Foley Square Arraignments.

A “Foley Square arraignment” is not an arraignment that is unique in any way. Foley Square is a specific area in New York City’s Civic Center that is home to several courts, including the United States District Court for the Southern District of New York, one of the nation’s most influential federal courts. A person can face an arraignment at Foley Square for a New York State offense, or they can face an arraignment for a federal offense, and these arraignments have very different rules and consequences. A Foley Square arraignment at the Southern District of New York (SDNY) can involve a broad range of alleged offenses. Generally, if the conduct in question has a federal connection, the federal authorities may bring criminal charges. That connection can take many forms. As explained above, federal prosecutors will seek to punish federal-related crimes that involve: - Interstate commerce

• Transactions or conduct that impact interstate commerce
• Transactions or conduct involving federal property, money, or employees
• Law enforcement agencies and financial institutions
• Companies that provide a “benefit” to themselves or to others using federal funds
• Companies that implement federal programs, provide federal services, or produce federal-fund-backed products
• All other matters with a clear federal connection (such as tax fraud, bank fraud, and various federal offenses) Sometimes the same conduct that can support a federal prosecution can also support a New York State prosecution. This is referred to as “concurrent jurisdiction.”

But again, don’t assume it’s a federal matter. While federal prosecutors will prosecute matters with a federal nexus, it doesn’t follow that all state and federal crimes have a federal nexus. This means that, even if federal officers make an arrest, that does not mean the arrest was made on behalf of the federal government. Arrests made by federal officers for state-law offenses are not within federal jurisdiction. Likewise, conduct that happens to take place on federal land is not necessarily a federal crime, and conduct reported to a federal informant does not automatically bring that conduct within the ambit of federal jurisdiction. These assumptions are common, but they do not hold, and federal jurisdiction is either established or not.

How do a Federal Arrest, Initial Appearance, and Arraignment Differ Near Foley Square?

A federal arrest, initial appearance, and arraignment are key stages in the federal criminal justice system. While they may be colloquially grouped together, each event serves a distinct legal purpose and is governed by different rules.

I. Federal Arrest

A federal arrest does not necessarily mark the end of a federal criminal investigation; the investigation may continue after arrest. Federal criminal investigations can take months or years because they are incredibly broad and involve a wide range of investigative tools. Wiretaps, informants, undercover agents, and grand jury subpoenas are all tools available to federal law enforcement; and the resulting evidence can take a long time to collect and review before a federal prosecutor decides to seek charges.

II. Initial Appearance

Following a federal arrest, there is an initial appearance. Generally speaking, this will occur within hours of the arrest, often the same day. At the initial appearance, the defendant is formally charged and advised of their rights. The primary issue at the initial appearance is whether the defendant should be detained pending trial. Under the Bail Reform Act, the government may seek a detention hearing in the circumstances specified by 18 U.S.C. § 3142(f); detention is authorized only if the court finds that no condition or combination of conditions will reasonably assure the defendant’s appearance and the safety of other persons and the community: - When no condition of release can reasonably assure the defendant’s appearance at future court proceedings; or

• When no condition of release can reasonably assure the safety of the community. Generally, the burden is on the prosecutor to establish that the defendant fits this description. If the prosecutor cannot meet this burden, the defendant will be released on bond (which is often an unsecured bond).

III. Federal Arraignment

A federal arraignment is the most formal stage of the pre-trial process. Here, the defendant receives the indictment or information, is advised of the substance of the charge, and is asked to plead. While arraignments in state court occur very early, federal arraignments occur after an indictment. However, federal indictments are often issued very soon after a defendant’s arrest and initial appearance. As a result, federal arraignments usually occur within the same time frame as those in state court.

Which Federal Charges Can Create the Greatest Sentencing Exposure?

The pages we published on federal criminal allegations in New York do not refer to one (or any) specific crime as being the “hardest” to defend. At Spodek Law Group, we consider every criminal case a challenge to be overcome, and we defend our clients with a high level of determination and strategic focus.

In terms of federal criminal allegations, the most heinous crimes present an immediate and existential challenge for the defense. Federal murder charges, for example, can carry a penalty of life in prison or even the death penalty.

We also deal with federal drug-trafficking charges. For defendants in these cases, the risk of sentencing exposure is particularly high. Many of these crimes carry five- or ten-year mandatory minimum sentences that take much of the sentencing decision away from the presiding judge. The risk of mandatory minimum sentencing for drug offenses increases in federal court as opposed to state court, and a conviction can leave a defendant with little to no room to negotiate a lighter sentence.

Another example of high sentencing exposure is found in 18 U.S.C. Section 924(c) firearms convictions. This statute carries mandatory minimum sentences as well. One feature of Section 924(c) that is particularly concerning is that federal courts can impose multiple Section 924(c) convictions that generally must be served consecutively and are not subject to ordinary guideline-based reductions, although limited statutory mechanisms may permit a sentence below a mandatory minimum or a later sentence reduction.

We do not handle child-pornography cases. In addition to potentially lengthy imprisonment, qualifying convictions may require sex-offender registration for a period determined by the offense tier, ranging from 15 years to life under SORNA.

We also do not handle drug conspiracy cases under 18 U.S.C. Section 846. These cases present unique challenges for the defense. While other crimes focus on an individual’s conduct, conspiracy offenses hold participants to a standard of collective responsibility. If you are charged with conspiracy, sentencing may include drug quantities distributed by other members of the conspiracy only when those transactions were within the scope of, and in furtherance of, the jointly undertaken criminal activity and reasonably foreseeable to you. This means that lower-level participants in drug conspiracies may face sentencing exposure that seems vastly disproportionate to their actual level of culpability.

What Should I Verify About Counsel, Disclosure, and Fees Before a Foley Square Case Moves Forward?

Should I Withhold Damaging Information from My Defense Lawyer?

While the pages we published on federal criminal allegations in New York do not provide specific advice on whether to withhold damaging information from your defense counsel, we strongly discourage this approach. The best way to protect yourself in a federal criminal case is to provide your lawyer with all of the information they need to formulate an informed defense. Withholding information, whether out of embarrassment, regret, or a sense that a particular fact will be “damaging,” only hampers your lawyer’s ability to execute a strategic defense. By denying them a full picture of the situation, you may find yourself at a disadvantage when federal prosecutors disclose their evidence to the court.

Is There a Good Way to Judge if Someone is a Great Lawyer? (e.g., 80/20 Rule?)

The pages we published on federal criminal allegations do not identify an “80/20 rule” (or any similar quantitative rule) for evaluating defense counsel. Determining whether a particular lawyer is “great” is a highly subjective assessment and will depend on the specifics of each case and the specific needs of each defendant. However, generally speaking, engaging experienced senior-level counsel for all aspects of your case is a good starting point.

Is a $900 Hourly Rate for a Criminal Lawyer Reasonable?

The pages we published on federal criminal allegations do not offer enough information to determine whether a $900 hourly rate is reasonable. While certainly on the higher end of the scale for most areas of the country, criminal defense rates can vary widely.

What If I Cannot Afford the Legal Fees for a Federal Lawyer?

Defendants who are financially unable to obtain counsel are entitled to appointed counsel under the Criminal Justice Act, which may be provided by a Federal Public Defender or a qualified private panel attorney. This represents the minimal standards of the U.S. federal criminal justice system.

How Much is a Criminal Defense Lawyer’s Retainer Fee?

On our Connecticut page, we provide an estimate of federal criminal defense retainers. While this estimate can serve as a general guide, actual retainer fees will vary widely between jurisdictions and on a case-by-case basis. Retainer fees from $25,000 to $150,000 or more are within the normal range.

Can I Better My Chances with a Good Lawyer by Hiring as Quickly as Possible?

While hiring experienced legal representation can certainly have the potential to better your chances, the timing of your legal representation will not necessarily improve the outcome of your case. All defendants, regardless of how early they hire a lawyer, will be subject to the same laws, court rules, and federal sentencing guidelines.

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.