Federal Defense

How Federal Criminal Cases Work

Todd Spodek, Managing Partner

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Federal and state criminal charges are generally prosecuted in the same manner, but cases filed in federal court are almost always more serious than state criminal issues. The federal law enforcement officials typically do not get involved unless a charge is in direct violation of a serious federal criminal statute or the activity is occurring across state lines. Interstate criminal activity is actually a very common scenario when the federal agencies get involved because state authorities can be limited in scope and have difficulty investigating the case from inside their own jurisdiction. Other states of activity also have the same difficulties investigating for the same reason, and state law enforcement agencies do not always share information. Federal law enforcement officials have more resources to investigate, and they also have the power to arrest anywhere within the jurisdictional United States. These defendants will find themselves in a federal court room eventually, even though they may be held in a state facility until the arraignment hearing, and the case will proceed according to federal requirements.

Pretrial

The initial step after an arrest is securing bond if at all possible along with finding a criminal defense attorney who is experienced in federal court. The sooner you can locate an attorney, the quicker the case will proceed. Evidence can fade fast in any criminal case, and many times it is the evidence needed to build a solid defense. Your attorney can conduct a separate investigation into the evidence and discuss the case with the prosecutors even before the initial arraignment hearing where the charges will be read. After informing the defendant of their rights in federal court, a discovery hearing will be scheduled where the federal prosecutor can state their reasons for the charge and supply evidence. Your criminal defense attorney can then evaluate all of the articles of evidence and build a case using information gathered from his own investigation.

Case Negotiations

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Todd Spodek
ABOUT THE AUTHOR

Todd Spodek

Managing Partner

With decades of experience in high-stakes federal criminal defense, Todd Spodek has built a reputation for aggressive, strategic representation. Featured on Netflix's "Inventing Anna," he has successfully defended clients facing federal charges, white-collar allegations, and complex criminal cases in federal courts nationwide.

Bar Admissions: New York State Bar New Jersey State Bar U.S. District Court, SDNY U.S. District Court, EDNY
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