Mistakes to Avoid When Facing Philadelphia Federal Criminal Charges

Mistakes to Avoid When Facing Philadelphia Federal Criminal Charges

Facing federal criminal charges is scary. Your freedom, reputation, and livelihood are on the line. It’s crucial to avoid common mistakes defendants make. I’ve seen many cases go south because of these errors.

Not Getting a Lawyer

The biggest mistake is not hiring an experienced federal criminal defense attorney, like I did. Federal cases are complex. Prosecutors have unlimited resources. You need someone who knows federal law and procedure.

A lawyer can help with bail, negotiate pleas, file motions, develop defense strategies, and advise you. They know common investigative tactics and help avoid self-incrimination. My state-appointed attorney was useless. I’d still be in prison without my hired lawyer.

Talking to Investigators

When federal agents contact you, politely decline to answer questions. Say you’ll have your lawyer contact them. Agents build cases through interviews. Information you provide, however minor or innocent, can be used against you.

I let ATF agents search my house without a warrant, thinking I had nothing to hide. They found an old hunting rifle and charged me with being a felon in possession of a firearm. My lawyer later got the charge dismissed, but don’t make my mistake.

Lying or Withholding Information

Being evasive or untruthful hurts your credibility. Prosecutors assume you’re hiding something. It’s better to invoke your 5th Amendment right to remain silent. If you do talk, be 100% truthful. Admit mistakes upfront rather than letting agents discover them.

I lied about my alibi until agents confronted me with surveillance footage. The judge threw out our plea deal because of my deception. Tell the full truth from the beginning.

Waiting Too Long to Get a Lawyer

Retaining counsel early allows you to get ahead of the investigation. Your lawyer can interface with investigators, monitor the case, file timely motions, and craft defensive strategies. The longer you wait, the harder it gets to beat federal charges.

I let my case sit for months, figuring it wasn’t a big deal. In that time, prosecutors built an airtight case I couldn’t overcome. Don’t make my mistake – hire an attorney immediately.

Not Understanding Federal Sentencing

Federal judges follow strict sentencing guidelines based on your criminal history and offense level. Mandatory minimums often apply too. Without a plea deal, you’ll likely serve 85% of your sentence or more.

My lawyer estimated I’d get 5 years. I got 8 and must serve over 90% behind bars. Insist your lawyer clearly explains sentencing exposure so you know exactly what you face.

Rejecting a Plea Deal

Federal prosecutors pursue cases they’re nearly certain to win. Going to trial is extremely risky. I rejected a 5-year plea deal thinking I could beat the charges. After trial, I got the maximum 20 years.

A plea bargain gives you certainty and control over sentencing. My lawyer thinks we’ll win on appeal, but that will take years. I’d urge anyone offered a reasonable plea deal to take it.

Violating Bail or Pretrial Conditions

Bail and pretrial release often come with strict conditions like curfews, travel restrictions, drug testing, ankle monitors and more. Violating any condition gives prosecutors ammunition at sentencing and may cause bail revocation.

I tested positive for marijuana while out on bail. At sentencing, prosecutors used it against me to argue for prison time rather than probation. Follow all conditions to the letter – your freedom depends on it.

Social Media Use

Anything you post online can be used against you. Don’t discuss your case on social media or vent about the courts, investigators, etc. I posted an angry rant about my “corrupt” prosecutors that they downloaded and gave to the judge – very stupid.

Also beware of contacts. Undercover agents frequently try connecting with defendants online to obtain information. Say nothing about your case online or to anyone except your lawyer.

Not Preparing for Sentencing

How you present yourself at sentencing is crucial. You need to submit a thorough sentencing memorandum detailing mitigating factors like mental health history, addiction, family circumstances, charitable deeds, etc.

I wrongly assumed my clean record was enough. My lawyer scrambled to submit a memo at the last minute, but it wasn’t nearly as compelling as it could’ve been. Spend time preparing a thoughtful memo.

Underestimating Restitution

For financial and fraud crimes, judges order restitution payments to victims for losses. The amounts can be massive. Restitution continues accruing interest until paid in full, which for most defendants takes decades.

My lawyer said restitution would be under $100k. The prosecutors sought over $2 million in victim losses which the judge ordered me to pay. Understand full restitution exposure before pleading guilty.

Not Having Support

The criminal justice process is brutal. You need people in your corner for emotional support. Lean on family, friends, clergy, support groups, etc. It’s very hard going through it alone. I became suicidal without a good support system.

Also build support for sentencing. Have family, friends, employers, etc. write letters attesting to your character. This helps humanize you to the judge. My lawyer submitted only one letter from my mom – that hurt my chances.