Fort Worth Federal Criminal Lawyers
Fort Worth Federal Criminal Lawyers
Texas politics can make the federal criminal justice system here a terrifying experience. The war with Mexican immigrants and the drug trade that is penetrating the borders of Texas can lead to a lot of political dynamics. Fort Worth, Texas, is particularly vulnerable because it carries a reputation for drug trafficking.
If you are accused of drug trafficking, conspiracy, or other related crimes such as gun charges or racketeering that associate you with organized crime, you need the best representation possible to find weaknesses in your case. A lot of federal prosecutions rely on unfair tactics to increase the penalties or intimidate defendants into accepting large sentences. Large sentences and large busts are good political tools for federal officials when they want public support and more funding.
In order to defend against these charges or many other federal crimes, you need an experienced federal defense attorney who has the skills and wisdom to mitigate or defeat the charges. A lot of defendants are overcharged and manipulated into signing their lives away by overzealous prosecutors. Whether you’ve been charged with fraud, unlawful possession of firearms, computer crimes, or other white-collar violations, our law firm is committed to exploring all the avenues for relief.
How Does the Federal Criminal Defense Process Work?
Our law firm starts out by scrutinizing the criminal information or indictment. This charging document has to meet very strict standards to comply with the Sixth Amendment. The document must set out the nature and cause of the offense with certainty to allow you to form an effective defense. You have the right to call witnesses and need to be formed of the details that could lead to video footage, witness discovery, and other forensic information.
A criminal information that simply states that you are charged with racketeering does not descend to sufficient details. The information and the affidavit of probable cause by the arresting officer must be specific enough to allow you to prepare a defense. If not, the court does not have jurisdiction over the subject matter. The continuance of the prosecution is dependent upon demonstrating that all the elements of the crime can be proven at trial and fall only to the discretion of jurors to decide credibility and weight of evidence.
We also scrutinize any warrants to ensure that they are properly drafted. Even what may seem to be a harmless mistake like switching AM for PM on the time of the raid can lead to evidence suppression. Courts can be hypercritical of processes for both defendants and officials. If the evidence of drugs, money, or other documents is thrown out of court, probable cause may no longer exist to prosecute you even if the government had a strong case.
We can also hire expert forensic witnesses to do their own testing. We work with private investigators who can figure out the background of alleged witnesses and uncover flaws in the investigation. In addition, our law firm can file pre-trial motions that ensure that any time before a jury is fair and unbiased. Our goal is to suppress any prior bad act evidence that could taint a jury. This is very possible unless you have a conviction for the exact same crime that you are now facing.
We can also help you suppress any inflammatory evidence. If phone calls, text messages, photos, or other bits of evidence are being used as props to make jurors hate you without having a lot to do with the elements of the offense, they should be omitted. Prosecutors have a penchant for playing at the passions and prejudices of jurors when they have a weak case.
Finally, we will request specific evidence during the discovery process by thoroughly considering where there are holes in the narrative. By forcing the hand of prosecutors to give up critical evidence that they are hiding, we can strengthen your defense and help you obtain an acquittal or mitigation. The U.S. Supreme Court gives more weight to specific requests for evidence than general requests when deciding the willfulness of the prosecutors Discovery-duty violations.
By preserving these issues for appeal and working hard pre-trial, most cases can be resolved without the need for a trial. If you wish to go to trial, we will work hard to produce the best result for our clients and file post-trial motions and more.
Fort Worth Federal Appeals Lawyers
The trial and conviction for a federal crime has just concluded and you are waiting for sentencing. It is a fantastic time therefore, to start contemplating federal criminal appeals a bit more thoroughly. Before sentencing, you’re allowed one vital opportunity to speak and try to mitigate the seriousness of your fees while begging for leniency. The same trial judge about to pass sentence is the one which will rule whether the case can go ahead to appeals. If a conviction is the result of your defense endeavor, you’ll have only 14 days to file the notice of appeal.
To lodge an appeal is to return to court the trial situation that sentencing was passed ; to seek redress. One must consider two things before determining whether to appeal. One, if the trial court sentence is milder than what the federal prosecutor was arguing for; he or she might establish a cross-appeal to your charm and the consequent sentence might be much stiffer! Two, if the legal representation you have used at trial is to be kept for the appeal or a more competent defense lawyer with specific appeals experience hired.
When the trial court has passed sentence on a federal criminal case, a notice of appeal is to be filed. Expediency is advisable as this must stick to the court system’s statute of limitations for filing an appeal notice; which is 14 days. Based on www.uscourts.gov, there are 12 regional circuits at the 94 federal judicial authorities of america. In these circuits, you will find 13 Federal Courts of Appeal; that has a panel of justices who handle all appeals on the federal level in every circuit. Above them is the US Court of Appeal for Federal Circuit which is the judicial institution that manages matters resulting from international trade, federal claims, constitutional and patent legislation. A federal criminal appeals suspect must remain informed about the changes to court names and regulations; or locations of their courthouses.
Following the notice of appeal was dealt with, your attorney can then file docketing statements; these are the statements that pertain to your trial. They will allow your case details to be is easily put together by the court clerks ready for referral to the appellate bench. In response to the registered notice; the court will issue a briefing schedule. Notification or communication to the deadline of the briefing program is written to all parties, and the national criminal appeals defendant has 45 days to prepare an opening brief. You must also get in contact with the court reporter who took notes of your proceedings. These notes need to be prepared into trial transcripts which take some time; the transcripts will be used to initiate your appeal defense.
After the briefing schedule has been released by the appellate court; the skills of a capable federal criminal appeals lawyer will be required if not already obtained. Your counsel will enable you to prepare an opening brief; this is the defendant’s initial statement. The brief can be filed at a provided from, filled on judicial internet portals or handwritten. The opening brief is a lengthy citation filled record; aiming to demonstrate that the appellate court using references to other related matters, that the lower court’s trial result didn’t meet either legal or other expectations with regard to your case.
The Federal Court of Appeal receives your legal representatives’ arguments; then it is the turn of the federal prosecutor who files their opening brief in response to yours. They answer to the arguments your counselor has put forward and strive to show the seat why the sentencing you obtained is legally just. The defense lawyer then has a few weeks to file a reply brief; possibly stressing firmly upon the opening briefs’ stronger points or passing tactical tackles into the prosecution’s arguments. The national criminal appeals circuit court will then decide if the briefs meet the necessary requirements to pass a judgment. Depending on the opening and reply briefs plus other docketed evidence filed by the defense; they could pass sentencing or choose to hear oral arguments from your lawyer against the prosecution. At oral arguments, each side has just 30 minutes to make its case; which may be an intense half hour. The discretion however, remains with the judge though parties can make programs in federal criminal appeals for their oral arguments to be heard.
Depending on the outcome of this appeal, the defendant makes the choice to either; be content with the appeal court’s sentence, appeal again at national circuit level and to further take the matter all the way to the Supreme Court of the USA. The Federal Circuit Court of Appeals bench has three judges that the president appoints and is on life tenure. Above this is the Supreme Court; that is the final stop for all appeals. There are however, many positive outcomes to sentences which have gone through the federal criminal appeals process.