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Understanding Federal Criminal Defense

The judicial process in a federal  criminal case is different  from a state case in many ways. At the commencement of a federal criminal case, the principal participants  are the U.S. attorney (the prosecutor) and the grand jury. The U.S. attorney represents the United States in most court proceedings, including all federal criminal prosecutions. The grand jury will then review evidence presented by the U.S. attorney and decide whether there is substantial evidence to require a defendant to stand trial for their federal criminal charge.

If you are arrested for a federal criminal charge a pretrial services or probation officer of the court will interview you  and conduct an investigation of your  background. This information obtained by the pretrial services or probation office will be used to help a judge decide whether to release you  into the community before trial for your federal criminal charges, and whether or not to determine conditions for your release.

The standard of proof in a criminal trial is “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that you committed this crime.

At an initial appearance, a judge advises you of the charges filed, considers whether you should be held in jail until trial, and determines whether there is probable cause to believe that a criminal  offense has been committed and that you have has committed it.   Defendants released into the community before trial may be required to comply with certain restrictions . These restrictions may include home confinement or drug testing. You may be asked to make periodic reports to a pretrial services officer to ensure appearance at trial.

You may be asked to make periodic reports to a pretrial services officer to ensure appearance at trial.

The defendant enters a plea to the charges brought by the U.S. attorney at a hearing known as an arraignment. This is when your choice of an experienced  federal criminal defense attorney is important. A negotiation process begins. If you plead guilty in return for the government agreeing to drop certain charges or to recommend a lenient sentence, the agreement often is called a “plea bargain.” If the plead guilty, the judge may impose a sentence at that time, but more commonly will schedule a hearing to determine the sentence at a later date. In most  federal criminal felony cases the judge waits for the results of a report, prepared by the court’s probation office, before imposing sentence. If  you  plead not guilty, to the federal charges the judge will proceed to schedule a trial.

Criminal federal cases include a limited amount of pretrial discovery proceedings , with substantial restrictions to protect the identity of government informants and to prevent intimidation of witnesses. The attorneys also may file motions, which are requests for rulings by the court before the trial. For example, your  federal  criminal  defense attorney  may file a motion to suppress evidence, which asks the court to exclude from the trial evidence that  your federal criminal defense attorney believes was obtained by the government in violation of the  your constitutional rights.

In a criminal trial, the burden of proof is on the government.  You do not have to prove  your innocence. Instead, the government must provide evidence to convince the jury of your 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.

If you are found not guilty, you are released and the government may not appeal.  You cannot  be charged again with the same crime in a federal court. The Constitution prohibits “double jeopardy,” or being tried twice for the same federal criminal charge .

If the verdict is guilty, the judge determines your  sentence according to special federal sentencing guidelines issued by the United States Sentencing Commission. The court’s probation office prepares a report for the court that applies the sentencing guidelines to the charges and the crimes for which you have been found guilty. During sentencing, the court may consider not only the evidence produced at trial, but all relevant information that may be provided by the pretrial services officer, the U.S. attorney, and your  federal criminal defense attorney. In some circumstances, the court may depart from the sentence calculated according to the sentencing guidelines. This is where your choice of a federal criminal defense lawyer become important. Your criminal defense lawyer must be able to draw upon every option available to reduce your sentence.

A sentence may include time in prison, a fine to be paid to the government, and restitution to be paid to crime victims. One may look at the recent “Madoff” case as an example.The court’s probation officers assist the court in enforcing any conditions that are imposed as part of a criminal sentence. The supervision of offenders also may involve services such as substance abuse testing and treatment programs, job counseling,  alternative detention options, community service and any other options deemed by necessary by the court

It is important to choose an attorney who has lengthy experience in Federal courts. You should look for prior cases  relating to your specific charges. ie( internet pornography,mortgage fraud medicare fraud)  Your lawyer should have a proven track record defending specific federal charges.

Call the Federal criminal defense lawyers of criminal defense Attorney network for a qualified Federal Criminal defense lawyer.

The Federal criminal defense lawyers of criminal defense Attorney network are experienced qualified Federal Criminal defense lawyers.

 

Our Federal Criminal defense team concentrates on Federal Criminal Defense. Our lawyers represents clients in complex criminal matters at both the trial and appellate level. Our Criminal Defense lawyers have represented many high-profile clients, including doctors, lawyers and government officials. Criminal cases our attorneys have defended include drug trafficking, RICO, money laundering, federal forfeiture, Medicare fraud , mortgage fraud,internet pornography, wire fraud,postal fraud,internet fraud , racketerring, SEC violations and misconduct, and other Federal charges. See Federal and International criminal defense for a complete list of federal Criminal charges.

 

 

 

 

 

Our Federal Criminal Defense lawyers have earned an excellent reputation by providing an aggressive criminal defense in all Federal criminal matters. Selecting a Federal Criminal Defense lawyer is an important decision, and should be based on the lawyer’s reputation and experience.

 

 

 

Our federal Criminal Defense lawyers maintain the highest reputation among fellow lawyers, judges, prosecutors and government officials.

We have Florida Federal criminal defense  Attorneys ready to help you in the following  cities :

Altamonte Springs
Apopka
Aventura
Belle Glade
Belleview
Boca Raton
Bonita Springs
Boynton Beach
Bradenton
Brandon
Cape Coral
Carrollwood
Casselberry
Citrus Park
Clearwater
Clermont
Coconut Creek
Coral Gables
Coral Springs
Crestview
Cutler Bay
Dania Beach
Davie
Daytona Beach
Deerfield Beach
DeLand
Delray Beach
Deltona
Doral
Dunedin
Edgewater
Esterno
Fort Lauderdale
Fort Myers
Fort Pierce
Fort Walton Beach
Gainesville
Greenacres
Haines City
Hallandale Beach
Hialeah
Hollywood
Homestead
Immokalee
Jacksonville
Jacksonville Beach
Jupiter
Kendall
Key West
Kissimmee
Lakeland
Lake Worth
Largo
Lauderdale Lakes
Lauderhill
Leesburg
Lehigh Acres
Leisure City
Margate
Melbourne
Merritt Island
Miami
Miami Beach
Miami Gardens
Miami Lakes
Miramar
Naples
Navarre
New Smyrna Beach
North Lauderdale
North Miami
North Miami Beach
North Port
Oakland Park
Ocala
Ocoee
Orlando
Ormond Beach
Oviedo
Pace
Palm Bay
Palm Beach Gardens
Palm City
Palmetto Bay (Cutler)
Panama City
Parkland
Pembroke Pines
Pensacola
Plantation
Plant City
Pompano Beach
Port Charlotte
Port Orange
Port Saint Lucie
Riverview
Riviera Beach
Rockledge
Royal Palm Beach
St. Cloud
St. Petersburg
Sanford
Sarasota
Sebastian
South Miami
Spring Hill
Starke
Sunny Isles Beach
Sunrise
Tallahassee
Tamarac
Tamiami
Tampa
Tarpon Springs
Temple Terrace
Titusville
Treasure Island
The Villages
Town ‘n Country
Venice
Vero Beach
Valrico
Wellington
Wesley Chapel
Weston
West Palm Beach
West Pensacola
Winter Garden
Winter Haven
Winter Park
Winter Springs

We have Florida Federal criminal defense  Attorneys ready to help you in the following counties:

Alachua
Baker
Bay
Bradford
Brevard
Broward
Calhoun
Charlotte
Citrus
Clay
Collier
Columbia
DeSoto
Dixie
Duval
Escambia
Flagler
Franklin
Gadsden
Gilchrist
Glades
Gulf
Hamilton
Hardee
Hendry
Hernando
Highlands
Hillsborough
Holmes
Indian River
Jackson
Jefferson
Lafayette
Lake
Lee
Leon
Levy
Liberty
Madison
Manatee
Marion
Martin
Miami-Dade
Monroe
Nassau
Okaloosa
Okeechobee
Orange
Osceola
Palm Beach
Pasco
Pinellas
Polk
Putnam
Santa Rosa
Sarasota
Seminole
St. Johns
St. Lucie
Sumter
Suwannee
Taylor
Union
Volusia
Wakulla
Walton
Washington

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Although attorneys fees may vary all criminal defense lawyers are private practice lawyers who charge a fee for their services.

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