FAQS

If you, a loved one or a friend are facing federal criminal charges, there are number of factors that need to be considered in hiring a good lawyer.  First off, you need a lawyer that is non-judgmental and that will give good advice based upon the cold hard facts and the law.  Hiring a lawyer is a very personal decision.  You need someone in your corner that will be honest with you, tough in court when necessary and thoroughly familiar with the federal criminal process.  You need to be comfortable that your lawyer is truly committed to giving you the best advice and defense possible.

In making the decision to hire a lawyer, it is important to keep in mind that what is presented on television or in the movies is rarely an accurate representation of what makes for a good lawyer in the “real world.”  For example, in the real world, lawyers that appear very theatrical in court are often very ineffective, this is especially true in federal court which can be a very somber forum.  Generally, what impresses judges and juries the most are lawyers that are well prepared, know the facts of the case and understand how to use those facts to their advantage under the existing law.  These are the attributes that will make a favorable impression upon a judge and jury. 

The federal system can be very formulaic in its operation.  Many defendants are surprised to learn about how rigid the sentencing guidelines are.  Although the sentencing guidelines are no longer binding on federal judges, most judges rely upon them in imposing a sentence.  A good lawyer will always educate his or her client about the risks associated with a federal criminal case.  If you don’t understand the risks, how can you make good decisions?  Simply put, you cannot.  Therefore, it is important when hiring a lawyer to have them explain how the process works and what type of “exposure” you might face if convicted. 

Because of how complicated federal criminal law can be, it is important to have an attorney on your side that really understands the process.  There are significant differences between federal criminal cases and state cases.  In federal court, written motions play a much bigger role than they do in state court.  Thus, it is important to have a lawyer that writes well and can make persuasive arguments to the court.  Federal judges pay close attention to written work product therefore it is important to have a lawyer that knows how to write motions that will resonate with the judge.  This requires being meticulous, careful in how arguments are presented in both substance and tone and thorough.   

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States.  With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients.  Call us today at (800) 712-000 for a free and confidential consultation.     

The United States Attorney represents the United States government in federal cases.  What this means in practical terms is that the United States Attorney prosecutes crimes that arise under federal law whereas a District or States Attorney prosecutes crimes under local or state laws.  A United States Attorney is appointed by the President of the United States subject to confirmation by Congress.  Each state has at least one United States Attorney’s Office (most states have two or more such offices) that are part of the United States Department of Justice. The United States Attorney only prosecutes cases in federal court.  There are times when federal and state laws may overlap in which case a person can be prosecuted in both state and federal court but this is pretty rare because often a decision will be made between federal and local authorities to have only one office pursue charges.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States.  With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients.  Call us today at (800) 712-000 for a free and confidential consultation.     

The answer is yes. In fact, it happens all the time. The government simply does not have enough resources to prosecute every crime. United States Attorney’s Offices frequently decline to prosecute cases presented by government agents from the FBI and other agencies. These decisions will often be dictated by national priorities set by the Attorney General of the United States as well as the resources available to each particular United States Attorney’s Office.

If you are the subject of a federal investigation, it is very important to understand that simply because a federal agent recommends your prosecution does not mean you will necessarily be prosecuted. This is where having a very skilled, adept and knowledgeable attorney on your side can help make a big difference. In fact, it can make a huge difference. Talking a United States Attorney’s Office out of proceeding on criminal charges is much easier than convincing the same office to drop charges. Once a person is indicted by a federal grand jury, it is difficult to convince a United States Attorney’s Office to drop charges. Remember this, if you’re the subject of a criminal investigation, it is extremely important to involve an attorney immediately at the outset.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

A federal crime is an act or omission prohibited and made illegal by federal statute which carries with it a penalty in the form of a monetary fine and/or potential incarceration. Federal crimes can cover activities involving many diverse areas such as firearms, narcotics, economic activities, taxes, banking, healthcare, immigration and intellectual property to name a few. Even statements made on government forms or lying to federal officers can be subject to criminal penalties.

Federal criminal statutes are generally written very broadly to cover a wide range of activities. This gives federal prosecutors wide latitude to charge a person under several different statutes for conduct arising under the same set of facts. Often, federal prosecutors are only limited by their own creativity in bringing criminal charges under statutes that are written so broadly they can cover a wide swath of conduct.

While most people think of the Federal Bureau of Investigation (FBI) as the main federal agency that investigates federal crimes, there are numerous federal agencies that have jurisdictional authority to investigate federal crimes. These include, among others, the Internal Revenue Service (IRS), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco and Firearms (ATF), the United States Secret Service, the Department of Health and Human Services (HHS), the Social Security Administration (SSA) and the United States Postal Service.

As mentioned, federal crimes are investigated by agencies such as those referenced above. Federal agencies and the agents they employ can only investigate cases and make recommendations to the United States Attorney for prosecution. The decision of whether to prosecute a person for a crime under federal law rests solely with the United States Attorney Offices spread throughout the United States and its territories. Thus, the FBI cannot prosecute anyone. It can only investigate. Prosecutions under federal law are conducted by the United States Department of Justice and each United States Attorney’s Office throughout the nation is a part of that agency.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

No. If an FBI Special Agent, or for that matter any other federal government agent, shows up at your home or workplace seeking to speak with you, you are under no obligation to speak with him or her. In fact, you should never speak to a government agent unless you have a lawyer present. Many people do not appreciate or understand that any misstatement made to a government agent, which the government later labels as a “lie,” can form the basis for a criminal prosecution.

Thus, if you chose to speak to a federal agent without an attorney present, you may be doing so at your own significant peril. Having an attorney on your side can be very valuable as the attorney can find out from the agent whether you are a “target” of an investigation or merely a witness. Keep in mind, however, that even a witness can turn into a target depending upon how the investigation develops. Therefore, it is always best to err on the side of being overly cautious and careful.

No reasonable federal agent is looking to build a case based upon coercion. Such conduct can lead to adverse professional consequences for the agent. Therefore, if approached by a federal agent with questions, always be polite and respectful and notify the agent that you will be happy to speak with him or her once you’ve consulted with an attorney. Most agents will respect that request and back off from further questioning.

To summarize, do not ever speak with a federal agent unless you’ve consulted with an attorney first. Statements you make can be used against you later in court proceedings and even form the basis for a criminal prosecution. The best adage to keep in mind here is that the “blubbering whale is the first to get harpooned.” So, never speak to a federal agent unless you first consult an attorney. Related to this advice, if you know that you’re under federal investigation, don’t speak to anyone else about it otherwise your statements could later be used against you as “admissions.”

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

An indictment is a written document setting forth formal charges against one or more defendants in a criminal prosecution. In the federal system, the government cannot charge a person with a felony (a crime punishable by death or imprisonment of more than one year) without first presenting evidence (documents and testimony) to a federal grand jury comprised of between 16-23 persons. If the grand jury determines there is a probable cause for the government to pursue charges against a person, it will issue a “true bill” which is basically an approval of an indictment presented to it by the federal prosecutor.

It is important to keep in mind that an indictment is not evidence of a person’s guilt nor can a prosecutor rely upon an indictment at trial as evidence of guilt. It is merely a charge setting forth accusations of criminal activity. Secondly, a federal grand jury does not determine guilt or innocence of a person. The grand jury merely decides if the government has presented enough evidence establishing probable cause to prosecute a person. If a grand jury determines that the government has not presented enough evidence to establish probable cause justifying accusing a person of a crime, it can return a “no bill” in which case the government cannot proceed.

Once the grand jury approves an indictment, it gets filed in court (just like a complaint in a civil case) and then the criminal case formally begins. An indictment can always be amended later to add additional charges. These types of indictments are called superseding indictments and, just like the original indictment, need to be formally approved by the grand jury. It is often the case that the federal prosecutor will add additional charges during the middle of the case.

The purpose of an indictment is to put a defendant on “notice” regarding the criminal charges he or she is facing. The United States Constitution, specifically the Sixth Amendment, requires this because a person has the right to be “informed of the nature and cause of the accusation.” The indictment does not need to set forth every detail supporting the government’s case only enough information to give an accused fair notice.

An accused can challenge an indictment and seek to have it dismissed if there are defects with the document such as it fails to provide sufficient details, fails to plead all the elements of the crime charged, alleges a crime that falls outside the statute of limitations, fails to set forth an actual violation of the law and several other reasons. While it is rare for an indictment to get dismissed it does happen on occasion and there are strategic reasons why a defense attorney may want to seek dismissal of an indictment even if it does not result in the case being terminated. Specifically, it can focus a judge’s attention on issues that may ultimately help the accused.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

The federal criminal process is fairly straightforward. There are generally not too many hearings before a trial unless an attorney for the defendant files various motions challenging the government. However, the motions that do get filed can have a powerful effect on the outcome of the case.

Once a prosecution begins (an indictment gets filed in court in a felony case), the pretrial process starts. The first major court hearing that will occur is the initial appearance or arraignment (this is where a defendant pleads “guilty” or “not guilty” to criminal charges) followed by a pretrial detention hearing. Often, these hearings are combined into one hearing. At the pretrial detention hearing, a federal judge will decide whether a defendant should be detained pending trial or released.

The judge will base his or her decision upon the factors enumerated under the Bail Reform Act of 1984. The main factors the court will consider are whether a defendant is a danger to the community or a flight risk. This is an area where having the right attorney can make a big difference. Being able to show the judge that you have significant ties to the community and that you have no reason to flee before trial requires gathering the right types of evidence and witnesses to make a persuasive case.

Following the pretrial detention hearing, the government is required to turn over “discovery” which is simply the evidence it intends to rely upon to present a case to the jury in order to obtain a conviction. A defendant has the right to this evidence so that he or she can review it and be prepared to present a defense at trial. Often, this discovery can include audio and video evidence. What happens following the government’s disclosure, including its failure sometimes to disclose all the appropriate evidence, can have a major impact on a case. This point cannot be overemphasized. Having the right attorney who knows what pretrial motions need to be filed is crucial.

For example, under the Fourth Amendment of the Constitution, you can challenge how the evidence was obtained. If it was illegally obtained, you can ask a federal judge to suppress it and not allow the government to use it at trial. Under the Fifth Amendment of the Constitution, the government cannot use your statements against you which were obtained in violation of your rights. Successfully suppressing the government’s intended evidence can kill a prosecution. Therefore, it is crucial to have an attorney representing you that understands this and knows which motions need to be filed.

With the right attorney who knows how to file the right motions, a defendant can successfully diminish the federal government’s case based upon suppressing statements and evidence that the government intended to rely upon in makings it’s case to a jury. What happens at the pretrial stage can have significant impact upon how a case is presented at trial. Thus, although the federal criminal process is fairly simple and straightforward, there are number of important things that need to be considered by any good defense attorney that can shape the ultimate outcome of any trial.

After receiving discovery and filing appropriate motions, a defendant can make the decision of whether to enter into a plea bargain or proceed to trial. If a defendant enters into a plea bargain with the United States, then a change of plea hearing needs to be held. This is where an accused changes his or her plea from “not guilty” to “guilty.” The federal judge must approve the terms of the plea agreement and, among other things, make sure an accused understands he or she is giving up important Constitutional rights, including a right to a jury trial.

If a defendant chooses to proceed to trial and make the government prove its case, instead of entering into a plea bargain, then a trial is heard before a 12-person jury of citizens chosen randomly from the judicial district in which the federal court is based. At trial, the federal prosecutor has the burden of proving beyond a reasonable doubt an accused’s guilt. In order to convict someone of a federal felony, the jury’s decision must be unanimous. If the jury finds the accused not guilty, then the person is free to go and the government cannot prosecute that person for the same crime again.

If a defendant is found guilty at trial or he or she has entered into a plea bargain which the federal judge has approved, then the case moves to the sentencing phase. It is important to note, a jury only determines whether a person is guilty or not of the crime charged. A jury never decides how much time a person must spend in prison if convicted, that is the job of the judge.

After the entry of a guilty plea or a finding of guilt by a jury, the United States Probation Office interviews a defendant, collects information pertaining to him or her and interviews crime victims and then prepares a formal report (called a presentence report) which is submitted to the federal judge assigned to the case. The judge will rely upon that report to impose a sentence upon the defendant. A defendant has a right to see the report before it is given to the judge and file appropriate objections to the report with the court.

At the sentencing hearing, a federal judge imposes a sentence. The sentence may include incarceration in a federal prison, a term of supervised release (no prison but supervision by a probation officer), the imposition of a monetary fine and/or an order directing the accused to pay victims if appropriate.
Once a sentence is handed down, a defendant may have the right to file an appeal. If the defendant is convicted by a jury, he or she definitely has the right to file an appeal. However, if the defendant entered into a plea agreement, then the agreement dictates whether an appeal is permitted.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

In both criminal and civil cases, there is a term that is used to describe the process whereby parties to a case learn more facts about the case in order to help them either pursue the case or defend against it. This term is called “discovery.” In civil cases, each side can engage in discovery from the other side. In criminal cases, an accused is not required to provide the government with any information (subject to a few very limited exceptions such as where the defendant is claiming insanity).

In federal criminal cases, because the government always has the burden to prove criminal charges beyond a reasonable doubt, only the government is obligated to provide discovery. In other words, the government is always under an obligation at the beginning of a criminal prosecution to provide the accused with information the government will rely upon to convict the accused (or which exonerates the accused). If the accused does not have this information, how can he or she properly defend him or herself? It’s not possible. Thus, discovery is a very important part of the criminal process.

In the federal criminal system, discovery is governed by three main sources of law: (1) Federal Rule of Criminal Procedure 16, the United States Supreme Court cases in Brady v. Maryland and Giglio v. United States and the federal law known as the “Jencks Act”.

Federal Rule of Criminal Procedure 16
The Federal Rules of Criminal Procedure apply to every federal criminal case occurring anywhere in the United States or its territories. The rules are intended to provide uniformity and ensure that defendants facing federal charges get the same rights no matter which federal court they are facing charges in. Thus, the same federal rules apply whether an accused is being prosecuted in Las Vegas, Los Angeles, New York City, Miami, Houston, Chicago, Phoenix, Anchorage or anywhere else.

Brady & Giglio
Both Brady v. Maryland and Giglio v. United States are landmark decisions rendered by the United States Supreme Court. In Brady, the Supreme Court stated the United States government has a duty to produce exculpatory evidence to a defendant. In other words, evidence that a jury could look at as being favorable to the accused on the issue of guilt vs. innocence. In Giglio, the Supreme Court extended the Brady decision to cover information that can impeach or undermine the credibility of government witnesses. In most criminal cases, this means a government agent or an informant. Thus, let’s say an informant was paid by the government. In that situation, an accused would have the right under Giglio to have a jury know this because it could impact the credibility of the witness. Similarly, if a government agent was previously disciplined, a defendant would have the right to know that because it could impact the jury’s view of the agent’s testimony.

Jencks Act
The Jencks Act is a federal statute that requires the government to produce any recorded statements of its witnesses pertaining to the witness’s testimony. The statute only applies to recorded statements. So, for example, in a tax fraud case if a whistleblower is called as a witness and the person was previously interviewed by government agents and that interview was recorded, the recording would have to be turned over to the accused.

In the federal criminal system, Rule 16, the Brady and Giglio decisions and the Jencks Act are the only sources of authority available to defendants when dealing with discovery issues. Given this fact, it is important that a defense attorney be thoroughly familiar with these sources and understand the government’s obligations to play fair and provide discovery in a federal criminal case. This often requires a defense attorney putting the government on notice early on during proceedings regarding its obligations and knowing when and how to seek enforcement from the court where necessary.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

A federal judge will rely upon a number of factors before imposing a sentence upon a defendant. In fact, the law requires it. Under 18 U.S.C. § 3553 a federal judge must consider the following factors:

1. The nature and circumstances of the offense;
2. The history and characteristics of the defendant;
3. The need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, to provide just punishment for the offense, to afford adequate deterrence to criminal conduct, to protect the public from further crimes of the defendant; and to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
4. The kinds of sentences available;
5. The need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct;
6. The need to provide restitution to any victims of the offenses committed by the defendant.

A federal judge has broad discretion to impose a sentence. In addition to these factors, a judge can also consult with the federal sentencing guidelines to impose a sentence. These guidelines are no longer mandatory but most federal judges still rely upon them to impose a sentence.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

There are two ways the government builds criminal cases, by interviewing witnesses and by getting documents. The main method for obtaining these types of information is through issuance of a subpoena. A subpoena can require an individual to testify before a federal grand jury or produce documents. Sometimes, a subpoena can require both.

Receiving a federal subpoena, especially in a criminal investigation, is a very serious matter and must be treated as such. Failure to comply with a federal subpoena in a criminal case can lead to being held in contempt by the court and can result in penalties including imprisonment. If you or your business are served with a subpoena in a federal criminal case, you should immediately consult with a lawyer.

A subpoena, especially one that may put you at risk of incriminating yourself, can be challenged before a federal judge. The judge can “quash” the subpoena or significantly limit its scope depending upon the circumstances. On related note, you never want to simply turn over documents to the government in response to a subpoena without first discussing the matter with an attorney. You could end up incriminating yourself or waiving certain important privileges.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

One of the favorite crimes federal prosecutors love is the conspiracy charge. The essence of a conspiracy charge is the agreement to commit an illegal act. The fact that an agreed upon act (i.e. murder) is not successfully carried out is of no consequence to the charge of conspiracy. The crime is the agreement itself.

To prove a conspiracy, federal prosecutors must prove 5 basic elements:
(1) two or more persons,
(2) intentionally,
(3) made an agreement,
(4) to violate federal law or defraud the United States and
(5) committed some overt act in furtherance of that agreement.

Many people facing federal conspiracy charges are surprised to learn they can be a defendant when they didn’t commit an overt act that was by itself a criminal act. In other words, even some of the most innocuous acts can form the “overt act” requirement to support a conspiracy charge. As mentioned above, the essence of a criminal conspiracy is the agreement itself and not the ultimate result.

Conspiracy cases, even more than other criminal cases, turn significantly on the facts involved. For this reason, it is very important to have a lawyer skilled and knowledgeable in defending conspiracy cases. This requires having thorough knowledge of the federal conspiracy statutes and the exceptions that apply that can make the difference between a conviction and an acquittal.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

The decision to cooperate with federal authorities is very complex and can implicate a range of issues. Sometimes there are significant emotional issues involved because cooperation might require you to testify against someone you know well. Cooperation is a very fact intensive decision and, at a minimum, it must provide you with a real benefit otherwise it needs to be carefully considered. If you do decide to cooperate, it can result in a range of potential outcomes from having all charges dropped to a significant reduction of any sentence. The key, however, is to have an effective advocate on your side that can push for the best deal possible.

At The Federal Defenders, our team of lawyers and investigators have worked with cooperators in the past, both in their capacity as former government lawyers/agents and on the defense side. When you hire The Federal Defenders, your interests always come first and cooperation is only an option if you stand to receive a significant benefit. In representing cooperators, our team knows how to present the government with compelling information to give our clients the best opportunity to obtain a favorable outcome. Cooperation is complex and the reasons to cooperate with federal authorities can require consideration of many different factors.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

If you enter a plea agreement with the government, you generally will not be charged with more crimes arising out of the same events/transactions that led to your prosecution in the first place. The exception to this general rule is if you committed more serious crimes the government is not aware of. For example, if you plead guilty to drug charges and agree to a stipulated sentence you could still be charged with murder if you were part of a drug deal that resulted in a murder and the government later finds out about it. In other words, in every plea agreement, the federal government always keeps open the option of more significant charges involving violent crimes that they do not otherwise know about. This, however, should not come as a surprise. Common sense dictates the government is not going to tie its hands to prosecuting a violent crime it does not know about.

A “plea agreement” is just a fancy term for a contract. When you choose to enter a plea agreement, you are basically entering into an enforceable contract with the federal government in a criminal case. This contract is enforceable in federal court. Under this contract, you give up certain rights (such as the right to a jury trial or an appeal) and the government gives up certain rights (such as the right to argue for a harsh sentence or charge you with similar crimes to what you are pleading to). Once you understand that a plea agreement is basically a negotiable contract, you understand how important it is to have an attorney that knows how to successfully negotiate on your behalf and to ensure the contract does not have loopholes that allows the government to bring additional charges.

When you enter into a plea agreement, you need to have confidence that your attorney understands the interplay between the agreement, the indictment, other activities for which you may not have been charged and how the sentence will be imposed. For better or worse, the federal system is basically a system of plea bargains. Very few cases go to trial because of the harsh outcomes that could result from a jury conviction. There has been a lot of scholarship dedicated to criticizing this system and the death of the jury trial in the federal criminal system but the fact remains that the overwhelming majority of federal criminal cases end with a plea bargain. Knowing this, it is extremely important that your attorney is a good negotiator and understands how plea bargains work.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

If you fought federal criminal charges at trial and got convicted, you can appeal your conviction to a United States Court of Appeals. Every state has a federal district court, in some states there are several such trial courts, but each region of the country has a federal appellate court. Sitting at the very top of the federal court system is the United States Supreme Court (which decides legal issues involving federal law, Constitutional issues and disputes between separate states). To learn more about the federal courts, click here.

The purpose of the federal appellate courts is to correct legal errors made in the United States District Courts (federal trial courts). An appellate court has the power to set aside a criminal conviction if it finds the jury or the federal judge below made a mistake. Setting aside a jury verdict is exceptionally rare. The more common basis for setting aside a verdict is because the federal judge below made a mistake in applying the law. Federal judges are essentially referees or umpires and, because they are human beings like the rest of us, they are capable of making mistakes. Thus, it is not unusual for appellate courts to find a federal trial judge made a mistake and reverse a decision. Even appellate court judges can mistakes which is why their decisions can be appealed to the United States Supreme Court.

Filing a federal appeal is a serious undertaking. It requires collecting and organizing all the evidence at the trial court level that supports the argument that an error occurred below and presenting it to the appeals court in an organized and persuasive manner. Following a conviction at trial and after a judgment has been entered, a defendant only has 14 days to file an appeal in a criminal case. This is an important deadline and the failure to adhere to it can forfeit the right to an appeal.

Apart from filing an appeal, and if the time for doing so has already come and gone, another option for seeking relief post-conviction is a habeas corpus petition filed pursuant to federal law 28 U.S.C. § 2255. This type of petition can be used to attack a conviction and sentence on different grounds including ineffective assistance of counsel. In making such a claim, you must be able to show that you received such ineffective assistance of counsel that the representation changed the outcome of your case. These are not always easy claims to make or win but with the right attorney who has a thorough understanding of federal criminal law, they are not impossible.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

Unfortunately, there are times when people are found guilty by a jury even though they were innocent of the crime charged. Had these people been able to present evidence of their innocence at trial they might not have been convicted in the first place. What can a person convicted of a crime do if he or she later discovers evidence of their innocence? The answer is they can immediately file a motion for a new trial.

Under Federal Rule of Criminal Procedure 33, a defendant can ask a federal judge to vacate a judgment and order a new trial if “the interest of justice so requires.” This is not a motion that is lightly granted. In order to convince a federal judge that such a motion should be granted, a defendant needs to show that there is “new” evidence that was not presented at trial which was significant enough that it might have changed the verdict rendered by the jury. “New” means that neither you nor your attorney knew about the evidence. If your attorney knew about the evidence but simply failed to present it, then you might have a separate and different basis for seeking a new trial, namely that your attorney was ineffective.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

Pursuing a federal appeal is a straightforward process. However, the work that goes into presenting a powerful and persuasive appeal is significant and can be very time consuming. In simple terms, a criminal appeal is simply a legal process whereby a person convicted of a crime challenges his or her conviction before a court of appeals. To be successful, the appeal has to show that some legal error occurred which violates the accused’s rights.

In the federal system, there are 13 federal courts of appeals spread across different geographic regions of the United States. These regions are referred to as circuits. Each circuit is comprised of various states and, in some cases, territories. For example, the United States Court of Appeals for the Ninth Circuit, the largest circuit in the country, hears federal appeals only from the following states: California, Washington, Oregon, Nevada, Montana, Hawaii, Alaska, Arizona, Idaho, Guam and the Northern Mariana Islands. If an accused is convicted in federal court in Miami, Florida, he or she would file their appeal with the United States Court of Appeals for the Eleventh Circuit. A person convicted in federal court in the United States Virgin Islands would file their appeal in the United States Court of Appeals for the Third Circuit. Puerto Rico, Maine, Massachusetts and New Hampshire are covered by the United States Court of Appeals for the First Circuit. These are just examples showing that different geographic regions are covered by different circuits.

Federal criminal appeals can take a long time to reach a conclusion. In most circuits, it takes at least one year before the court issues a ruling following the time the appeal is first filed. In complex cases in which there was a lengthy trial, it can take several years before a decision is rendered. Federal criminal appeals (as well as civil appeals) are governed by the Federal Rules of Appellate Procedure. Because these rules apply in every circuit court of appeals anywhere in the United States, there is uniformity in how they are applied and, therefore, the location of an accused’s lawyer doesn’t really matter. A court of appeals is going to make its rulings based upon federal law and rules not the location of the lawyer.

There are different standards that apply in courts of appeals regarding various decisions rendered by the trial court. Some standards are more strict than others. However, the key in every criminal appeal is showing that a legal error occurred that affects important and established legal rights. Not every decision made by a federal trial judge, even if reasonable people could disagree with it, is the basis for an appeal or constitutes legal error. An error has to violate legal rights in order for a court of appeals to render a favorable ruling.

The skills required to be a good appellate lawyer are very different from the skills required to be a good trial lawyer. In the appellate courts, the majority of decisions are based upon the written briefs filed in the case. For this reason, it is extremely important that an appellate lawyer be a good writer and understand the nuances of various legal decisions. Appellate courts do not conduct trials, only very short legal proceedings called “oral arguments” where lawyers for both sides get to make approximately 10-30 minutes of arguments. In many cases, the appellate courts dispense with oral arguments altogether and make decisions based simply upon the writings filed in the case. Therefore, it cannot be overemphasized that having an attorney that is a very good writer and researcher of legal issues is the key to having a successful appeal.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.

Because federal law is the same everywhere in the United States and federal courts are governed by the same rules of procedure, the answer is yes. At The Federal Defenders, federal criminal law is all that we do. We know the rules, we know the law and we know what it takes to win. With extensive experience on “the other side” as former federal prosecutors and investigators, we have the knowledge to give our clients a distinct advantage because we have the insight to know how the government brings cases.

This having been said, some of the best criminal defense lawyers in the United States have no government experience and never served as prosecutors. Simply being a former federal prosecutor does not make for a great defense lawyer. What does make the difference? The following traits are what matter the most: intellectual curiosity, passion, love for the law, competitive drive, strong sense of justice, common sense, relatability with a jury, strong communication skills and a healthy skepticism of government.

When you search for a lawyer to represent you in a criminal case, keep all of the above-referenced traits in mind. These are the common denominators that make for a good criminal defense attorney. And ask yourself some basic questions. If your case ends up before a jury, can your lawyer tell “your story” in a compelling, interesting and engaging manner? Does your attorney have the skills and experience to understand the nuts and bolts of federal criminal cases? Does your attorney have superior writing skills that are so essential to making strong and powerful arguments to a federal judge? These are the important questions to ask and ponder.

At The Federal Defenders we love what we do and we care about our clients. We never overpromise and underdeliver. We know how stressful a federal criminal case can be and the havoc it can wreak on you and your family. With all of this in mind, we always tell it to you straight. We let you know that we are part of one team seeking the best possible outcome. At The Federal Defenders we love to win. But winning doesn’t always mean an acquittal at trial which might not be possible. Winning means putting our client in the best possible position to get the best outcome based on the facts. Smart clients understand this. Our job is to tell you the truth so you can make informed and intelligent decisions. When you get The Federal Defenders, you get a team of lawyers and investigators ready to deliver over 100 years of combined experience, skills and knowledge to your benefit.

Headquartered in Las Vegas, Nevada, The Federal Defenders handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Federal Defenders know what it takes to win and achieve favorable outcomes for clients. Call us today at (800) 712-000 for a free and confidential consultation.