot depends on the specific facts and evidence. Every case is different. So talk to a federal criminal defense lawyer about your options. Don’t just plead guilty without exploring defenses. Make the government work for a conviction.
With smart legal moves and some luck, you may be able to get charges dismissed or reduced. Or win at trial if the evidence has holes. Even if you end up with a conviction, you may still get a lighter sentence than you expected. So fight hard and go down swinging. Hope is not lost.