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WHEN THE FEDS LEAVE A CARD
Are you facing possible Federal prosecution? If so, you need a Federal criminal defense lawyer in your corner.
If you have reason to believe that the U.S. Government is investigating you, here are the choices:
- Trust it is a bad dream. Ignore rumors. Hide under covers.
- Take charge of your situation. RETAINING AN EXEPERIENCED CRIMINAL DEFENSE LAWYER BEFORE AN INDICTMENT CAN SAVE YOU YEARS OF GRIEF and maybe even some money. This is one time in your life when it absolutely pays to be proactive.
- Tell yourself it was really a small matter and the feds don’t care
What is a Federal Crime?
Federal crimes have a federal element or connection that provides a rationale for the case to go before a federal judge, usually because the alleged crime occurred on federal property or (and far more likely) the alleged crime involved interstate transportation or communication, such as Internet pornography.
Federal indictments follow an investigation by a federal agency, such as the IRS, or Immigration, or the U.S. Attorney’s Office, also known as the federal prosecutor. Federal agencies investigate crimes that have a federal component or other grounds for federal jurisdiction.
A number of federal agencies investigate possible criminal activity and submit the results to the United States Attorney’s Office, usually to the field office of the U.S. Department of Justice headquartered in Washington, D.C.
Grand jury indictments follow investigations by, and conferring between, the agencies and the prosecutor’s office.
A successful defense against a federal indictment requires a lawyer with specific experience in the federal court system. Attorney Douglas Slain has tremendous experience in both California Superior Counts and Federal Courts.
How does this really work?
If you cannot be found guilty, you are innocent. Unfortunately, you often will need a lawyer to prove your innocence. Many of our clients assume it is the court’s function to see to it that they get a fair trial. The judges themselves very much want to you to get a fair trial but do not expect them to actually help you.
The court will allow your defense lawyer to cross-examine the government witnesses. The court will allow your lawyer to present your case so as to convince a jury that the government of the United States has NOT shown you to be guilty beyond a reasonable doubt.
But the court will also listen to the prosecutor and respect and take seriously (at least initially) the allegations the prosecutor is making against you.
You want a lawyer who has thoroughly investigated your case and filed the proper motions in a timely fashion; if not, your trial may not go well. The federal government has unlimited money to spend and no end of grim, earnest lawyers whose careers will benefit from your misfortune. You can be certain the prosecutor and his assistants will be prepared. This is not a time to be alone.
The prosecutor may have spent a year putting his case together before you even knew you were under investigation. The prosecution, in any event, will be prepared.
Why the Law Offices of Douglas Slain?
What is there to know about federal criminal law that is not known to 99% of lawyers who practice in state courts? Here are two of many illustrations:
- U.S. prosecutors have certain favorites in deciding which of all the thousands of cases they will prosecute. Right now mail and wire fraud statutes are used even when arguably inapplicable.
- Whether or not a statute is used to indict you, the prosecutor may use it to establish a legal basis to prove probable cause of a crime, which, in turn, can lead to an authorized search and seizure.
In two significant appellate decisions, the Supreme Court held that the federal sentencing guidelines were not mandatory and in fact were unconstitutional to the extent that they require a court to impose a sentence based on facts not considered a trial.
In short, a federal judge is NOT required to follow the federal sentencing guidelines. It is your lawyer’s job to convince the Court why you should be given a lesser sentence than the prosecutor demands.
Federal sentencing briefs, a specialty of The Law Offices of Douglas Slain, can be especially complicated and outside the competency of most state court attorneys.
Contact the Law Offices of Douglas Slain, or call 707-658-4437 to retain a criminal defense attorney.
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