Understanding Federal Criminal Defense

Federal crime by definition means a violation on the legislation passed by the federal government as distinguished by laws made by the State. Federal crimes tend to carry harsher penalties than state law violations. This is the why when someone is charged with a federal crime, they need a help from a criminal defense lawyer who specializes in federal criminal law proceedings and federal judicial system. There are times that the difference between state and federal criminal defense can be blurred and hazy. Some crimes could be prosecuted under either federal criminal law or under state criminal law. A good criminal defense attorney who is as experienced in both state and federal laws can help to have the charges brought under state and not federal jurisdiction. When you have been charged with a federal crime, you would to go through several prescribed steps in the federal criminal procedure. In this case, you need to have a legal representation who can actively look after your interest and guard your constitutional rights. Here are the legal processes in  federal criminal defense:

• The federal prosecutor will make the complaint, stating the reasons for the charge and the probable cause for the government to arrest the alleged offender;
• The The arrest warrant would be issued;
• The arrest would be made;
• The alleged offender is required to contact their criminal defense lawyer;
• The alleged offender would make an initial court appearance;
• The presiding judge would inform the alleged offender of their rights, would decide if the evidence is enough to make an indictment, and if necessary, set bail;
• A detention hearing within three (3) days from the arrest may be held to find out whether the alleged offender may be released on bond until trial;
• A preliminary hearing would be called for the prosecutor within ten (10) days of the arrest to put on evidence that there is probable cause that the alleged offender did commit the crime in question; and
• The alleged offender’s defense counsel in turn can put on evidence proofs negating the probable cause. If the judge finds that a probable cause does exist, then the case will move to the arraignment process.

The federal prosecutor may opt to file an indictment in lieu of a complaint. In this instance, the prosecutor first presents the evidence of probable cause before the grand jury. The grand jury, which is composed of 23 randomly selected citizens from the community where the case will be prosecuted, then decides whether the trial will be held. If the grand jury sees there is enough evidence to prosecute the alleged offender, they will return a “True Bill.” Otherwise, they will return a “No Bill” which means that the federal charge is dropped. Based on the decision of the grand jury, the arraignment would be held wherein the alleged offender is read the charges against him, is advised of his rights, is made to enter a plea of guilty or not guilty, and wherein a date for the trial will be set. Unless a Plea agreement is reached, the case will then move to trial. The prosecutor must prove beyond reasonable doubt that the defendant is guilty based on the evidence and the arguments presented by both sides. The jury will decide whether the alleged offender is guilty or not. If the alleged offender is found guilty, they would be sentenced by a judge within about eight (8) weeks after the conviction. The sentencing could be jail time, probation, fines or any combination. The last stage of the  federal criminal defense process is the appeal. Within ten (10) days after his sentencing, the defendant must file a Notice of Appeal. In certain cases where a plea agreement is made, there may have been provisions which require the defendant to give up his right to appeal. In a criminal trial, federal or otherwise, the burden of proof is on the government. You need not prove your innocence. Instead, the government must provide evidence to convince the jury of the defendant’s guilt. The standard of proof in a criminal trial is proof “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that you committed the federal crime. With all these, an alleged offender has their rights to get an experienced criminal defense lawyer. Contact Attorney Ross Goodman for a free consultation now.