Philadelphia Federal Criminal Defense FAQs: Top Questions Answered

Philadelphia Federal Criminal Defense FAQs: Top Questions Answered

Dealing with federal criminal charges can be scary and overwhelming. As a defendant, you probably have a lot of questions about the process and your rights. This article answers some of the most frequently asked questions about federal criminal defense in Philadelphia.

What should I do if I’m under federal investigation?

First, don’t panic. You have rights even if you’re under investigation. Don’t answer questions or talk to investigators without a lawyer present. Anything you say can be used against you. Politely decline to answer questions and say you want to speak to an attorney. Then, hire an experienced federal criminal defense lawyer as soon as possible.

What are the stages of a federal criminal case?

1. Investigation – This is when federal agents gather evidence. Search warrants, surveillance, and interrogations may occur.
2. Charges – Prosecutors present evidence to grand jury, which may issue an indictment with criminal charges.
3. Arraignment – You appear in court, hear charges against you, and enter a plea.
4. Pretrial – This involves hearings and negotiations between prosecution and defense.
5. Trial – Prosecution and defense present evidence and make arguments before judge or jury, who decide guilt.
6. Sentencing – If found guilty, the judge determines your sentence based on guidelines and law.
7. Appeal – Either side can appeal to a higher court regarding legal or procedural issues.

What are common federal crimes prosecuted in Philadelphia?

Some federal crimes seen often in Philadelphia include:

• Drug crimes – Trafficking, distribution, illegal prescriptions
• Fraud – Mail, wire, tax, benefits, identity theft
• White collar crimes – Bribery, embezzlement, money laundering
• Violent crimes – Robbery, gun charges, kidnapping
• Child pornography
• Cybercrimes – Hacking, computer intrusion

What are federal sentencing guidelines?

Federal sentences are largely determined by the complex U.S. Sentencing Guidelines. Points are assigned based on the crime, criminal history, role in the offense, and other factors. More points generally mean longer sentences. Judges have some discretion but usually stick close to the guidelines.

What is the difference between state and federal charges?

State courts handle crimes that violate state laws, while federal courts address violations of federal law. Some key differences:

• Federal crimes often involve interstate activity, use of mail/phones, or crimes crossing state borders.
• Federal charges usually carry longer sentences but no parole.
• Federal courts have their own rules of evidence and procedure.
• You can face charges in both state and federal court for the same crime (double jeopardy doesn’t apply).

What are common federal criminal defenses?

Some defenses that federal criminal lawyers may use include:

• Duress – You committed crime under threat of harm.
• Entrapment – Government induced you to commit a crime you wouldn’t normally commit.
• Intoxication – You were too impaired to form necessary intent.
• Insanity – Mental disease/defect kept you from understanding criminality of actions.
• Self-defense – Use of force was reasonable to prevent harm to yourself.

An experienced attorney can evaluate defenses and negotiate for reduced charges or sentences if appropriate given the facts of your case.

What should I do if the FBI wants to talk to me?

Politely decline to answer questions and say you want to speak to a lawyer first. FBI agents can be persuasive, so don’t let them pressure you into talking without counsel. Anything you say can hurt you later. Protect your rights by having an attorney deal with agents for you.

Can my case be resolved without a trial?

Yes, many federal cases end in plea bargains instead of trials. Your lawyer may negotiate with prosecutors to get charges dropped or reduced, agree to lesser sentences, or have your case moved to state court in exchange for a guilty plea. Going to trial brings heavier sentences if convicted.

How much does federal criminal defense cost?

Costs vary widely based on your specific charges, lawyer experience, case complexity, whether experts are needed, and other factors. Generally federal defense is expensive, with complex cases costing over $100k. Public defenders are free but handle many cases. Private lawyers give you more personalized attention.

Hiring the best lawyer you can afford is wise investment, as strong defense can prevent years behind bars. Payment plans are usually available from private attorneys.

What are my chances if I go to trial?

The federal conviction rate is over 90%, so odds are stacked against defendants who go to trial. However, an experienced attorney can sometimes get charges dismissed before trial, win at trial, or position you for better plea deals. Much depends on the evidence and how skillfully defense arguments counter prosecution’s case.

Talk to your lawyer about the pros/cons of going to trial vs plea bargaining based on the unique circumstances of your case.

Can I get my sentence reduced later?

Yes, a few options exist to seek sentence reductions after conviction, including:

• Direct appeal – Argue conviction/sentence was unlawful or violated your rights.
• Habeas corpus petition – Claim you’re being unjustly imprisoned.
• Compassionate release – Allows early release for elderly, seriously ill, or family circumstances.
• Rule 35 motion – Ask judge to reduce sentence based on substantial assistance to authorities.

If any procedural errors occurred or new evidence/arguments arise, an attorney can pursue these remedies to seek your release or reduced sentence.

Should I consider a plea bargain?

Probably yes. Very few federal cases end in acquittals, so avoiding trial through a plea bargain is wise most of the time. The stakes are high, and experienced federal prosecutors rarely bring weak cases. Talk to your lawyer about using defense arguments as leverage to negotiate a fair plea deal that minimizes charges and sentences.

While pleading guilty to a federal felony is difficult, in many cases it leads to better outcomes than the extremely high sentences after trial convictions.

What are federal prison camps like?

Prison camps are minimum-security facilities for non-violent federal offenders. Dorm-style housing, work programs, and expanded visitation/activities provide more freedoms than higher security prisons. However, loss of liberty, privacy, and amenities still make “Club Fed” difficult.

Focus defense efforts on alternative sentencing through community confinement, home detention, or supervised release whenever appropriate to avoid incarceration altogether.

Should I request a bench or jury trial?

Bench trials have only a judge deciding your guilt, while jury trials have a panel of citizens. Juries tend to favor defendants more than judges. However, complex federal cases involve technical issues judges may grasp better. Talk to your attorney about which option might produce the best outcome for your specific case.

In high-profile cases with lots of media coverage, jury bias can also be a concern worth discussing with counsel.

Can federal charges impact other areas of my life?

Absolutely. Federal convictions can lead to:

• Prison time
• Fines and asset forfeiture
• Supervised release after prison with restrictions
• Destruction of professional reputation and career
• Bars from possessing firearms, voting, working in certain industries
• Immigration consequences like deportation
• Loss of custody rights

Experienced defense lawyers understand these collateral consequences and will work diligently to minimize penalties to your life beyond just prison time.

Why hire a private federal criminal defense attorney?

Private lawyers have time and resources to focus on your defense alone, usually leading to better outcomes than overburdened public defenders handling many cases. The level of experience fighting federal prosecutions also tends to be higher among private attorneys.

Given the severe sentences in federal cases, a dedicated lawyer with expertise in federal law, sentencing guidelines, and courts in your district can make an enormous difference in avoiding years behind bars.

Most firms offer free case evaluations, so contact an attorney to discuss options for building the strongest defense for your unique situation.

Sources:

• Definition of Defendant
• Definition of Interrogation
• Definition of Indictment
• Definition of Sentence
• Definition of Double Jeopardy
• US Sentencing Guidelines