WHEN THE FEDS LEAVE A CARD

 If you have reason to believe that the U.S. Government is investigating you, here are the choices:

•  Trust it is a bad dream. Ignore rumors. Hide under covers.
• Tell yourself is was really a small matter and the feds don’t care after all.
• Take charge of your situation. RETAIN AN EXEPERIENCED CRIMINAL DEFENSE LAWYER. If you do this BEFORE AN INDICTMENT, it  can save you MONTHS OR YEARS OF GRIEF and maybe even some money. This is one time in your life when it absolutely pays to be proactive.

What is a Federal crime?

Federal crimes have a federal element or connection that provides a rationale for the case to go before a federal judge, usually because the alleged crime occurred on federal property or because the alleged crime involved interstate transportation or communication, such as Internet pornography.

Federal indictments follow an investigation by a federal agency, such as the IRS, or Immigration, or the U.S. Attorney’s Office. Federal agencies investigate crimes that have a federal component or that have other grounds for federal jurisdiction.

A number of federal agencies investigate possible criminal activity and submit the results to the United States Attorney’s Office, usually to the field office of the U.S. Department of Justice headquartered in Washington, D.C.

Grand jury indictments follow investigations by, and conferring between, the agencies and the prosecutor’s office.

A successful defense against a federal indictment requires a lawyer with specific experience in the federal court system. Attorney Douglas Slain has tremendous experience in both California Superior Counts and Federal Courts.

How does this really work?

If you cannot be found guilty, you are innocent. It is that simple. Unfortunately, you often will need a lawyer to prove your innocence. Many of our clients assume it is the court’s function to see to it that they get a fair trial. The judges themselves very much want you to get a fair trial but do not expect them to actually help you. The court will allow your defense lawyer to cross-examine the government witnesses. The court will allow your lawyer to present your case so as to convince a jury that the prosecutor has shown you to be guilty beyond a reasonable doubt.

But the court will also listen to the prosecutor and respect and take seriously (at least initially) the allegations the prosecutor is making against you.

You want a lawyer who will thoroughly investigated your case and file the proper motions in a timely fashion; if not, your trial may not go well. The federal government has unlimited money to spend and no end of earnest lawyers whose careers benefit from your misfortune. You can be certain the prosecutor and his assistants will be prepared. This is not a time to be alone.

The prosecutor may have spent months putting his case together before you even knew you were under investigation. The prosecution, in any event, will be prepared. 

Why the Law Offices of Douglas Slain?

What is there to know about federal criminal law that is not known to 99% of lawyers who practice in state courts? Here are two examples:

•  U.S. prosecutors have certain favorites in decided which of all the thousands of cases they will prosecute. Right now mail and wire fraud statutes are used even when arguably inapplicable.
•  Whether or not a statute is used to indict you, the prosecutor will use it to establish a legal basis to prove probable cause of a crime, which, in turn, can lead to an authorized search and seizure.

In two recent significant appellate decisions, the Supreme Court ruled that the federal sentencing guidelines were not mandatory and in fact were unconstitutional to the extent that they require a court to impose a sentence based on facts not considered a trial.

In short, a federal judge is NOT required to follow the federal sentencing guidelines. It is your lawyer’s job to convince the Court why you should be given a lesser sentence than the prosecutor demands.

Federal sentencing briefs, a specialty of The Law Offices of Douglas Slain, can be especially complicated and outside the competency of most attorneys.

Federal criminal procedure

Pre-trial procedure

The Sixth Amendment to the U.S. Constitution promises all defendants the right to a speedy trial, meaning prosecutors cannot wait for as long as they wish to decide whether to file charges and bring the case to trial. With the passage of the Speedy Trial Act, all federal trials must begin within 70 days of the indictment being filed.

The Sixth Amendment also gives everyone the right to a jury trial and the federal justice system allows both sides to utilize peremptory challenges during jury selection to insure an impartial jury.

Due process requires that the defendant be allowed to call his or her own witnesses, build a defense with evidence and witnesses, and present their own theory of the case and interpretation of the facts. 

One potential pre-trial motion would argue that the Fifth Amendment prohibits the prosecution of the defendant with new charges based on the same facts following a failed prosecution.

Procedure During Trial

The U.S. Constitution provides further rights to defendants by forcing the prosecution to prove its case beyond a reasonable doubt and, as the O.J. Simpson matter illustrated, a civil trial has a much lower standard of proof than a criminal trial: in civil litigation, the plaintiff need only prove his or her claim by a preponderance of the evidence.

The Sixth Amendment’s “Right to Confront” clause guarantees the defendant the right to cross-examine the prosecution’s witnesses.

The Federal Rules of Criminal Procedure guarantee a defendant the right to counsel at every step in the proceedings. If money is a problem, the defendant will be represented by the Public Defender’s Office. If the defendant does not wish to be represented, he can appear in pro per—meaning on his own.

Stages of a Federal Trial

After a defendant is arrested, bail is set.

An arraignment comes next. The arraignment is an occasion for the judge to read out the charges, ask whether the defendant intends to retain private counsel or wants the services of the Public Defender’s Office, and asks for a plea to the charges.

Next is the preliminary hearing, where the judge determines if the prosecution has met its “burden of persuasion”—meaning enough evidence to make the defendant stand trial. Capital crimes require a grand jury, not a judge, to make this decision.

After that there is a hearing called the pre-trial hearing where, typically, the prosecution and the defense file motions, such as motions to suppress evidence, to dismiss some or all the charges, or to allow (or object) to testimony.

Then there is the trial itself. Just as on TV, there are opening statements on sides, evidence presented, witnesses examined, and closing statements.

Finally, there is the sentencing hearing where both parties argue for minimum or maximum terms, with the defense pointing out mitigating factors and the prosecution pointing out aggravating factors. In the federal courts, the defendant is allowed an “elocution” or hearing between the defendant and the judge, without counsel.

For a free confidential consultation,  contact the Law Offices of Douglas Slain online, FEDERAL CRIMINAL DEFENSE LAWYER IN NORTHERN CALIFORNIA AND THE NINTH CIRCUIT, or call toll-free 888-998-5558.