Our firm has personally defended major federal criminal cases in multiple cities across the United States.  We defend any and all federal charges a person may face.  We are federal criminal defense lawyers who have handled cases in every district in the State of Texas.  Some of the typical cases we handle include, but are not limited to, drug trafficking offenses, medicare/medicaid fraud, unlawful weapons possession, computer crimes, public corruption, bribery, tax fraud, wire fraud, mail fraud, mortgage fraud, bank fraud, money laundering, and conspiracy to commit those crimes.  We offer free initial consultations for prospective clients. 

We personally fight and negotiate with federal authorities on all of the cases we defend.  Although most federal criminal cases are resolved by plea bargain, we are federal criminal defense attorneys who fight federal cases aggressively and keep our clients informed of every event that takes place in their cases.  Federal plea negotiating is largely dependent on the United States Sentencing Guidelines.  Outcomes are almost always determined by the Judge during a sentencing hearing.  In the past, our office has been able to secure probationary sentences for some of our clients when they were facing prison sentences.

We have experience representing people during every stage of the process in a federal case.  At the beginning of a federal criminal case, the principal actors are the U.S. attorney (the prosecutor) and the grand jury. The U.S. attorney represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews evidence presented by the U.S. attorney and decides whether there is sufficient evidence to require a defendant to stand trial.  We routinely help clients who receive subpoenas from federal grand juries.  Having a good federal criminal defense lawyer may help a person avoid being charged in a federal case.  We routinely represent clients who are targets of criminal investigations prior to them being arrested.  In some medicare/medicaid fraud cases for example, we have been able to successfully help clients avoid prosecution.

After a person is arrested, a pretrial services or probation officer of the court immediately interviews the defendant and conducts an investigation of the defendant's background. The information obtained by the pretrial services or probation office will be used to help a judge decide whether to release the defendant into the community before trial, and whether to impose conditions of release.  Most defendants in federal criminal cases are able to secure bail and are released on an unsecured bond.  We routinely represent people during detention hearings and some times negotiate bail conditions prior to our client's arrest.

At an initial appearance, a judge advises the defendant of the charges filed, considers whether the defendant should be held in jail until trial, and determines whether there is probable cause to believe that an offense has been committed and the defendant has committed it.  Defendants released into the community before trial may be required to obey certain restrictions, such as home confinement or drug testing, and to make periodic reports to a pretrial services officer to ensure appearance at trial.  Most federal courts will require a person accused of a federal crime to be monitored by a pretrial services officer.  A defendant may be monitored in his or her state of residence, even if it is different from the state in which the court is located.

The defendant enters a plea to the charges brought by the U.S. attorney at a hearing known as an arraignment.  At the initial arraignment, most defendants enter a plea of not guilty. Immediately following the initial arraignment, federal criminal defense lawyers are allowed an opportunity to investigate any possible defenses to the crimes charged.  A subsequent arraignment will be set if a defendant wishes to enter a plea of guilty.  Most defendants — more than 95% — plead guilty rather than go to trial. If a defendant pleads guilty in return for the government agreeing to drop certain charges or to recommend a lenient sentence, the agreement often is called a "plea bargain." If the defendant pleads guilty, the judge will schedule a hearing to determine the sentence at a later date. In most felony cases the judge waits for the results of a presentence report, prepared by the court's probation office, before imposing sentence. If the defendant pleads not guilty, the judge will proceed to schedule a trial.

Criminal cases include a limited amount of pretrial discovery proceedings similar to those in civil cases, with substantial restrictions to protect the identity of government informants and to prevent intimidation of witnesses. The attorneys also may file motions, which are requests for rulings by the court before the trial. For example, defense attorneys often file a motion to suppress evidence, which asks the court to exclude from the trial evidence that the defendant believes was obtained by the government in violation of the defendant's constitutional rights.

In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt. The standard of proof in a criminal trial is proof "beyond a reasonable doubt," which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

If a defendant is found not guilty, the defendant is released and the government may not appeal. Nor can the person be charged again with the same crime in a federal court. The Constitution prohibits "double jeopardy," or being tried twice for the same offense.

If the verdict is guilty, the judge determines the defendant's sentence according to special federal sentencing guidelines issued by the United States Sentencing Commission. The court's probation office prepares a report for the court that applies the sentencing guidelines to the individual defendant and the crimes for which he or she has been found guilty. During sentencing, the court may consider not only the evidence produced at trial, but all relevant information that may be provided by the pretrial services officer, the U.S. attorney, and the defense attorney. In unusual circumstances, the court may depart from the sentence calculated according to the sentencing guidelines.

A sentence may include time in prison, a fine to be paid to the government, and restitution to be paid to crime victims.  Probationary sentences are also possible in federal criminal cases.  The court's probation officers assist the court in enforcing any conditions that are imposed as part of a criminal sentence. The supervision of offenders also may involve services such as substance abuse testing and treatment programs, job counseling, and alternative detention options.

It is essential to have the representation of a criminal defense attorney experienced in handling federal cases during all of these procedures.  Having a skilled federal criminal defense attorney could be the difference between maintaining liberty and incarceration.

 

 
 
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