If
you're currently involved in or are a target of a State or Federal
criminal investigation, you may have already asked yourself some
of these same questions.
With
a criminal justice system that seems to favor the prosecution,
will a good criminal defense attorney really make a difference?
Now more
then ever before is this so true. With the recent advent of literally
hundreds of new state and federal criminal codes and, in some
cases, the adoption of the mandatory minimum sentencing guidelines,
which can cause jail and prison sentences to be unfairly high,
it is vital for any defendant facing criminal prosecution, to
secure an extremely reputable and proficient attorney.
Strategy, being detailed and execution are the keys to a successful
defense. An experienced attorney who understands this can save
clients from years of prison. I have been a criminal attorney
for 16 years. I truly enjoy the implementation of a well thought
out case strategy. It's like playing chess. You must think many
"moves" in advance of your opponent.
It's
my first offense, I'll probably get probation - right?
Actually
your first offense has little to do with it. Basically,
in the federal system, the government will go to a book called
the "United States Sentencing Guidelines" to determine
your fate. The appropriate table pertaining to your case will
be turned to, next the row and column that matches the quantitative
value and number of convictions will be selected and, for the
most part, your sentencing range will have been determined.
It
does not matter whether you have children and both parents may
be facing prison sentences. If there are no relatives to care
for the children, the children could be placed in foster care
through a governmental agency. It doesn't matter if
you're pregnant and it doesn't matter if you're 70 years old.
If the "United States Sentencing Guidelines" state that
you should go to prison, unless there is some type of legal maneuver,
or downward departure from sentencing, presented and orchestrated
on the part of your attorney, you will go to prison. This is where
a good attorney can make all the difference in world.
How
do you know when to government is coming to arrest you?
Many times
you don't and this is why you may want to retain a good attorney
early on. Usually when prosecutors are ready to make arrests,
they send sheriffs or marshals along with investigative agents,
bright and early, to the residences or places of employment.
A favorite ploy of the government is to attempt to arrest you
on a Thursday or Friday so that you will at least spend the weekend
in jail or a detention center [a 90's term for "jail"],
before you can be released on bail. If you catch a problem early
enough, there is a good probability that, if you have retained
a good attorney, this situation can be avoided.
How
long does it usually take prosecutors to make arrests after a
federal crime has been committed?
Well this
varies. Prosecutors may wait until the criminal activity
reaches a certain volume especially in white collar crime. It
is not unusual for criminal suspects to be under investigation
for several years before they are even aware it. A
time line from the investigative discovery to charges or indictment
can be a number years. You see, the higher the dollar
or quantitative volume, the bigger the case and the more "points"
scored by both investigators and prosecutors, as well as more
prison time dispensed to convicted defendants.
I
haven't heard anything in a while, do you think they forgot about
it or closed the case?
Unlikely.
The government is a huge machine that just keeps churning away.
If a criminal investigation was opened, then it is either usually
in process or on hold. You can pretty much bet that every case
being investigated is sitting in a computer which highlights any
investigation that moves too close to the statute of limitations
date. It is not unusual for the government to sit on an investigation
for years only to surface it when the time is more appropriate
for them.
What
are the chances for a "Not Guilty" verdict if a federally
charged criminal defendant takes the case to trial?
Statistically
not very good. Currently federal prosecutors tout above a 95%
conviction rate. This is primarily due to the fact that most cases
never make it to trial. Most defendants end up taking
a plea bargain rather then risk a potentially much greater prison
sentence which could be dealt them if they actual went to trial
and lost. Another factor is the empowerment and impunity given
to both investigating authorities and prosecutors, along with
an interesting trial maneuver called "Jury Instructions".
Jury instructions are basically parameters that the judge provides
the jury which can greatly affect the outcome of a verdict.
Lets say you where being charged with a federal crime which could
send you to prison for 10 years if you lost at trial, and you
are being offered a 3 year prison sentence if you accept a plea
bargain. If you believed you we're innocent would you still
take your case to trial knowing that if by chance you lose, you
may have to serve a 10 year prison sentence? Currently within
the Federal prison system, you will server at least 85% of that
time.
What
about the innocent person who's indicted - won't a trial bring
out the truth?
Ideally
that's how it should be but unfortunately, at least in the federal
court system, it many times does not go this way.
Its almost always the goal of the prosecutor to get the defendant
to take a plea bargain. Why? Because it
saves the prosecutor, time and the government, money.
The prosecutorial system is actually engineered to motivate a
criminal defendant into taking a plea bargain by offering points
off for cooperating. It is well known that a criminal
defendant, who chooses to take the case to trial, risks receiving
a much stiffer prison sentence as opposed to taking a plea bargain.
It gets easier to see why the prosecutors are beating Vegas odds
with a 95% plus federal conviction rate.
What's
the difference between prosecutors and investigators?
Investigators
include the FBI, DEA, Secret Service, and any other organization
which has been empowered to investigate federal related criminal
activities. Prosecutors are usually assistant U.S. Attorneys which
actually conduct the plea bargaining and court room trials.
It is not unusually for U.S. Attorneys to work with a variety
of investigative branches during their tenure as a prosecutor.
Is
justice the primary motive of investigators and prosecutors?
Justice
is a primary credo among investigators and prosecutors as an overall
convention, nevertheless, there are also personal and professional
objectives to consider. Every conviction, every arrest,
as well the total dollar or quantitative amounts involved are
points which help move investigators and prosecutors up the career
ladder. Their positions are very subjective in that they
are empowered with such discretion and impunity within the federal
prosecutorial system. For example, it is usually up to the
prosecutor to decide who will be prosecuted and who will not within
a multi-defendant investigation. So while multiple individuals
may have participated in a federal crime, some may be charged
while other may not - the selection can be based on a personal
tactical strategy, or esoteric reasons such as personality conflicts.
Isn't
it difficult for prosecutors to get an indictment against an person?
What people
don't realize is that Federal prosecutors can get an indictment
at the drop of a hat. Usually its a closed hearing and most of
the time the person or persons targeted have no idea this is happening.
The next thing you know your fighting for your life.
Reading the questions and answers above can be a little unsettling
but we wanted you to know about some of the implicit realities
that face many people today. We want you to know that we
understand that butterfly feeling that exists in your stomach
when the government may be leaning your way. We're here to help.
We've been in the business a long time, we know the intricacies.
Getting sentenced to jail
for a federal crime case depends on the statue of conviction and
the federal crime sentencing guidelines. Federal crime sentencing
guidelines are very strict. The federal crime case judge is required
to rely on a sentencing table that has been established by the
commission. Every different type of federal crime is assigned
a point value that can be adjusted depending on the characteristics
of the federal crime offense.
If you are currently under investigation for a federal crime contact
us to speak with an expert federal crime offense attorney
H. Michael Steinberg
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