Denver Federal Crime Defense Attorney: District of Colorado.

A federal grand-jury investigation may continue for months or even years without the eventual target’s knowledge. But the process can end abruptly, and you may suddenly find yourself facing severe collateral consequences before charges are ever filed. For example, a grand jury in the District of Colorado could be investigating your actions, and you will not have notice of this investigation until prosecutors issue you a target letter. A target letter formally notifies the recipient that prosecutors consider them a potential target of a federal criminal investigation.

However, you might instead receive a grand-jury subpoena, requesting testimony, documents, electronically stored information, or other evidence. While receiving a grand-jury subpoena may be just as stressful, it is a distinct legal event from receiving a target letter. This is not the same as being charged with a federal crime, nor does it mean that prosecutors have uncovered evidence that will lead to criminal charges against you. Still, at this point in the process, you need the advice of a Denver federal defense attorney to make informed decisions about your legal options.

In many cases, a target letter or grand-jury subpoena is not the first point at which the federal government makes contact. While grand-jury investigations can begin in secret, investigators will often reach out to individuals through search warrants, arrest warrants, subpoenas, or even by just calling or showing up unannounced. And, crucially, statements made during these interactions can also lead to a criminal grand-jury investigation. By engaging with investigators, you could be providing information that they can then use as evidence against you, even before formal charges are filed. It is imperative to begin building your defense early, and, in federal cases, the window of opportunity for an effective and informed defense begins the moment you are being investigated.

Why might the District of Colorado and Colorado authorities investigate the same conduct?

Colorado is home to only one federal judicial district. It is called the U.S. District Court for Colorado. This court is one of 94 federal district courts in the country, and, like most other district courts, it serves as a federal trial court. This means that it is separate from Colorado’s state court system, which is its own distinct entity.

Why do federal authorities step in?

Federal jurisdiction is broad and generally refers to one of the following:

• Violation of federal statutes,
• Criminal conduct that occurs on federal property,
• Interstate conduct, or
• Any other matter that involves the federal government’s interests.

Within Colorado, federal jurisdiction applies to a vast array of scenarios and matters. Due to this, federal authorities may sometimes initiate investigations that run parallel to state-level investigations.

Who handles the investigation and charges?

Unlike Colorado’s state prosecutors, federal prosecutors are known as Assistant United States Attorneys. They all work under the Department of Justice, but they are split among different districts across the country. In the District of Colorado, federal investigators are also different from state investigators. While state investigators work with local police, state sheriffs, and other local law enforcement, federal investigators are employed by various federal agencies, including:

• Federal Bureau of Investigation (FBI),
• Drug Enforcement Administration (DEA),
• Internal Revenue Service (IRS),
• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF),
• U.S. Immigration and Customs Enforcement (ICE), or
• U.S. Postal Inspection Service.

How do federal charging, appointed counsel, and release work after an investigation?

There are numerous different kinds of federal crimes, but the federal investigation and charging process is generally similar for each one. A federal grand-jury indictment is the most common way for the government to charge someone with a federal crime. A grand jury, which consists of 16 to 23 local citizens, listens to the evidence the federal prosecutors present and decides whether there is probable cause to establish a charge. If the grand jury determines that there is sufficient evidence to believe that the individual committed a federal crime, it will issue a true bill. That true bill then has the effect of formally charging the individual with a crime.

A grand-jury indictment does not establish guilt, but it does establish the probable cause required to begin the federal trial process. In many cases, federal prosecutors will charge the case by indictment. However, in some cases prosecutors may charge the case by information, or they may offer a plea agreement that resolves the case without indictments or informations being filed.

Does a federal defendant have the right to appointed counsel?

The Sixth Amendment guarantees the right to counsel in serious criminal prosecutions, and the Criminal Justice Act provides appointed counsel to defendants who are financially unable to retain counsel in federal criminal proceedings. Federal public defender organizations are federal entities, and financially eligible defendants may be represented by a federal defender organization, a community defender organization, or a private attorney appointed under the Criminal Justice Act, which was enacted in 1964. If there is a conflict, the Federal Public Defender will not be able to represent the defendant, and the court will appoint alternate counsel instead.

Spodek Law Group keeps an attorney on call around the clock, which is the whole point of a number you can ring at two in the morning.

What deadlines shape discovery, motions, pleas, and trial in a Colorado federal case?

The federal process usually includes an investigation, initial appearance, arraignment, motions, plea, or trial. The timing of the process depends on the nature of the offense charged and the circumstances. All of these stages are subject to applicable statutes of limitations and constitutional rights. The District of Colorado has specific scheduling order deadlines that a defendant’s Denver federal criminal defense lawyer must strictly follow.

• Federal criminal discovery:
• The process of gathering evidence for use in a criminal case is generally known as criminal discovery. In federal criminal cases, discovery is governed principally by Federal Rule of Criminal Procedure 16.
• Federal suppression motions:
• Defendants can file federal suppression motions in cases where they believe prosecutors are seeking to use evidence against them that was obtained through an unconstitutional search, seizure, or interrogation.
• Federal sentencing:
• Federal sentencing is one of the most important areas of the federal process. There are issues involved in federal sentencing for any kind of charge.
• Federal criminal trial:
• Federal criminal trials have procedural and evidentiary rules that are specific to federal court, including the Federal Rules of Evidence and the Federal Rules of Criminal Procedure. In federal criminal trials, the jury must find each charged offense proven beyond a reasonable doubt to secure a conviction.
• The District of Colorado has an appeal process that is overseen by the U.S. Court of Appeals for the Tenth Circuit. An appeal may be filed in the Tenth Circuit in several scenarios, such as:
• In the scenario that a federal judge or jury committed a legal or procedural error during the trial.
• In the scenario that an appeal is necessary to get clarification from the Circuit Court.
• An appeal may also be filed to challenge a legal or procedural error preserved in the district-court record; newly discovered evidence is generally addressed through a motion for a new trial rather than by presenting new evidence on direct appeal.

How can federal guidelines, appeals, and post-conviction penalties affect your future?

Federal judges determine criminal sentences using the advisory United States Sentencing Guidelines. While these guidelines are not mandatory and judges have discretion in some cases, they provide a structure that judges typically follow, while also considering statutory sentencing factors and other relevant information.

18 U.S.C. § 3553(a)

When imposing a federal criminal sentence, judges must also consider the factors outlined in 18 U.S.C. § 3553(a). This statute mandates an individualized analysis of the defendant and the offense to ensure the sentence is sufficient to meet the goals of justice, but not greater than necessary.

Mandatory Minimums

Some federal statutes include mandatory minimum prison sentences. These provisions limit the court’s discretion and require a sentence of at least a specific term of years. In cases with mandatory minimums, judges cannot sentence the defendant to a shorter term regardless of mitigating circumstances or the absence of a prior criminal record.

Relevant Conduct

Under the United States Sentencing Guidelines, the concept of “relevant conduct” allows the court to consider a defendant’s criminal activity that was not formally charged or convicted in a single case. This information can impact the guideline calculations, leading to a longer sentence for conduct that may not have resulted in additional charges.

Types of Federal Sentencing Penalties

There are a number of different types of sentencing penalties that can be imposed in federal court. Some of the most common penalties include:

• Imprisonment, which is the primary form of punishment in federal criminal convictions;
• Supervised release, a period of supervision that follows a defendant’s imprisonment;
• Probation, which is imposed instead of imprisonment in certain circumstances;
• Fines, monetary penalties imposed on a convicted defendant;
• Restitution, which is compensation paid to the victim of a criminal act; and,
• Forfeiture, which requires the defendant to forfeit any assets or property obtained through criminal activity.

Where to Go From Here

If any of this describes your situation, the next step is a conversation rather than more reading. Spodek Law Group runs a fully online client portal and represents clients coast to coast, with offices in New York, Brooklyn, Queens and Los Angeles. The number is 888 348 8028.