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, trail 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.
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 trail and what evidence is admissible during trial.
Trail 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.
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.
Here are some ways a state criminal case will differ from a federal criminal case:
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.
Federal district court judges have far less 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.
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 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.
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.
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.
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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