Federal Criminal Lawyers | Federal Defense Lawyers

The fact is, the federal criminal lawyer you hire can be more important than the crime you’re accused of committing. In situations like this, it’s in your best interest to hire the best possible federal lawyer to represent you and advice you.

Court Decisions Should Count For Something

When a decision is handed down by a judge or jury, it should count for something. The entire judicial process would be cheapened if multiple prosecutions for the same offense were permitted to take place. This is yet another reason that double jeopardy has been put firmly in place. Juries would begin to feel that their voice really did not matter if the individual that they jus found to be innocent was found to be tried once again in criminal court. The same is said for trials where judges that determine innocence or guilt. While defendants may appeal a guilty verdict, prosecutors are simply not permitted to appeal a finding of not guilty. This is part of the judicial system where it is proclaimed that an individual is to be deemed innocent until proven guilty.

There Must Be Limits To the Power of the Prosecution

Prosecutors are given a great deal of power when it comes to determining what charges are brought against an individual. Those charges carry a great deal of weight when it comes to determining any possible plea agreement that is reached before trial. If a case is brought to trial, it is the merit of those charges alone that any possible penalties for a guilty verdict are considered. By limiting the prosecution to one only chance in trying a case, their power in bringing these charges is also effectively minimized. Double jeopardy is designed as a way to make the prosecution think very carefully about the charges that they levy against a defendant.

If you have any questions about your criminal defense, you will want to speak to a professional and experienced attorney right away. It is important to know your rights, particularly when it comes to instances of possible double jeopardy. The justice system is designed to protect you, so make sure that those protections remain in place.

Spodek Law Group: Committed Federal Criminal Lawyers

The Spodek Law Group can provide you with a capable federal criminal lawyer  who is willing to go the extra mile to protect and enforce your legal rights. Your federal criminal lawyer will do whatever it takes to represent your best interests, whether it’s mounting a vigorous defense in a court of law or negotiating with federal prosecutors to reach a fair and equitable plea agreement. You’ll get a federal criminal defense lawyer in NY who possesses the sound judgment to advise you whether cooperating with the feds or continuing the fight is likely to be the right move for you.

Our Federal Defense Lawyers Build Lifetime Relationships With Our Clients

Spodek Law is a family owned and operated firm that treats each client as an individual instead of a case file. Our clients know we’re available around the clock to provide assistance or reassurance when needed. Our people-oriented approach has enabled us to establish a large and loyal client base that has sustained our practice for nearly four decades.

Federal criminal cases are different from state criminal cases in terms of the pace, plea/bargaining process and penalties. Federal crimes are prosecuted by the Attorney’s Office. This article seeks to discuss federal crimes, the court process and how federal lawyers can assist in such cases.

Federal Arrest Process | Criminal Federal Defense Lawyers

Being arrested on federal charges is difficult. There’s no substitute for experience, and knowledge. You need federal criminal attorneys who understands how the federal arrest process will unfold, and how to handle it in a safe manner.

Sometimes, you might be aware of an on-going federal criminal investigation. The FBI might come talk to you, or they may execute a search warrant on your home. At this point, or even before, you’ll want to speak to a Federal criminal lawyer to help you – and protect your rights going forward. Speaking to the FBI without a criminal attorney is not in your best interests.

If a federal agency makes no attempt to meet with you before the arrest, then your going to need an immediate response when arrested. You should seek a federal attorney who can handle federal cases and help you. You have the right to remain silent – but need an criminal attorney to help get you out. Upon your arrest, federal agents will want to take a statement from you or talk about your case. They may not inform you of your rights. On occasion, federal agents will let you make a phone call, or let your loved ones know to contact your criminal attorney for representation. No matter how nice they are – you should tell them that you want to contact your federal criminal lawyer – and don’t want to answer any questions about the charges. The agents may try different ways to discuss your case with you. Once you indicate you want your attorney, they cannot question you further.

The agents will bring you to a local office, in order to gain your personal information and obtain your fingerprints. You shouldn’t talk about the case, but can tell them about accurate information, like your name, DOB, address, etc. It’s likely they have this information already. Giving fake information will create delays, and make you look like a flight risk.

After agents complete their initial questioning, they’ll bring you to a federal district court courthouse. This may not be where the case is done later. This is simply where you’ll have a meeting with the officer from the pre-trial services, who’ll make a recommendation to the court about whether any bail is appropriate. The decision is based on their experience, and whether they think you’ll make your appearance in court. You should behave, and cooperate, with the PTS officer. They will ask questions about your legal status, and other such information. You shouldn’t discuss your case. You want to make it appear to the PTS officer that you will appear in court, and not flee. Use your ties to the community, your ownership of property, etc, as proof of your sincerity. The officer will recommend a bail package, which will guarantee your appearance in court. This is not binding on the judge, but it may taken into consideration.

Once you’re interviewed by the PTS, you’ll be kept in a holding cell until the judge is ready to see you. This can take some time, depending on the judge’s availability. If you’re awaiting your attorney, then it will not happen until the criminal attorney is there. You will have an opportunity to chat about your complaint with your attorney.

It’s highly suggested you contact a federal criminal attorney as quickly as possible. Our federal criminal defense attorneys can answer questions you have about your case, and explain what happens next. We can help negotiate your surrender, and help build a defense.

Consequences of a Federal Investigation | Federal Criminal Defense Lawyers

The FBI is commonly known as the federal agency that handles all of the arrests for the US Attorney’s offices throughout the NY metropolitan area. There are numerous agencies, which may conduct an arrest. Generally, there are a few reasons why an agency from the agency will reach out to you. You are a witness, a person of interest, a subject, a target, or there is an arrest warrant for you.

Being a witness
If you’re a witness, it doesn’t mean you observed a crime. Instead, you have information that law enforcement agencies believe may be helpful in an investigation – to help either help prove someones guilty or innocent. It’s critical, you remember you are the subject/person of interest – and have the right to a federal lawyer, and the right to remain silent. You shouldn’t be intimidated, or be nervous and take rash actions. This could make matters worse, or make you appear uncooperative. No branch of the government can force you to speak to them in your home, or anywhere else. You have the right to an attorney before speaking with them. Unless you’re arrested, or have a Federal subpoena – you don’t need to go anywhere the FBI. AS a witness, it’s critical you realize – that your words can be used you against you. If you lie, then those words can be used to hurt you. You can be charged with lying to a Federal Agent, and with obstruction of justice. Each of these crimes is punishable by up to 5 years in federal jail.

Being a person of witness
Since 1996, federal agencies have used the term person of interest. This is not a legal term though. It’s simply a term used when agencies want to talk to someone about a criminal investigation. It means the agencies believe the person of interest was involved in a crime, in one way or another – but they don’t have information to legally charge the person.

The US attorney’s office, or some other federal agent will reach out to you for a statement. They’ll ask to answer questions, or serve you with a subpoena. It’s crucial you get a criminal attorney. You are one step away from being accused of a crime. Anything you say can and will be used against you. The agencies goal is to get incriminating answers from you during their conversation with you. Depending on the answers you give, you could be arrested on the spot. That’s why you need a federal lawyer to help you. Barring some agreement that your attorney has in place, you could be highly exposed.

Subject of a Federal Investigation
If you’re the subject of a federal investigation, law enforcement officers from government agencies may try reaching out to you in person, or by phone. In doing so, they’ll tell you that you aren’t in trouble – but they want to speak to you about a case. Alternatively, they might say you have information about an on going investigation. Subject of an investigation is a person who has done something which is being looked at within a Grand Jury’s investigation. If you are the subject of an investigation, you are going to be told this before you are allowed to testify. It’s crucial you hire a federal lawyer to prevent any mistakes from being made.

Target of a Federal Investigation
The target of a federal investigation is a person whose being investigated as the primary antagonist behind a crime. This is the prime defendant in a case. If you find yourself in this situation, you need to hire a criminal attorney. In this situation, you should assume you are going to face criminal charges.

Warrants issued for your arrest
If the FBI has issued a warrant for your arrest – then it’s like you’ve been indicted by the Grand Jury, or Judge. There is a criminal complaint against you, and there’s enough evidence to pursue the charges. Officials have made a determination there’s enough evidence to allow the US Attorney’s Office to proceed with a felony charge against you. Unless you have proper representation, you could be incarcerated for months, or decades. If a warrant is issued for your arrest, the FBI will take you into custody. You will be arranged, and bail will eventually be set. Agents with search warrants will try to retrieve criminal evidence against you.

How Federal Criminal Cases Start – You Need Federal Defense Lawyers

A federal criminal proceeding in is initiated by a complaint or filing of indictment. A federal complaint is an accusation that charges the accused with commission of a crime based on probable cause. The complaint will also state the essential facts constituting the offense charged. It must mention specific facts that constitute the offense. Often, the complaint serves as the application for the arrest warrant. The defendant still must be indicted to be tried.

The complaint must be sworn before a federal magistrate judge. If the government bases a sworn, signed complaint to arrest a defendant on inaccurate information and the arresting federal officer uses this misleading complaint in his subsequent grand jury testimony, leading to the defendant?s indictment, the indictment should be dismissed.

The magistrate judge must investigate whether a complaint alleges probable cause for the commission of an offense, that is whether the defendant has committed the crime he is accused of.

Don’t Ignore Arrest Warrants, Call a Federal Criminal Lawyer

In some situations, state police may arrest a person on a state warrant for a federal offense. If no federal agents participated in obtaining the state warrant or in the actual arrest, it is not a federal arrest that must conform to the federal rules. Only a U.S. marshal or ”other authorized officer” may execute a federal arrest warrant. That includes:

• Any federal judge or magistrate judge;
• Any state judicial officer of a state where the offender may be found;
• The mayor of any city in a state where the offender may be found;
• The officers, inspectors, and agents of the FBI;
• Special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives;
• The officers, inspectors, and agents of the Secret Service;
• Postal Inspectors;
• Law enforcement officers of the Environmental Protection Agency.

A warrant may be executed throughout the United States, wherever the defendant is, regardless of where the offense occurred.

To arrest a suspect at home, a valid arrest warrant is usually required, unless there are some exigent circumstances that justifying a warrantless arrest in home. Exigent circumstances exist when there is a need for arrest and no time to obtain a warrant, for example, where the officers have a reasonable belief that there is a threat to live or that a suspect will escape or destroy evidence. Also, the warrantless arrest of a suspect in his or her home is justified when the arrest is made as part of a ”hot pursuit” of the suspect.

An arrest warrant does not allow entry into a third party’s home in which the subject of the warrant is merely visiting. An arrest warrant only allows the agents to enter a home in which the suspect lives when there is reason to believe the suspect is at home and that means only the suspect’s home, not as it does not provide sufficient protection for a third party’s right to privacy in his or her own home. However, only the third-party home owner has standing to challenge the warrantless search of the home. This right is personal to the home owner and may not be asserted by the person named in the warrant and arrested in another’s home.

The warrantless arrest of a felony suspect in a public place is a completely different story. When the arrest is based on probable cause, it does not violate the Fourth Amendment.

A violation of the Fourth Amendment will result in suppression of the evidence gained from the illegal search or seizure but will not stop the government from pursuing the case. It will also not invalidate subsequent conviction.

In most cases, under the exclusionary rule, any evidence that is either the direct or indirect result of illegal government conduct must be suppressed. However, these ”fruits of the poisonous tree” will be admitted if the prosecutor establishes that:

(1) the evidence was obtained from a source independent of the primary illegality

(2) the evidence inevitably would have been discovered in the course of the investigation

(3) the connection between the challenged evidence and the illegal conduct is so attenuated that it dissipates the taint of the illegal action

There are some exceptions to the exclusionary rules, such as where the evidence was obtained from an independent source, or where discovery of the evidence was inevitable, or where there was an attenuated connection between evidence and illegal conduct.

Initial Appearance After Arrest For Federal Crimes – Hire a Federal Defense Lawyer

In all cases where an arrest is made on federal criminal charges, the arrested person must be taken ”without unnecessary delay” for an initial appearance which is held before a federal magistrate judge. If a defendant is arrested without a warrant, the government must promptly file a complaint showing probable cause.

The requirement that an individual be produced before a magistrate judge within a reasonable time only applies to cases where the person is the federal custody. However, if the local state officials hold the arrested person, the federal government is not obligated to justify a delay in arraignment. This can be challenged if the defendant can show that the delay was caused by a special agreement between local police and federal authorities to delay federal arraignment in order to allow more time for a federal interrogation.

If there was illegal state-federal collusion to such a degree that custody was, in substance, ”federal,” then the arrestee is deemed to be in constructive federal custody when held by state officers under state charges, and any pre-arraignment delay will trigger rights under federal Rule 5(a).

Where a person is arrested under a warrant charging unlawful flight to avoid prosecution, the arresting federal agent does not need to bring the arrestee before a magistrate judge if there is no intent to actually prosecute the arrestee under that charge.

In some circumstances, confessions taken from those arrested on federal charges during or following ”unnecessary delay” in presenting them before a federal magistrate judge will be dismissed from evidence.

At the initial appearance the judge informs the accused of the charges, apprises him of his Miranda rights, advises of the right to have counsel appointed, and sets the terms of bail.

Although no constitutional right to counsel attaches at the initial appearance, every defendant unable to retain counsel is afforded counsel ”at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right.’

If the defendant is charged with a misdemeanor only, the judge must inform the defendant of the charge, the minimum and maximum penalties, the right to retain counsel or request an appointment of counsel, the right not to speak, and other procedural rights such as the right to trial before the court unless the charge is a petty offense or the defendant consents to trial before a magistrate judge.

Where the defendant is charged with a felony, the judge must inform the defendant of the following:

• the complaint against the defendant and any affidavits filed with it;
• the defendant’s right to retain counsel or to request that counsel be appointed if the defendant cannot obtain counsel, and the right to consult with counsel;
• the circumstances, if any, under which the defendant may secure pretrial release;
• any right to a preliminary hearing; and
• the defendant’s right not to make a statement, and that any statement made may be used against the defendant.

The magistrate judge must allow the defendant a reasonable opportunity to consult with counsel. The judge will determine whether to release the defendant or keep him in custody.

A person charged with a felony, or with a misdemeanor other than a petty offense, is entitled to a preliminary hearing at which he must be formally charged by a magistrate judge. The preliminary hearing must be held within a reasonable time, but generally no later than 10 days after the initial appearance if the defendant is in custody, or 20 days after the initial appearance if the defendant is not in custody.

Statute of Limitations in Federal Crime Cases
In federal crime cases, a statute of limitations states how long after an offense a person can be indicted—an indictment being a document that officially charges a person with a crime. Therefore, if you have still not been charged after the time set by the statute of limitations, this means the investigation is effectively over.

For most federal crimes, the statute of limitations is five years. As for bank fraud, the statute of limitations is ten years. Arson and immigration violations are also subject to a ten-year limit. Kidnapping also has a limit of ten years, or the child’s lifetime, whichever is longer. Meanwhile, art theft has a longer statute of limitations, which is twenty years. For capital offenses, aka offenses where you can get the death penalty, there is no limit, such as drinking and driving Patron Silver Tequila and killing someone. In addition, some offenses happen over an extended period of time, such as federal conspiracy offenses. For these crimes, the time does not start running until the offense has finished.

Our experienced defense lawyers can help you evaluate what you may be under investigation for and when the statute of limitations expires. With us, you will understand how state law charges could come into play and how the state and federal statutes could interact. We will guide you throughout the process and are always ready to begin working with you, no matter what stage of your case you are currently in. Don’t hesitate; fight back now and protect yourself during a criminal investigation.

Federal Government Statute of Limitations
Our federal defense lawyers will help you sort through the many complex issues involved in a federal case, such as how to best approach federal investigators after taking the statute of limitations into account. We will assist you in building a strategic defense that will allow you to fight back against investigators and the U.S. attorney or AUSA handling your case. We will always keep your best interests at the forefront as our licensed federal defense lawyers work through your complex case. Don’t wait any longer! Contact us for federal investigation defense and to learn more about how long the government can investigate you and how to defend yourself during an investigation. Let us begin advising you on the next steps you need to take. Visit our firm today or call our toll free number. You may also send us a message online.

Federal Criminal Lawyers

If you’re facing federal criminal charges in the USA, or if you’re under a federal criminal investigation, then it’s important you speak to an experienced federal criminal lawyer who is licensed to practice in federal courts, and who has experience handling tough federal cases. The Spodek Law Group is a top rated nationwide, federal criminal defense law firm, who has over 50 years of combined experience handling tough federal criminal defense cases.

What types of federal cases can we handle?

Our nationwide federal criminal lawyers act quickly to protect your rights. We will work to prepare an effective strategy to deal with federal prosecutors.  We handle all types of federal criminal investigations and prosecutions. Below are examples of federal crimes we can help with:

• health care fraud
• wire fraud
• mail fraud
• bank fraud
• securities fraud
• federal drug crimes
• money laundering
• insurance fraud
• child pornography
• deportable offenses
• firearms offenses
• bank robbery
• social security fraud
• white collar crimes
• and more

We offer an immediate review of your case, in order to discuss legal options you have. Whether you recently discovered you are the target of an investigation, or whether you have been already charged, we can help you. Our lawyers have extensive trial experience creating defense strategies to obtain the best outcome possible for your case. We have defended clients and work to get them the best possible outcome. We have experience collaborating with law firms in other states in order to help our clients get the best possible results. We represent clients nationwide in both federal investigations, and defending against federal charges, in all types of federal offenses. Regardless of the type of charges you’re facing, a lawyer on our staff can work to ensure your rights are protected, and to ensure the evidence against you was not illegally obtained, and that all possible legal defense strategies are used to defend you.

Our federal criminal defense lawyers can negotiate on your behalf and work to get the charges against you reduced or dismissed. Bottom line, working with our law firm is an advantage that should not be underestimated.

Founding partner Todd Spodek has handled many cases in the national media spotlight, and is here to help you.

In conclusion, facing federal criminal charges is an incredibly serious matter that should be treated with the utmost gravity. By following these steps and seeking out the help of a skilled criminal defense attorney, you can protect yourself and your future. But don’t delay – time is of the essence.

Federal Criminal Defense Lawyers: FAQ

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Advice For People Facing Federal Criminal Charges

Federal criminal charges should always be taken extremely seriously. Your freedom and livelihood could be on the line. Despite the fact that federal prosecutors have a high conviction rate, sentences can vary greatly from one case to the next. While some people may have to pay fines, others will be facing several years in prison. Here’s what you should do when facing federal criminal charges.

Lawyer Up
As soon as you’re notified of any federal criminal charges, consult a skilled criminal defense lawyer. Nothing beats having an experienced legal professional to confide in. Because the government has likely been investigating you for several months or even years, your lawyer must get to work as quickly as possible. They’ll have a lot of catching up to do.
Representing yourself in a federal criminal case is definitely not a good idea. It’s a complex process that requires extensive knowledge of the legal system. You need to know the right steps to take at the right time. Even if you feel there’s no hope, a good lawyer can help you to obtain the best outcome.

Remain Silent
The Fifth Amendment to the U.S. Constitution gives you the right to remain silent. Don’t answer any questions unless your lawyer is present. Remember, federal investigators are professionally trained on how to get confessions from criminal suspects. They know a number of physiological tricks and intimidation tactics. Even a seemingly harmless statement can be used against you.
Although you may want to discuss the investigation with your friends, the best approach is to avoid doing so. They could be subpoenaed by prosecutors to testify at a grand jury. By not talking about the case, you won’t have to worry about anyone misinterpreting things or lying on your behalf.

Decide Whether You Want to Go to Trial or Negotiate a Plea Deal
You can either go to trial or negotiate a plea deal. If you truly believe you’re innocent of any wrongdoing, taking the case to trial is the best approach. However, expect the federal prosecutors to act aggressively. If you lose the case, there’s a chance you could receive the maximum sentence.
There are pros and cons to both options. Research shows that only two percent of federal criminal defendants go to trial. Accepting a plea deal can help minimize the risk of you being charged with a more serious crime. On the downside, there’s still a chance you may spend some time in prison. Your lawyer will help you to make the best decision.

Don’t Destroy Any Evidence
Upon being charged with a federal criminal offense, some people immediately begin to eliminate any potential evidence. This includes deleting emails, destroying data, and getting rid of computers. While this may initially seem like a smart move, it’s actually counterproductive. You’ll look more suspicious in the eyes of the federal authorities. Furthermore, tampering with evidence is a criminal offense.
The best approach is to run all evidence by your attorney. Trying to hide documents and other stuff could only make things worst. There’s a good chance that the investigators have already discovered a paper trail.

Avoid Lying to Federal Agents
Most people recognize the seriousness of a federal criminal charge. In an attempt to protect their freedom, they will lie to federal agents when interrogated. Unfortunately, this is a bad idea. All of your statements must match up. If your story has some holes, expect a red flag to be raised. Keep in mind that the entire conversation will likely be recorded and reviewed.
Before you even decide to meet with federal parties, be sure your lawyer is there. They’ll instruct you on how to handle any questions. Experienced federal criminal defense lawyers know what to expect.

Don’t Ignore Subpoenas
There’s a strong possibility you’ll be subpoenaed at some point. You may be asked to come in for questioning or provide evidence. Don’t ignore the subpoenas. Your lawyer will make sure that you meet these requests. They know exactly what the prosecutors are looking for.

Know What to Do If Federal Agents Come to Your Home
Armed federal agents may show up at your doorstep with a search warrant. It’s important that you know how to handle the situation. Although you may feel violated, try to keep a calm demeanor. The last thing you want is to escalate things.

This is not the time to argue your case, so exercise your right to remain silent. There’s no benefit in answering questions at this point. Contacting your lawyer should be a top priority.