The same general principles apply to hiring a federal criminal defense
lawyer as apply to hiring any other criminal
lawyer. It is highly recommended that any person hiring a lawyer
to assist with federal criminal charges or grand jury proceedings retain
a lawyer who has significant experience with the federal system.
The Federal Criminal System
The federal criminal system is in many ways like the state system,
but it has some very significant differences. One difference is that
the typical United States Attorney's office, responsible for prosecuting
federal criminal charges, has significantly more time and resources
to direct to any given prosecution than would a state prosecutor.
Federal
prosecutors also typically have better academic credentials than state
prosecutors, and many have a great deal of latitude in selecting the
cases they wish to prosecute through the federal courts. Save for crimes
which occur on federal land, those cases which fall exclusively to the
jurisdiction of a federal prosecutor tend to be of an interstate nature,
and are more likely than a state prosecution to be legally and factually
complex.
As a result, federal criminal defense tends to involve cases which
are more difficult to defend, and the cost of defense is often very
high. In each federal jurisdiction there is also a Federal Defender's
office, which can provide legal representation to indigent defendants.
Federal Criminal Investigations
If you are contacted by the federal authorities in relation to a criminal
investigation, the first thing you must attempt to determine is if you
are being contacted as a potential witness or as a suspect. The second
thing you must determine is what statements you can safely make to the
authorities without potentially falling into a trap, such as being charged
with lying to federal agents. Consider for example the case of Martha
Stewart, who was acquitted of any direct criminal wrongdoing but spent
time in prison for making false statements to federal investigators.
A federal criminal defense lawyer can help you assess the nature and
purpose of the investigation, and why you are being approached. While
you should expect your lawyer to instruct you to provide honest answers
to any questions from the federal authorities, your lawyer may be able
to guide you around any potential traps or pitfalls. When appropriate,
a federal criminal defense lawyer can be present during any questioning,
act as an intermediary between you and the investigating authorities,
or advise you to exercise your Fifth Amendment privilege against self-incrimination.
If appropriate, a federal criminal defense lawyer may be able to work
out a deal where you will cooperate with the investigation, in return
for more favorable treatment when the investigation is concluded. In
appropriate cases your lawyer may also be able to secure a letter of
declination, in which the U.S. attorney formally declines to prosecute
you in relation to a particular offense or investigation.
Grand Jury Testimony
When a person receives a subpoena to testify before a grand jury, as
with an investigation, it is not always apparent whether the person
is being subpoenaed as a witness or as a potential target for indictment.
As with an investigation, a federal criminal defense lawyer can help
a grand jury witness determine the likely purpose of the subpoena, how
to avoid potential traps and pitfalls when providing testimony, or when
to "take the fifth". The lawyer may also be able to work out
a deal for immunity, or for use immunity (meaning that the testimony
provided before the grand jury cannot be used to advance a criminal
prosecution against the witness), in relation to the testimony.
Federal Criminal Proceedings
It is helpful during federal criminal proceedings to be represented
by a lawyer who is familiar with the federal rules of evidence, federal
rules of criminal procedure, trial procedure, and the federal court
system in general. The lawyer should also be familiar with federal sentencing
procedures, and with the recent Supreme Court rulings which affect sentencing.
It helps to have a defense lawyer who is familiar with the U.S. Attorney's
office which is handling the case, and ideally some familiarity with
the federal investigative agency which spearheaded the investigation.
There is no such thing as a highly qualified federal criminal defense
lawyer who dabbles in federal court matters. Lawyers either
know federal criminal defense, or they don't. If you are involved in
the federal criminal system, make sure your lawyer, or at least one
of the lawyers who will be serving on your defense team, has extensive
experience with the defense of federal criminal charges. As previously
noted, federal criminal defense tends to be very expensive. You will
be paying for specialized experience - so make sure you get it.
Article Source: http://www.expertlaw.com
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