Should I Turn Myself In And Expect Leniency In A Federal Criminal Case?
Our goal is always to achieve the best result possible. A doctor performing a surgery doesn’t ask whether the patient has contributed to their situation and neither do we. Like the doctor our goal is to do whatever we can to improve client’s situation.
Confessing almost never leads to a good result, and in general, it does not lead to any type of leniency. In the event that a client decides to cooperate with law enforcement, it’s very important that that cooperation be part of a negotiated cooperation deal that is laid out in writing and establishes the obligations of both sides.
What Role Does The Grand Jury Have In A Federal Indictment?
The grand jury is a necessary part of the federal criminal system. No indictment can issue without the grand jury having voted and finding probable cause. A person can be arrested on a criminal complaint that is signed by a prosecutor and a magistrate judge, but that case cannot be brought to trial without grand jury action.
What Happens After I Am Arrested And Charged With A Federal Crime?
After your arrest, you will be brought reasonably promptly to a magistrate judge for an initial appearance. During that hearing, the issue of bond will be determined and your will be given a scheduling order setting the case for trial. The Speedy Trial Act has fairly short deadlines, but they can be changed later by agreement of the parties.
If you hire a competent felony criminal defense attorney, he or she should be able to negotiate the time and circumstances of your surrender with the prosecutor.
Should I Work With Federal Authorities In My Federal Criminal Case?
Any type of cooperation with the federal authorities should be part of a negotiated agreement between the defendant and the government. It is very important that the defendant be represented by counsel so that he or she can get a fair deal.
What Pre-Trial Conditions Could The Court Impose On Me In A Federal Case?
The Bail Reform Act states that the judge should impose the least restrictive conditions sufficient but not greater than necessary to ensure that the person doesn’t run away and that the community is safe. In essence, this means that a magistrate judge or a district judge can impose whatever conditions he deems necessary, up to and including confinement. These conditions might include a cash bond, electronic monitoring, or a curfew. There is a lot of litigation that goes into deciding whether a person should be released and what the conditions of their release should be.
How Do You Determine Whether Or Not To Take A Federal Case To Trial?
Most federal criminal cases do not go to trial. Prosecutors love to throw around a 95 percent conviction rate, but there is a huge number of cases in federal court that are illegal reentries, which are people who come back into the United States after having been deported. Obviously, those cases do not go to trial, yet make up a huge percentage of the federal docket.
At least half of our cases go to trial and that is because we often find that once we’ve had a chance to conduct our own investigation and really understand where the government is coming from, we discover a valid defense. In every criminal case, our job is to find a defense. If we can’t find a defense, then we argue the mitigation case. In essence, that means we admit that the client committed the crime, but list mitigating factors which should warrant a lesser punishment.
For more information on Expecting Leniency In A Federal Criminal Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 228-5900 today.
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