Houston Federal Crime Defense: Southern District of Texas Representation.

The most significant differences between a Southern District case and a Harris County case lie in how the government establishes its case and how investigators approach criminal cases. While a Harris County case is prosecuted on behalf of Texas, a Southern District case is prosecuted by the United States. This means a separate set of law enforcement agencies and federal prosecutors. In Texas, Harris County’s District Attorney is separate and distinct from the Southern District’s United States Attorney.

Another key difference is how federal law enforcement agencies work. When a federal agent reaches out for an interview, is it because you are under federal investigation? While federal investigations typically involve agents from the FBI, DEA, ATF, IRS, HSI, Secret Service, or another federal law enforcement agency, federal agent involvement does not establish federal jurisdiction.

Rather, federal jurisdiction is established on a case-by-case basis. Understanding how you can be charged in the Southern District of Texas is a vital part of determining how to go forward. While there are many different scenarios that give federal courts jurisdiction, three common scenarios include:

• Federal-Property Offenses. In Texas and across the country, offenses that occur on federal land or affect federal property may establish federal jurisdiction.
• Interstate Conduct. An offense that is committed in more than one state or involving interstate conduct may also constitute a federal crime. Examples of interstate crimes include human trafficking, cybercrimes, and federal drug offenses.
• Federal Law Violations. Even crimes committed entirely within Texas can fall under federal law. For example, if an offense is committed on federal property or if the offense affects the United States (or its interests), it could be prosecuted as a federal crime.

When your case is under investigation by federal agents, you have legal rights. You can refuse an interview with federal agents until you first consult with a lawyer. Once we speak with federal agents on your behalf, we can determine whether you should cooperate with the investigation or start preparing your defense. We can help you negotiate with agents, determine the information you need to disclose, and defend you in court if necessary.

Which lawyer credentials matter in the Southern District of Texas?

When selecting a defense lawyer for your Southern District of Texas case, you will want to ask a few questions about the lawyer’s credentials. A few important questions to consider include:

• Is the lawyer admitted to practice in federal court?
• Does the lawyer have experience handling Houston federal criminal cases (or federal cases involving the Southern District of Texas)?
• Does the lawyer have a track record of success in Houston federal criminal cases (or federal cases involving the Southern District of Texas)?

If the Houston defense lawyer you are considering has a comprehensive practice in federal defense, they should be able to confirm each of these points. However, it is important to keep in mind that a lawyer’s awards, media appearances, and testimonials do not necessarily establish their suitability for your Houston federal criminal case. Instead, you will want to select a lawyer based on their credentials and experience.

If you are looking for a Southern District of Texas defense lawyer, remember that federal courts are different from state courts. In Texas, each district court requires separate authorization. This means your lawyer must have authorization to practice in the court that is adjudicating your case. Similarly, if you are under investigation, your lawyer should be authorized to represent you in the district where the investigation is taking place.

Your lawyer should also be prepared to answer any questions you have about the Houston federal court process. While we are confident in our lawyers’ abilities, we cannot provide you with guarantees. When you hire us to represent you, we will work as hard as possible to secure a favorable outcome on your behalf. However, we cannot guarantee a dismissal, acquittal, release, or any specific sentence.

If you need a federal public defender, you can contact the Federal Public Defender’s Office in Houston. A Federal Public Defender’s Office provides appointed representation in eligible federal criminal cases, generally for defendants who are financially unable to obtain counsel. The Federal Public Defender’s Office operates under the provisions of the Criminal Justice Act, 18 U.S.C. § 3006A. The Criminal Justice Act is a federal law requiring federal courts to maintain plans for providing appointed counsel to financially eligible individuals in specified federal proceedings.

The legal requirements for federal public defender eligibility are determined on a case-by-case basis. If you would like to understand the possibility of receiving free legal representation from the Federal Public Defender’s Office, contact our Houston defense lawyer to discuss the options in your case.

What happens after an agent contact in a Southern District case?

If you receive a target letter from a Southern District prosecutor, it does not necessarily mean you will be indicted within thirty to ninety days. A target letter indicates that the government regards you as a target of a federal criminal investigation. While a target letter is important information, it is not a guarantee of any particular outcome, as evidence can be challenged and federal investigators make mistakes.

Likewise, if a federal agent contacts you, it does not necessarily establish that you are a subject. Federal agents often interview witnesses to gather information as they build their cases, and your status in an investigation may be unknown. If you are a subject, agents may or may not tell you; if you are a witness, you may not know why they are contacting you.

Similarly, an arrest by a federal agency does not automatically result in criminal charges in the Southern District of Texas. As with all other federal cases, prosecutors must assess the evidence they have obtained before deciding whether or not it is sufficient to bring formal charges. As a result, it is possible that you could be arrested and then released without charges being filed.

If you receive a criminal subpoena, it means that you are required to produce documents or other information to the government, as a result of an ongoing criminal investigation. Like most other aspects of a Southern District case, criminal subpoenas are subject to the rules and regulations set forth by the Federal Rules of Criminal Procedure. In this case, Rule 17 of the Federal Rules of Criminal Procedure governs criminal subpoenas and the various legal protections and limitations associated with them.

A grand jury subpoena may require you to appear and testify, produce documents, or both, subject to applicable privileges and objections. A grand jury is a group of people that listen to evidence presented by the United States Attorney’s Office and then decides whether to indict. These proceedings are governed by Rule 6 of the Federal Rules of Criminal Procedure.

If the grand jury issues a grand jury indictment, this does not necessarily mean that you are guilty. A grand jury indictment is an accusation, as the grand jury has found sufficient evidence to believe you may have committed a federal crime. The burden of proving that you committed a crime then falls to the prosecution, and you can either defend yourself at trial or negotiate to have the charges dismissed or reduced.

Spodek Law Group works out of offices in Manhattan, Brooklyn, Queens and Los Angeles.

What will Houston federal defense cost before sentencing?

While no one can accurately provide an estimate of what it will cost to build and execute an effective defense for your Houston federal criminal case, some generally published estimates from Texas defense law firms are available. These include:

• Uncomplicated Houston federal plea: $25,000 to $50,000
• Houston federal criminal trial: $75,000 to $150,000
• Complex multi-defendant case: Over $200,000

Private-fee estimates for Houston federal criminal defense vary widely, and no two cases are the same. For example, the volume of discovery in a case can make a huge difference. The more documents the government produces, the more hours your Houston federal defense lawyer will spend reviewing them for potential defense strategies. The number of federal investigators and experts involved can play a big role as well. Motion practice will also make a difference, as will whether or not you need to prepare for appeal or have your case go to trial.

When speaking with potential Houston federal defense lawyers, it is also important to ask whether a requested estimate includes all potential expenses. The cost of hiring investigators, experts, consultants, and transcribers are distinct from attorney fees. Many law firms charge based on the amount of work required and bill these services at an hourly rate. While this is consistent with the bills produced by investigators, experts, and transcribers, it is important to understand how these services are handled and billed. When seeking a quote for your Southern District of Texas case, be sure to make sure you know exactly what you are paying for, how you will be billed, and what to expect from your Houston federal defense lawyer.

What happens at sentencing for a Southern District case?

In Southern District of Texas cases, judges are required to consider various factors when determining a sentence. As outlined in 18 U.S.C. § 3553(a), factors that a judge must consider include:

• The nature and circumstances of the offense and the history and characteristics of the defendant
• The need for the sentence to reflect the seriousness of the offense, provide just punishment, afford adequate deterrence, protect the public, and avoid unwarranted sentence disparities among similar defendants
• The kinds of sentences available
• The kinds of sentence and the sentencing range established for the applicable category of offense committed by the applicable category of defendant as set forth in the Sentencing Guidelines, and any pertinent policy statement issued by the Sentencing Commission
• The defendant’s criminal history and any relevant provisions of the United States 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.