The federal government has its own court system, where the stakes are much higher. To protect your rights and your freedom, you’ll need a federal criminal attorney with the licensing and experience to work within the federal system. The federal court system’s rules and procedures are different than in state courts, and in most cases, federal offenses have harsher punishments, higher fines, and longer prison terms.
Federal criminal lawyers know just how high those stakes are, and they’ll thoroughly investigate the accusations against you and gather supporting evidence. From then on, we’ll build the strongest case possible and work as hard as we can to achieve a positive outcome.
When Crimes are Charged as Federal Offenses
Criminal acts are usually illegal under state and federal law, but you can’t be charged with both. In most cases, if you’re accused of an offense within the state, you’ll face charges at that level. However, some factors lead to federal charges, such as:
- Violations of federal statutes
- Committing crimes on federal property, such as within a national park or federal building
- Committing a state crime on federal property, such as a national park or military base
- Criminal activities that cross state lines
- Being investigated and arrested by the FBI or DEA
Whether you’re charged with a federal or state crime may be at the prosecutor’s discretion. Once you’re under investigation, though, it’s important to contact a federal defense attorney as soon as possible.
Common Federal Charges
Defense attorneys with federal experience can represent and defend clients against the following charges:
- RICO/racketeering: Generally, racketeering charges involve interference with legal commerce using threats and violence. RICO encompasses several offenses and allows criminal ringleaders to be charged for things they ordered others to do.
- Conspiracy: Under US code, you may face conspiracy charges if federal authorities gather proof that you and another person planned and took steps toward the commission of a specific federal offense.
- Drug crimes: Drug possession, manufacturing, trafficking, and selling are all federal crimes. However, simple sales and possession are usually charged under state law. When offenses involve trafficking allegations, the crossing of state lines, or large quantities of drugs, they’re more likely to be charged on a federal level.
- Federal DUI: If you’re driving in a national park, on a military base, or on federal property and your BAC is above the legal limit, you may be charged under multiple federal laws.
- Gun crimes: Along with state firearm offenses, there are federal charges to consider as well. Federal gun charges are often pursued aggressively, and a conviction may result in a long mandatory prison sentence.
Federal Court: The Process
Federal court processes are significantly different from state procedures. For a federal prosecutor to charge you with a felony, a grand jury must be called. The grand jury will review the evidence and decide whether you will be charged, and if they believe there’s probable cause, you’ll be federally indicted.
After the indictment, you will likely be arrested or you’ll turn yourself in. From there, you’ll appear in front of a judge, where you’ll learn which charges you’re facing. If the government is requesting pretrial detention or if the case involves charges with rebuttable presumptions, the court will set a detention hearing date. Next comes the discovery phase, where the defense and the prosecution request evidence and share information. At that time, your attorney and the prosecutor may negotiate for a plea deal. Always consult a federal defense attorney before making a plea agreement.
Contact a Federal Lawyer for Help
Whether it’s a misdemeanor or a felony, every federal charge should be taken very seriously. The best way to increase your chances of avoiding conviction is to work with an experienced and skilled federal attorney who will build a solid defense and protect your rights.
Boston Federal Appeals Lawyers
Oral arguments in appellate cases are poorly understood by most defendants. Most appeals are decided outside of the courtroom through back-and-forth communication between the judge or judges and the prosecution and defense teams. When oral arguments are heard in the appeal, the court follows a very formal process to decide whether the original verdict was legally sound.
These cases are often heard in historic courtrooms, and three judges sit at a high bench that’s located a considerable distance away from the prosecution and defense teams. Attorneys at appeals court address the judges with the utmost respect and never leave their podiums unless one of the judges grants them permission to do so.
How Oral Arguments Are Structured
The judges usually take some time at the start of the hearing to issue instructions on what is and what is not allowed. The amount of time allowed for oral arguments is strictly limited – usually between 20 to 30 minutes for each party relevant scheduled for oral arguments.
Sometimes, the judges allow attorneys and witnesses to make presentations, but many appellate judges simply ask questions. Judges might ask questions after a presentation if they want to clarify something related to the case. If your appeal makes arguments on multiple grounds, it’s important to prepare your case thoroughly in each area.
Judges won’t necessarily reveal which areas really interest them, so it’s critical to know your arguments for each point of your appeal. The oral arguments often can become lively, but don’t make the mistake of failing to offer respect to the judges. Judges will look negatively on arguments made from lawyers or witnesses who are ill-prepared.
It Could Take an Effort to Schedule Oral Arguments
Most appeals are handled administratively by the exchange of briefs. The judges will send any questions they have on the case in the form of a brief, and your lawyer will return a brief with your answer. Oral arguments are only held in about 20 percent of appeals, and that number is shrinking each year. The figure was at 40.1 percent just 20 years ago.
Unfortunately, the high costs and time constraints of scheduling appellate hearings have led to the decline in holding them. Busy judges can manage multiple cases each day by reviewing the legal briefs on them and coming to a consensus. Some judges admit that oral arguments seldom change their opinions after reading the briefs.
However, other judges and the American Academy of Appellate Lawyers disagree with the practice of reducing oral arguments. The judges that support increased oral arguments believe that it’s a necessary training ground to teach lawyers how to plan and execute appeals. The basis of the U.S. legal system is arguing in court face-to-face when disagreements arise. A healthy but argumentative oral culture is the backbone of the legal system.
Tips for Preparing for Oral Arguments in Appeal Cases
It’s important to know your arguments and begin any prepared statement with a clear and concise synopsis. You should be confident, accurate with facts and as succinct as possible. Other tips for appellate oral arguments include:
- Prepare opening arguments and a detailed plan of where the arguments might go.
- After making one argument, proceed immediately to your next argument.
- Always address judges as “Your Honor.”
- Respond to “yes” or “no” questions with the appropriate response, but you can then expand on the topic.
- If the bailiff displays a “Stop” card, you should stop speaking immediately.
Preparing your appellate arguments requires focusing narrowly on legal issues and not your guilt or innocence or challenges of the evidence. appeals are designed to cover legal and procedural issues.
Federal Criminal Defense Lawyer in Boston
Federal crimes are prosecuted in the federal court system, and this is significantly different from charges brought by a state prosecutor. Legal counsel is absolutely necessary for anyone facing criminal charges, but this is even more relevant to felony charges.
Understanding the different court systems can help you to appreciate the value of a federal
criminal defense lawyer. The U.S. Constitution provides the right to legal counsel for anyone charged with a felony crime; however, there is no guarantee that the lawyer will be matched in skill and experience against the federal prosecutor on the case.[1]
Federal and State Crimes
State attorneys prosecute the vast majority of crimes that are committed. These are the typical crimes that people see on the news, for example. They include everything from traffic violations to murder. Many state lawyers who handle these cases are swamped with work loads that leave them little time to prepare a convincing case.
This can open up an opportunity for an experienced
criminal defense lawyer to mount an effective defense. The outcome tends to favor the defendant. However, the situation is different at the federal level. The federal prosecutor has the resources and time necessary to prepare an aggressive case against you. The skills of your federal
criminal defense lawyer must exceed the efforts of the federal prosecutor.[2]
The differences between state and federal court systems are also significant. Even experienced state
criminal defense lawyers are ill-prepared to handle federal cases. The procedures for investigating crimes, making discoveries and filing motions are completely different in the federal court system.
The courtroom protocols are also different; the last thing you need to deal with is an inexperienced
federal criminal defense attorney who’s trying to figure it all out on your time. Our firm understands how important it is to enter the federal court system fully prepared to take on a tough federal prosecutor and prevail.
How to Hire a
Federal Criminal Defense Lawyer
The process of hiring a
federal criminal defense attorney is essential for anyone seeking an effective defense strategy. This means that your lawyer needs to develop a plan of action that is likely to prevail against any obstacles in the case. Hiring the first lawyer who responds to your inquiry is an inadequate course of action.
This can lead to costly mistakes or even a mistrial. Inexperienced attorneys often take cases in which they aren’t qualified to accept. They do this because they are looking to get experience, but this means that your case is the equivalent of their learning curve. Avoid this problem by simply reviewing the case history of the
criminal defense attorney you’re considering hiring.
Qualities of a Tenacious
Criminal Defense Lawyer
Communicating with your criminal defense attorney is central to the potential success of your case. There are various issues that might arise during these proceedings. The legal jargon is often confusing to people who are unfamiliar with the terminology. The role of the criminal defense attorney is to explain the situation in a manner that informs you while empowering good decision-making. The skills of the attorney can be assessed during the initial consultation.
Write down a list of the toughest questions you can think of regarding case law similar to yours. Contact our law firm, and ask the same queries that you posed to other attorneys. This is an effective way of ascertaining the actual competence of each
federal criminal defense lawyer. Hire the attorney who builds your confidence in the prospects of the case while earning your trust through hard work, research and legal insights.
Felony Charges in Boston
Defense lawyers have the responsibility to protect the legal rights of anyone charged with a felony in Boston. The federal prosecutors are experienced in all aspects of federal law, and they are interested in getting a guilty verdict. This system can be intimidating to average people who are unfamiliar with the mechanisms of these powerful institutions. Facing felony charges is a serious threat to your liberty, freedom and well-being; trust with your attorney is critical for prevailing in an adversarial legal setting.
Your
federal criminal defense lawyer is tasked with tipping the balance of power back in the favor of the defendant. The best leverage is the legal concept that you are innocent until proven guilty. The federal prosecutor has the burden of proving guilty beyond any reasonable level of doubt.
The goal of the
federal criminal defense attorney is to increase this burden until there is, in fact, reasonable doubt. This process can take extended periods of time because the federal courts tend to act slower than the state courts. Make sure you have a high degree of confidence in your legal representative. This will have to sustain your confidence for the duration of the case.[2]
Defending Felony Charges in Boston
Felony charges are serious, and the
defense lawyer must be adequately prepared to defend your rights in the federal court system. Sentences for felony convictions can be very severe. There is a sentencing manual published to give guidance for various felony offenses, and this can be referenced to see what kind of sentencing might be applicable in your case. [3]
Keep in mind that the
criminal defense lawyer is the best chance you have of getting these charges dropped or reduced. There is a lot at stake, so make sure to find the best
federal defense attorney for your specific case. Our law firm is committed to providing aggressive and tactful defense strategies for anyone charged with a felony offense in Boston. Contact our office today for a free consultation.
Citations:
[1] https://www.law.cornell.edu/wex/right_to_counsel
[2] https://fastlawpc.com/what-is-the-difference-between-state-and-federal-criminal-cases/
[3] https://www.ussc.gov/guidelines