FAQ

Here are some of the issues that can arise during a federal case. These issues can help you win your case potentially.

Illegally obtained evidence:  When conducting an investigation, federal agents don’t have unlimited reign. Their actions are limited by the U.S. Constitution. When they violate a suspect/defendants rights, any evidence obtained as a result of this violation can be deemed illegally-obtained.  Any illegally obtained evidence is not admissible in federal court.

Conspiracy Allegations: Under the federal conspiracy statute, you don’t have to commit a major offense in order to face fines and long term imprisonment. Various other federal statutes contain conspiracy provisions, and due to the breadth of these statutes, they are among the most used tools in investigations and prosecutions. If prosecutors can prove you were party to a formal or informal agreement to commit a crime, this can be enough to warrant prosecution in federal district court.

Attempt Allegations: Under federal law, the targets of federal investigations can also face charges in the absense of evidence of a criminal offense. In many cases, charges for attempt can carry the penalties as the offense. Due to the potential for attempt charges, individuals being targeted for federal prosecution have to be very careful to avoid relying on strategies that could expose them to prosecution for unsuccessful crimes.

Multiple Related / Unrelated Charges: While certain federal statutes target specific offenses, other statutes have severe penalties for acts that are taken in the furtherance of specific criminal conduct. In federal cases, it’s not unusual for defendants to face multiple charges for related and unrelated crimes. Some of the most common charges in federal cases are mail fraud, wire fraud, etc.

Confidential Informant / Co-Conspirator Testimony: Another risk in federal cases is the risk of prosecutors getting testimony from a confidential informant. If someone who has a vested interest in the outcome of your case testifies against you – you will need to overcome this as a part of your defense.

Sentencing Guidelines: In most federal cases, the sentencing guidelines are outlined in the federal sentencing guidelines. While these are not binding, prosecutors and judges rely on the guidelines in order to determine what penalties to seek.

Federal cases are extremely complex. There are significant differences between facing charges in state and federal charges. At Spodek Law Group, we focus our practice on federal defense in order to ensure we’re ahead of legal issues affecting our clients. We’re a second generation law firm, and have experience handling cases nationwide. Many of our cases have been featured in the media. Many media commentators rely on our insights in order to better explain the case to the general public. We anticipate prosecutor strategies during the investigation and prosecution, and are able to proactively assert defenses in order to help our clients reduce their exposure.

It depends. The decision whether to file a federal appeal is unique. You have to look at the facts and circumstances surrounding your specific case. Federal appeals can raise additional concerns which were originally evaluated during your trial. This means you may be liable or have other issues come up.

Typically, trial attorneys and appeal attorneys have different skill sets. Often, it’s better to work with someone who understands how appeals works, and the legal knowledge that goes into having a successful appeal.

This is an attorney who represents clients in legal proceedings before a federal or state court of appeals.

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