The Louisville federal courts can be terrifying to face when you are being prosecuted for federal crimes. The harsh minimum mandatory sentences that are possible in federal cases make it hard to mount a defense. It can be impossible to navigate the system and know who to trust if you don’t understand what an experienced Louisville federal criminal defense lawyer can do for you.
The Benefits of Experienced Trial Counsel
Everything gets easier with experience. Attorneys who are new and just starting to practice in the federal arena are lacking in the decades of research and experience to know what works. Hiring our Louisville law firm allows you to confidently take care of your legal problems without having to constantly think and worry about it.
In this age, trials are a rarity in the federal courts. In other words, most cases are resolved before trial. This goes with the realization that serious crimes need solid defenses if the defendants expect to win. If you can’t produce solid evidence before trial to prove your innocence, you are taking some serious risks with an irrational system. What this means is that you need an experienced defense attorney who can put in the hard work needed to weaken a case before trial.
From the moment of your arrest and even the investigation leading up to it, a lot of illegal events may have occurred. Evidence may have been obtained with unlawful search and seizures. You may have been coerced into giving up your right to remain silent with false promises of an easier time if you cooperate. Our law firm works to highlight injustices and to ensure the proper function of our federal justice system.
Overview of Pre-Trial Procedures
Probable Cause Hearing
Once you are arrested, the prosecution is required to justify your arrest with probable cause within 10 days from your arrest date. Our law firm will determine if there are any elements that are lacking certainty in the affidavit of probable cause and fight for dismissal. You can’t be charged with a crime if you are merely a person of interest who was in the wrong place at the wrong time or has some questionable associations or habits. If the case is not dismissed, the issue will still be preserved for direct appeals.
The next phase is to request and review the evidence in the case. The prosecutor is required to provide copies of any incriminating evidence and evidence that is favorable to the accused. Evidence that tends to support evidence or that lessens the degree of the crime is all required. Yet, many prosecutors will omit obvious pieces of evidence to gloss over problems and reasonable doubt in their cases. We will work hard to build up evidence that key evidence is missing and that the prosecutor is withholding it or unlawfully failed to preserve it. Missing evidence makes it impossible to obtain a fair trial and is a leading cause of wrongful convictions.
Once the facts of the case are cemented in stone and all the evidence is available, we can demand that the court dismiss it when the evidence is lacking for any element of the crime. We are also knowledgeable of the laws and what defenses may available to help you win before trial. A big part of pre-trial motions is also to limit the evidence that the prosecutor can use at trial. Any evidence that is not directly related to the elements of the case may be inadmissible hearsay, inflammatory evidence, or unlawfully obtained (e.g., coerced confession).
The Plea Deal Versus Trial Dilemma
Almost every defendant will come to a crossroads where they have to decide between taking a plea or going to trial. If your defense is more fluff than substance and the prosecution’s case is strong, you may decide to take a plea deal that mitigates the punishment in exchange for a plea of guilt.
Our pre-trial motions can heavily influence a prosecutor about how low they need to go before you might plead out. If you choose to go to trial and have a strong case, you can be acquitted but risk a mandatory minimum sentence. For this reason, we work hard to prevent unfair manipulations of the jury that confuse them or create bias.