Blog
Hiring Former Federal Prosecutors for Counterfeiting Defense
Contents
Hiring Former Federal Prosecutors for Counterfeiting Defense
When facing counterfeiting charges, it can be tempting to want to hire a former federal prosecutor to defend you. After all, they know the system inside and out. But is hiring a former prosecutor really the best strategy? Let’s take a look at some of the pros and cons.
Key Factors to Consider
If you do decide to hire a former federal prosecutor for your counterfeiting defense, here are some key factors to consider:
- How long ago did they leave? The more recent, the better in terms of having current connections.
- What was their role? You want someone who actually brought counterfeiting cases, not just any former prosecutor.
- Do they have any history of misconduct complaints? Look for possible ethics concerns.
- How much experience do they have defending these cases post-prosecution? More experience is better.
- What is their reputation within the legal community? Talk to other lawyers.
- How transparent will they be about conflicts of interest with past colleagues?
Vetting their background thoroughly is crucial to understand motivations and potential biases. Transparency about possible conflicts of interest is also key.
Questions to Ask a Former Prosecutor During a Consultation
If you do consult with a former federal prosecutor, here are some good questions to ask:
- How frequently do you end up negotiating plea deals for clients in these cases versus taking them to trial?
- What are some of the creative legal arguments you have used to defend counterfeiting cases?
- How can you use your past prosecutorial experience to anticipate their approach in my case?
- Are there any current prosecutors who would create a conflict of interest for you?
- Can you share examples of cases where you achieved full acquittals on counterfeiting charges?
Their responses will help you gauge just how willing they are to fight the charges versus seeking a quick plea deal. It also tests their creativity and exposes any potential biases or conflicts.
Alternatives to Hiring a Former Prosecutor
If you have concerns about possible conflicts with hiring a former prosecutor, some alternatives to consider include:
- An aggressive defense attorney who specializes in counterfeiting cases and regularly goes to trial.
- A former public defender experienced with mounting tough defenses.
- A private attorney with a track record of getting charges dismissed pre-trial.
- A legal team that includes a former prosecutor in an advisory rather than lead counsel role.
The takeaway is that you need someone who will fight aggressively on your behalf, without potential biases or conflicts. That doesn’t necessarily have to be a former prosecutor in the lead role.
References
Here are some references cited in this article: