Santa Barbara Federal Crime Defense Lawyer
Charged With a Crime in Federal Court?
There are a number of serious offenses that will be filed in federal court. These can include white collar crimes, as the federal government is heavily involved in protecting financial institutions. Other crimes that could be filed federally include kidnapping, drug crimes, arson, tax crimes, mail fraud, weapons charges, child pornography, bank robbery, identity theft and any other crime that crosses state lines or takes place against a federal employee or on federal property.
Understanding the Federal Criminal Justice System
The federal criminal justice system is a completely different system with entirely different laws, courts and personnel. These crimes are prosecuted by the U.S. Attorney’s office and the evidence is usually supplied by federal investigation units such as the FBI, DEA or the ATF. When punishment is imposed in federal court, it can range from probation and fines to years spent in federal prison.
The U.S. Attorney’s office has career prosecutors that have advanced through the system and are some of the toughest in the nation. The penalties are usually more extensive than those you could expect in a conviction in state court.
How Will My Federal Case Move Through the Court?
When charged with a federal crime, the accused will need legal representation that is familiar with the federal justice system. A federal case will need representation through each step:
- Investigation: The crime will be investigated, evidence collected, and the details of the case worked out by the prosecution.
- Charging: From the information gathered, the prosecution will decide to try the case in front of a grand jury.
- Initial hearing: On the day or day after the accused is arrested, they will appear before a judge to hear the charges leveled against them and whether or not they will be kept in jail.
- Discovery: The prosecution and the defense will take time to prepare for the case by studying the facts, talking to witnesses, examining evidence, and anticipating potential problems.
- Plea bargain: In some cases, the prosecution will offer the defense a plea deal to avoid a trial and decrease potential sentencing.
- Preliminary hearing: This can occur after the defense has entered a plea of not guilty, and the prosecution must show that enough evidence exists to charge the accused with a crime.
- Pre-trial motion: These are decisions made by the court before a trial begins to dismiss charges from a case, to prevent evidence from being admitted for consideration, and even asking for the location of the trial to move.
- Trial: The facts of the case are presented to the jury, who then decides whether or not the accused is innocent of the crime. This involves selecting a jury, presenting the case, questioning witnesses, and allowing the jury to deliberate on a verdict.
- Post-trial motions: Should the accused be found guilty, they may ask for a new trial, or the judge can choose to acquit.
- Sentencing: After the accused has been found guilty, they can return to the court at a later date to hear the sentencing for the crime as determined by the judge.
- Appeal: If the defense feels they were wrongly convicted or the sentencing imposed was too harsh, they have the right to appeal the case and raise issues not presented at the trial.
When anyone is facing federal charges, they need representation that is not only familiar with the process, but is dedicated in seeing their case through until the end.
It is imperative that you seek legal representation from an experienced Santa Barbara criminal defense lawyer from Lessem, Newstat & Tooson, LLP if you are facing any federal crime charges.