Being convicted of a federal crime is a serious offense and requires that you seek to hire a federal criminal defense attorney.
But when do you hire a federal criminal defense lawyer? Should you hire an attorney
before you are formally charged with the crime, such as while the case
is still under investigation, or should you wait until the trial is
about to commence? In addition to these questions, there are questions
of what charges necessitate hiring a federal criminal defense lawyer.
What is a Federal Crime?
To understand when to hire a federal criminal defense attorney, you
first need to know what constitutes a federal crime. After all, if you
have been charged with violating a state crime, there may not be a good
reason to hire a federal attorney at all.
For the most part, criminal law
is created by state legislatures and Congress. Laws created by state
legislatures will vary from state to state. These are called state
criminal laws, and a violation of a state criminal law is a matter
between the accused and the state.
The U.S. Congress, however, defines what constitutes a federal crime.
A federal crime is a crime that concerns the federal government. For
example, assaulting a federal employee or damaging federal property is
considered a federal crime.
If the crime you are accused of is a crime against the state, you will not need to hire a federal criminal defense attorney.
If, however, you are accused of violating federal law or committing a
crime involving a federal worker or federal property, then you will want
to look into hiring a defense attorney who is knowledgeable about
federal law.
Federal Felonies & Misdemeanors
In addition to dividing crimes by state and federal law, crimes are also divided into felonies and misdemeanors.
Felonies
tend to be crimes that the government and society consider to be more
severe. These crimes entail harsher penalties, specifically prison
sentences of at least a year, hefty fines, or a combination of both.
Because punishments can be so severe, the stakes are fairly high when
it comes to felony charges. That is why, if you are charged with a
federal felony, the need for a federal criminal defense lawyer will be
that much greater.
Conversely, misdemeanors
are lesser crimes and thus have lesser penalties. Usually, misdemeanors
are punishable by up to a year in prison, smaller fines, or a
combination of both. You may wish to hire a federal criminal defense
lawyer if you are charged with a misdemeanor, but a criminal defense
lawyer who handles all sorts of criminal defense cases-not just federal
cases-may have the skills to represent you.
Some crimes can be classified as either a felony or a misdemeanor. For example, battery,
which is when one person purposefully causes physical injury to another
person, can be either a felony or a misdemeanor. Felony battery occurs
when the force used and the injuries caused are severe. Misdemeanor
battery is usually charged when less force or minor injuries occur.
The Criminal Justice Process
The criminal justice process
has a number of steps from the investigation to the trial. You have an
opportunity to hire a federal criminal defense attorney at any point
throughout the process.
The initial part of the process is the investigation. This
is when witnesses are questioned, evidence is collected, and police
officers make their observations. If you are a suspect who is under
investigation, you may wish to retain an attorney. This is especially
important if you are being questioned by authorities and want to ensure
you avoid saying anything that may incriminate yourself.
The next phase of the process is the arrest and the preliminary hearing.
This is when you are taken into custody by authorities and are formally
charged in open court. This is also your opportunity to plead guilty or
not guilty to the charges. A criminal defense lawyer can advise you on a
potential plea and its ramifications. If you are planning on
negotiating with the prosecution, the party in charge of proving the
charges, in what is called a plea bargain, you will want to retain a
lawyer by this point. A plea bargain often entails having the accused admit guilt to a lesser crime for a lesser punishment.
Finally, if no plea bargain is reached, you will have to stand trial.
At this point, you will need an attorney to represent you unless you
choose to represent yourself. If you cannot afford an attorney, one will
be appointed to you. This appointed lawyer is called a public defender.
Choosing a Federal Criminal Defense Lawyer
When choosing a federal criminal defense lawyer, you
will want to go with someone who has experience handling cases similar
to yours. If you have been charged with federal tax evasion, you wont
want to hire a lawyer who only has experience with federal battery.
You also will need to have confidence in your attorney. After all,
this is the person who is defending you from potentially serving years
in prison. Prior to hiring the lawyer, schedule a consultation to ensure
you trust the lawyer to adequately represent you.
Article Source: http://www.attorneys.com
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