Best Schenectady Criminal Lawyers

Understanding Criminal Defense and Federal Criminal Charges

Potential Consequences of Criminal Charges

There could be many potential negative consequences that stem from being charged and convicted with a crime. You could face jail time, fines, and the loss of driving or voting privileges. In some cases, a criminal charge could lead to a job loss or a loss of reputation within the community. Therefore, you should hire a criminal attorney who will work as your advocate throughout the entire legal process.

The Role of an Attorney

An Attorney Can Be Your Spokesperson

If you have any sort of status in the community, a criminal charge may be big news. Even if you like talking to the media, it is generally a good idea to say as little as possible while a legal matter is being resolved. Your attorney will field media questions and provide suitable answers that won’t jeopardize the chances of obtaining an acquittal or some other favorable outcome.

Your Attorney Will Be Present During Questioning By the Authorities

There is a good chance that police detectives or members of the prosecution team will want to talk with you about the case. Your attorney will make sure that the questions are legal and that you only answer if it is in your best interest to do so. This can prevent the opposition from obtaining incriminating information that could be used to earn a conviction in the case. It is important to note that a defendant is never under the obligation to talk with authorities. Furthermore, a defendant is under no obligation to testify at a trial.

An Attorney May Specialize in One Area of the Law

If possible, try to find an attorney who specializes in one part of the law. This is ideal because he or she will be able to draw from the knowledge that he or she has of both the law and of precedent. Having the ability to refer to prior cases when making a legal argument can make it much stronger when presented before a judge or jury. Referring to prior rulings may also make it easier to have evidence suppressed or otherwise weaken the case that the prosecution is trying to make.

Criminal Law Professionals May Help to Negotiate a Plea Deal

In some cases, a favorable outcome means obtaining a plea deal as opposed to a full acquittal. It is also possible that you want to accept a plea instead of waiting in jail for weeks or months until your case has been resolved. While no one wants a conviction on their record, being released from custody as soon as possible may make it easier to provide for family members.

A plea deal can be negotiated in any type of case, and they are routinely granted in cases involving minor offenses. For instance, a marijuana possession charge may be reduced or expunged if you complete a drug treatment class or otherwise stay out of trouble for a certain period of time. They are also granted when the prosecution doesn’t think that there is enough evidence to win a case outright.

They Will Also Take Steps to Clear Your Name

There are many steps that could be taken in an effort to clear your name and obtain a full acquittal on all charges. These steps could include moving to have evidence suppressed or casting doubt on witness testimony during a trial. It may also be possible to question the credentials of those who conduct a chemical or other type of test used to charge you with a crime. Finally, an attorney may assert that a search or interrogation was conducted illegally, which would mean that all evidence obtained based on that tactic is considered to be obtained illegally.

You Are Always in Control

Although an attorney can negotiate a plea deal on your behalf, you don’t have to accept it. Your legal representative has a professional and ethical responsibility to provide a zealous defense regardless of his or her opinion regarding your decision to go to trial. However, it is important to know that a plea deal may not be on the table forever. It is possible that it gets removed or replaced with a worse offer after the trial starts. Regardless, your choices will always be respected, and it will have no bearing on the type of service that you receive.

Facing Federal Criminal Charges in Schenectady

Schenectady Federal Criminal Lawyers

State criminal charges and federal criminal charges differ in many ways. If you are facing a federal criminal charge in Schenectady, it is important to be prepared. With a federal criminal case, there are three steps, which are pretrial, trial or plea deal, and sentencing. It is vital to have a skilled Schenectady federal criminal defense attorney at your side from the beginning of the process to ensure that your rights are protected.

Pretrial

During pretrial, a defendant will be charged, and it will be determined if he or she will stay in jail or be released. If the individual is released, there will also be certain conditions that are mandated. The Assistant United States Attorney must present evidence regarding your case as well as pretrial motions on if the case should be taken to trial and what evidence is admissible during trial.

Trial or Plea Deal

If you make a plea deal with the prosecutor, the case will automatically go to sentencing. When the case goes to trial, the prosecution and defense must present evidence that proves innocence or guilt. Those who are found guilty will be sentenced, and there are certain instances where a skilled federal criminal defense attorney can persuade the prosecutor to dismiss the case.

Sentencing

The process for federal sentencing is complex. If found guilty, the court will follow the federal sentencing guidelines. This is a manual that establishes a range of prison sentences for each federal offense and for each person who is charged with a federal offense. It is important to note that these are only guidelines. A judge isn’t required by New York law to follow these guidelines when issuing a sentence for a federal charge. A judge can use additional factors to issue a sentence. For instance, a judge may look at your past history of criminal convictions and if any individuals were injured because of the crime. A federal defense attorney can help protect your rights and convince the judge to issue the lowest sentence.

Differences Between State and Federal Cases

Your Case Will Be Seen by a Federal Judge

A federal judge will be issued to federal criminal cases. There are two types of federal judges that are United States Magistrate Judges and United States District Judges. A magistrate judge will more than likely be the first judge you see when you are arrested. In addition, these judges also hear certain motions in federal criminal cases. A district judge is selected by the President of the United States, which is confirmed by the United States Senate. United States District Judges serve for life and are only able to be removed from their position by the Senate.

There are Different Prosecutors

Federal prosecutors are known as Assistant United States Attorneys. These prosecutors don’t have as many cases as state prosecutors, which means they have more time to devote to each case they are presented with. As a result, Assistant United States Attorneys are more aggressive and in-depth during investigations than state attorneys because they have more time to devote to each case. Unlike state prosecutors, federal prosecutors work more closely with investigators to adequately develop federal cases. Many people are charged with a federal crime after the prosecutors and investigators have had weeks to gather evidence against them.

Court Schedule

Federal district court judges have far fewer cases than state court judges. With state cases, many are scheduled for the same court hearing. In federal court, this is rarely seen. In most circumstances, a trial that is scheduled in federal court will be the only case that the judge hears on that date. Unlike state court, cases that are heard in federal court are not typically dismissed. This is primarily because the prosecutor has more time to prepare.

Bail

With state court, bail typically only involves coming up with the funds to post bail. However, in federal court, there are conditions that must be set before bail. An officer in a federal pretrial service office will be responsible for your supervision until the trial begins. In addition, you may also be required to undergo mental health testing and seek treatment if needed. If you have been charged with a white-collar federal crime, you may also be required to submit your financial records for review.

Penalties for Federal Crimes

What are the Penalties for Federal Crimes?

Federal offenses are classified by letter grades, which imposes the following penalties if convicted:

• Class A Felony: Life in prison;
• Class B Felony: At least 25 years in prison;
• Class C Felony: At least 10 years but no more than 25 years in prison;
• Class D Felony: At least 5 years but no more than 10 years in prison.

What are Federal Crimes?

According to Title 18 of the United States Code, the following are some offenses that are considered federal crimes:

• Assault
• Bankruptcy fraud
• Aircraft and motor vehicle crimes
• Drug trafficking
• Counterfeiting
• Firearm violations
• Extortion
• Armed robbery
• Mail, computer, and credit card fraud

How Our Law Firm Can Help

We are experienced attorneys who have extensive experience helping those accused of a criminal offense in federal court. The United States Constitution provides each individual in the United States with specific rights, and our legal experts can make certain your rights are protected throughout the legal process. We can determine if your rights were violated in any part of the investigation process or arrest.

If any of your rights were violated, we can help you take immediate action. Violation of your rights could involve an illegal search and seizure, illegally carrying out an investigation, or failing to inform you of your Miranda rights. If any evidence was taken by law enforcement officials illegally, there could be a chance your case will be dismissed. Contact our law offices today for a consultation with one of our federal criminal defense attorneys