Criminal Defense Lawyers

Federal Criminal Defense FAQ: Answers to Common Trial Questions

Federal Criminal Defense FAQ: Answers to Common Trial Questions

So you’re facing federal criminal charges and have a lot of questions about what comes next. Don’t worry – you’re not alone. Going to federal criminal trial can be really confusing and scary if you don’t know what to expect. As federal criminal defense attorneys, we get asked tons of questions by our clients about the federal trial process. In this article, we’ll go over some of the most frequently asked questions to help you understand what’s going to happen and feel more prepared.

What should I do first if I’m charged with a federal crime?

The very first thing you need to do if facing federal charges is hire a lawyer who specializes in federal criminal defense. Seriously, do not wait on this. Federal cases move fast and you need an experienced federal defense attorney on your side from day one. They’ll advise you on next steps, including what info to collect and how to interact (or not interact) with investigators.

It’s also really important to educate yourself on the specific charges you’re facing and potential penalties. Federal laws are complex with a ton of nuances, but having a basic understanding will help you participate in building your defense strategy.

How is a federal criminal trial different from a state one?

There are definitely major differences between the state and federal court systems that impact criminal trials. A few key things to know:

• Federal charges tend to be more complex or serious crimes. Think fraud, cybercrime, drug trafficking, etc.
• Federal trials usually move faster with stricter deadlines. The feds don’t mess around.
• Federal sentencing guidelines are different and often harsher. There are mandatory minimums for many federal offenses.
• The burden of proof is still “beyond a reasonable doubt” but federal prosecutors have way more investigative resources at their disposal.

So in a nutshell, the federal criminal justice system is extremely formidable. Having an experienced federal criminal defense lawyer is critical.

What should I do to prepare for trial?

Preparing well for a federal criminal trial is critical yet tricky. Here are some key things your attorney will likely advise:

• Don’t talk to anyone about the case unless your lawyer is present. Seriously, zip those lips! Even casual comments to friends could come back to haunt you.
• Collect relevant documents and records like emails, texts, financial statements, etc. Your lawyer will provide guidance on what’s needed.
• Take notes on all case details and conversations to help prep your testimony. Stick to facts only.
• Line up credible character witnesses who can speak to your reputation at sentencing if needed. Guidance from your lawyer is key here.
• Work closely with your lawyer as they prep your defense strategy. Be ready to practice answering tough questions.

The bottom line is that meticulous preparation and trusting your experienced federal defense lawyer is key to trial success.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

What happens at a federal sentencing hearing?

If found guilty at trial or via plea deal, the next big step is federal sentencing. The court uses federal sentencing guidelines to determine your sentence based on the charges convicted and your criminal history.

Here’s a quick overview of what goes down:

• A presentence investigation report is compiled by probation officers with background on you, your crime, recommended sentence, etc.
• Your defense lawyer challenges aspects of the report and files a sentencing memorandum arguing for leniency.
• At the sentencing hearing, your defense lawyer presents mitigating factors and character witness testimonies aiming to reduce your sentence.
• The federal judge makes the final call on your sentence length and terms based on all the evidence presented.

It’s a complex process with a lot at stake, so having an experienced federal criminal defense lawyer fighting on your behalf is so important.

What kinds of plea deals are common in federal cases?

Over 90% of federal criminal cases end in plea deals rather than going to trial. The immense power of federal prosecutors makes accepting a plea deal extremely tempting. Common deals include:

Charge reduction: Pleading guilty to a less serious charge in exchange for dropping more serious ones.

Sentencing recommendation: Prosecutors recommending a lighter sentence (not binding to the judge).

Cooperation deal: Providing testimony or evidence about co-conspirators in exchange for charge/sentence leniency.

The specifics of plea deals vary widely by case. An experienced federal criminal defense lawyer can best advise if a deal is favorable or heading to trial is better.

How long do federal criminal trials usually last?

There is no one-size-fits-all for federal trial length. Complex fraud or public corruption trials with tons of evidence and witnesses might last months. Simple cases with limited charges and facts may wrap up in just a few days.

On average most federal criminal trials last 1-2 weeks – significantly shorter than high profile state cases you see in the news. Factors impacting length include:

• Number and complexity of charges
• Number of defendants / co-conspirators
• Amount of evidence needing reviewed
• Witness availability and testimony prep
• Lawyer experience and preparedness

Talk to your federal defense lawyer about what to expect for your specific trial.

What should I wear to federal criminal court?

Having the right courtroom attire for federal criminal proceedings is surprisingly important. You want to look as professional and sympathetic as possible whether at pretrial hearings or the actual trial.

For men wear a suit and tie or at the very least dress pants, dress shirt and tie. Get a haircut and shave before court. No shorts, jeans, hats, sneakers, hoodies!

For women wear a dress suit, formal dress, or pantsuit – conservative color like navy, black, or grey. Skirts should hit the knee. Minimal jewelry.Looking like you take court seriously helps create a good impression that you and your lawyer can leverage.

Can I fire my court appointed lawyer?

If you were appointed a public defender due to being indigent, know that you do have the right to request a new court appointed lawyer. However, the judge won’t grant the change without good cause.

You’ll have to show an irreconcilable rift like:

• Complete communication breakdown
• Strong proof of inadequate representation
• Clear evidence of an ethics violation

Judges hate delaying trial timelines, so “firing” an appointed lawyer is an uphill battle. But the option exists if needed.

What questions should I ask when hiring a federal defense lawyer?

Smartly hiring the best federal criminal defense lawyer you can afford is critical to the outcome of your case. Here are key questions to ask:

• How much experience do you have with federal cases specifically?
• What is your track record getting federal charges dismissed pre-trial?
• What strategies do you use to get charges dropped or reduced?
• If my case goes to trial, what is your success rate in fed cases?
• How much time can you personally commit to my defense?
• How do you leverage sentencing guidelines to reduce prison time risk?

Any lawyer you feel confident can protect your freedom before trial while aggressively fighting for you in court if it goes to trial is the right choice.

The Bottom Line

Facing federal criminal prosecution is scary stuff. But going into it with knowledge of the process, smart preparation, and an experienced federal criminal defense lawyer on your side can make a huge difference.

Educate yourself on the case specifics, understand your options, and work closely with your lawyer to put forth the strongest defense. It’s a tough road, but taking it one step at a time helps. With perseverance and a stellar legal defense team, you can get through this!

Let us know if you have any other questions – we’re always happy to help!