When It comes to a federal crime, you want the most experienced attorney handling your case. The difference between a good lawyer and a lackluster one can mean jail time or freedom. You don’t want a lawyer that just quotes the law; you need someone that has experience in defending clients facing federal charges. The goal is to get the charges thrown out or reduced, and when it comes to courtroom battles, practice makes perfect. No one wants to be a practice case. You want a top lawyer with sharp skills and a keen sense of the law.
It takes years of practice and working on hundreds of felony cases to form proper defense techniques. You want a lawyer that has a proven track record for success. Federal crimes include, but are not limited to, identity theft, computer hacking, drug trafficking, cyber terrorism, and blackmail. When you have a skilled lawyer on your side, you can sleep easy knowing that someone is taking care of everything for you.
Understanding the Difference Between State And Federal Courts
If you are suspected of committing a federal crime in Binghamton, then you most likely be charged through the Federal courts. These courts hand down more severe punishments and being accused by the Feds is a serious matter. A Federal matter is not the same as being charged by the state. An attorney that has knowledge of federal crimes can make a motion to move the case out of federal court and into the state branches.
The Steps in A Federal Case
The legal process provides various steps that each case must follow. The guidance of a lawyer with ample experience is vital. They can help you through these touch points and ensure that you get a fair trial. If you need help with federal appeals, our federal appeals lawyers can assist with this as well.
1. A Complaint Is Filled
First, a complaint is filed. It can be following an arrest, or the arrest can come after the party is served. It’s the prosecutor’s office that files this paperwork and issues the initial grievance. The prosecutor must document all the allegations and show proof that a crime was committed.
2. The Defendant Faces the Judge
Once an arrest has occurred, the defendant will appear before a judge. The court reviews all the evidence and makes sure there is significant evidence against the offender. If the paperwork is in order, the bond is set, and the party is informed of their rights. Getting an attorney, at this point in the case, is vital. A court can appoint an attorney to those who are indigent, but getting a proper legal defense requires retaining experienced counsel.
3. The Bond Hearing
A bond hearing is held within 72 hours after an offender is arrested. Depending on the crime, a person can be put on house arrest, be mandated to stay in a correctional facility, must pay a bond amount, or be released on their own recognizance.
4. The Federal Court Hearing
After the arrest, the Federal court will hold a hearing within ten days. During this hearing, it’s up to the prosecutor to show enough evidence that a crime has been committed. Also, the defense lawyer can use any evidence they have to show probable cause. After hearing both sides, the U.S. prosecuting attorney will either accept the complaint or elevate it to an indictment. The evidence collected is given to the grand jury to decide if the crime warrants being moved to a federal criminal case or remaining at the state level.
5. The Federal Arraignment
After being formally charged, an arraignment will occur. Al the charges brought against the offender is read, and the defendant learns of their rights. You will be asked to enter a plea of either guilty or not guilty. At this time, the court will set the case for trial.
The prosecutor may offer a plea agreement in exchange for information or to try close this case. It depends on the severity of the charges, and if there are any other parties, they are trying to apprehend. If the prosecutor and the defendant don’t reach a deal, the case will proceed to trial.
6. The Trial
During the trial, the prosecutor has the job of showing the court that the defendant is guilty beyond a reasonable doubt. If found guilty, the party will be sentenced. Depending on time served and the severity of the crimes, you can get probation, fines, jail time or a combination of all the above.
If you don’t agree with the verdict in your case, then you have a right to appeal. Your lawyer must file a Notice of Appeal to the court within ten days of being sentenced. Before taking any plea deals, it’s advisable to get proper legal counsel. You give up any rights to appeal to a higher court if you make a plea deal. A knowledgeable federal defense attorney is required to protect you during the plea bargain stage. There are no second chances once an agreement has been made.
Having Appropriate Legal Representation
The American Judicial system is complex for the average person to understand. States enforce criminal drug laws, but many times the federal government steps in too. Many jurisdictions seem to overlap a bit and require the agencies to work together to successfully prosecute. You can initially be charged at a state level and then your case may be elevated to the federal courts.
If you have been accused of breaking a federal statute or law, then you need a good criminal defense lawyer in Binghamton. If you have been convicted of violent crimes, drug trafficking, bank fraud, murder, rape or anything else at an advanced criminal level, then you need a good attorney to fight for you. A lawyer will need the crucial facts of your case and your circumstances to be able to adequately defend. Never go before a federal judge without appropriate counsel. It’s imperative for your record, and it could mean everything for the rest of your life.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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