Other Questions
Contents
- 1 Other Questions About Federal Criminal Defense
- 2 What Should I Do If I Receive a Federal Grand Jury Subpoena?
- 3 Understanding the Grand Jury Process
- 4 How Should You Respond?
- 5 What’s the Difference Between State and Federal Charges?
- 6 Jurisdiction
- 7 Types of Crimes
- 8 Penalties
- 9 Prosecution Resources
- 10 How Do I Choose the Right Federal Criminal Defense Attorney?
- 11 Experience
- 12 Track Record
- 13 Resources
- 14 Communication
- 15 Personal Connection
- 16 What Are My Rights During a Federal Investigation?
- 17 Right to Remain Silent
- 18 Right to an Attorney
- 19 Right to Privacy
- 20 Miranda Rights
- 21 What Should I Do If I’m Under Federal Investigation?
- 22 Stay Calm
- 23 Don’t Talk to Investigators
- 24 Preserve Evidence
- 25 Hire an Attorney
- 26 Be Discreet
- 27 How Long Do Federal Investigations Take?
- 28 Factors Affecting Duration
- 29 Statute of Limitations
- 30 What Are the Potential Penalties for Federal Crimes?
- 31 Common Penalties
- 32 Sentencing Guidelines
- 33 Mandatory Minimum Sentences
- 34 Can I Appeal a Federal Conviction?
- 35 Grounds for Appeal
- 36 The Appeals Process
- 37 Time Limits
- 38 How Can Spodek Law Group Help Me?
- 39 Our Approach
- 40 Our Track Record
- 41 Why Choose Us?
Other Questions About Federal Criminal Defense
At Spodek Law Group, we understand that facing federal criminal charges can be an overwhelming and confusing experience. As one of the premier law firms in the country, we’re here to provide clarity and expert guidance. If you’re on our website, it’s because you’re looking for the best legal representation possible. We’ve compiled answers to some of the most common questions our clients ask about federal criminal defense. Let’s dive in and address these important issues.
What Should I Do If I Receive a Federal Grand Jury Subpoena?
If you receive a federal grand jury subpoena, that means that you or someone you know or were affiliated with is the target of a federal criminal investigation by the Department of Justice. This is a serious matter that requires immediate attention.
Understanding the Grand Jury Process
Grand juries play a crucial role in the federal criminal justice system. They meet regularly to review evidence and determine if there’s probable cause to bring criminal charges. Some may meet every two weeks or every month depending on the criminal case-load that exists in their particular district.It’s important to understand that a “target” is a person as to whom the prosecutor or the jury has substantial evidence linking him or her to the commission of a crime. If you’ve been subpoenaed, you could be a target, a subject, or simply a witness in the investigation.
How Should You Respond?
When faced with a federal grand jury subpoena, you have three options:
- Comply
- Challenge
- Ignore
Let’s be clear: ignoring a federal grand jury subpoena is a dangerous choice. It can lead to serious consequences, including being held in contempt of court.Compliance is often the best course of action, but it’s crucial to do so under the guidance of an experienced federal criminal defense attorney. We can help you navigate this process, ensuring that your rights are protected and that you don’t inadvertently incriminate yourself.Challenging the subpoena is sometimes possible, but it requires careful legal strategy. Our team at Spodek Law Group has extensive experience in this area. We can assess whether there are grounds to challenge the subpoena and guide you through that process if it’s appropriate.Remember, when you’ve been defending clients for as long as we have, there’s no trick we haven’t seen, likely no tactics we haven’t countered and no strategy we haven’t circumvented many times before.
What’s the Difference Between State and Federal Charges?
Many people don’t realize that there’s a significant difference between state and federal criminal charges. Understanding this distinction is crucial if you’re facing legal trouble.
Jurisdiction
The primary difference lies in jurisdiction. State charges are prosecuted by the state in which the alleged crime occurred, while federal charges are prosecuted by the United States government.
Types of Crimes
Federal crimes typically involve:
- Offenses that cross state lines
- Crimes against the federal government
- Violations of federal law
Examples include:
Federal Crimes | State Crimes |
---|---|
Bank robbery | Burglary |
Tax evasion | Assault |
Wire fraud | DUI |
Drug trafficking | Shoplifting |
Penalties
Federal crimes often carry harsher penalties than similar state crimes. This is partly due to mandatory minimum sentences for many federal offenses.
Prosecution Resources
Federal prosecutors typically have more resources at their disposal than state prosecutors. They often work with agencies like the FBI, DEA, and Secret Service to build their cases.At Spodek Law Group, we have extensive experience defending against both state and federal charges. We understand the nuances of each system and can tailor our defense strategies accordingly.
How Do I Choose the Right Federal Criminal Defense Attorney?
Choosing the right attorney can make all the difference in your case. Here are some factors to consider:
Experience
Look for an attorney with specific experience in federal criminal defense. At Spodek Law Group, we have over 50 years of combined experience handling tough federal cases.
Track Record
Don’t be afraid to ask about an attorney’s track record. How many federal cases have they handled? What were the outcomes?
Resources
Federal cases often require significant resources. Does the law firm have the manpower and financial resources to mount a robust defense?
Communication
You want an attorney who will keep you informed throughout the process. At Spodek Law Group, we pride ourselves on our 24/7 availability and our commitment to clear, honest communication with our clients.
Personal Connection
You’ll be working closely with your attorney during a stressful time. It’s important that you feel comfortable with them and trust their judgment.Remember, when you choose Spodek Law Group, you’re not just getting an attorney – you’re getting a team of dedicated professionals committed to fighting for your rights and your future.
What Are My Rights During a Federal Investigation?
Understanding your rights during a federal investigation is crucial. Here’s what you need to know:
Right to Remain Silent
You have the right to remain silent and not incriminate yourself. This is protected by the Fifth Amendment to the U.S. Constitution.
Right to an Attorney
You have the right to have an attorney present during questioning. If you can’t afford an attorney, one will be appointed for you.
Right to Privacy
The Fourth Amendment protects you against unreasonable searches and seizures. Law enforcement typically needs a warrant to search your property.
Miranda Rights
If you’re arrested, law enforcement must inform you of your Miranda rights before questioning you.At Spodek Law Group, we’re committed to ensuring that your rights are protected throughout the investigation and legal process. We’ll be there to advise you every step of the way.
What Should I Do If I’m Under Federal Investigation?
If you suspect you’re under federal investigation, it’s crucial to take immediate action to protect your rights and interests. Here’s what we recommend:
Stay Calm
It’s natural to feel panicked, but try to remain calm. Panic can lead to poor decisions that could harm your case.
Don’t Talk to Investigators
Anything you say can be used against you. Do not speak to investigators without an attorney present.
Preserve Evidence
Don’t destroy any documents or delete any digital files. This could be seen as obstruction of justice.
Hire an Attorney
Contact an experienced federal criminal defense attorney immediately. At Spodek Law Group, we can guide you through this process and help protect your rights.
Be Discreet
Avoid discussing the investigation with anyone other than your attorney. Conversations with friends or family members are not protected and could be used against you.Remember, early intervention can often make a significant difference in the outcome of your case. Don’t wait to seek legal help.
How Long Do Federal Investigations Take?
The duration of a federal investigation can vary widely depending on the complexity of the case and the resources allocated to it. Some investigations may conclude within a few months, while others can last for years.
Factors Affecting Duration
Several factors can influence how long an investigation takes:
- Complexity of the alleged crime
- Number of individuals involved
- Volume of evidence to be reviewed
- Cooperation of witnesses
- Resources allocated to the investigation
Statute of Limitations
It’s important to note that most federal crimes have a statute of limitations of five years. However, some crimes, such as certain financial crimes or cases involving DNA evidence, may have longer statutes of limitations.At Spodek Law Group, we understand that the uncertainty of a prolonged investigation can be stressful. We work diligently to resolve cases as quickly as possible while still ensuring the best possible outcome for our clients.
What Are the Potential Penalties for Federal Crimes?
Federal crimes often carry severe penalties. The exact punishment will depend on the specific crime and the circumstances surrounding it.
Common Penalties
Some potential penalties for federal crimes include:
- Imprisonment
- Fines
- Probation
- Restitution
- Forfeiture of assets
Sentencing Guidelines
Federal judges use the Federal Sentencing Guidelines to determine appropriate punishments. These guidelines take into account factors such as:
- The nature of the offense
- The defendant’s criminal history
- Acceptance of responsibility
- Cooperation with authorities
Mandatory Minimum Sentences
Some federal crimes carry mandatory minimum sentences. This means that if you’re convicted, the judge must impose at least the minimum sentence specified by law.At Spodek Law Group, we fight tirelessly to minimize the penalties our clients face. We explore every possible defense strategy and, when appropriate, negotiate with prosecutors to secure the best possible outcome.
Can I Appeal a Federal Conviction?
Yes, it is possible to appeal a federal conviction. However, the appeals process is complex and has strict time limits.
Grounds for Appeal
Common grounds for appeal include:
- Legal errors during the trial
- Ineffective assistance of counsel
- Newly discovered evidence
- Misconduct by jurors or prosecutors
The Appeals Process
The federal appeals process typically involves the following steps:
- Filing a notice of appeal
- Preparing and submitting briefs
- Oral arguments before the appellate court
- The court’s decision
Time Limits
In most cases, you have 14 days from the entry of judgment to file a notice of appeal. It’s crucial to act quickly if you’re considering an appeal.At Spodek Law Group, we have extensive experience with federal appeals. We can guide you through this process and fight to overturn an unjust conviction.
How Can Spodek Law Group Help Me?
At Spodek Law Group, we’re not just another law firm. We’re a team of dedicated professionals committed to providing the highest quality legal representation.
Our Approach
When you work with us, you benefit from:
- Experience: With over 50 years of combined experience, we’ve seen it all. There’s no case too complex for our team.
- Resources: We have the manpower and financial resources to mount a robust defense against even the most serious federal charges.
- Dedication: We treat every client like family. Your case is our top priority, and we’ll fight tirelessly for the best possible outcome.
- Communication: We’re available 24/7 to answer your questions and keep you informed about your case.
- Strategy: We develop customized defense strategies tailored to the unique circumstances of each case.
Our Track Record
We’ve successfully defended clients against a wide range of federal charges, including:
- White collar crimes
- Drug offenses
- Cybercrime
- Tax evasion
- Fraud
Why Choose Us?
When you’re facing federal charges, you need more than just a lawyer – you need an advocate, a strategist, and a fighter. That’s exactly what you get with Spodek Law Group.Remember, when you’ve been defending clients for as long as we have, there’s no trick we haven’t seen, likely no tactics we haven’t countered and no strategy we haven’t circumvented many times before.Don’t face federal charges alone. Contact Spodek Law Group today at 212-300-5196 or visit our website at https://www.federallawyers.com. Let us put our experience and dedication to work for you.In conclusion, facing federal criminal charges can be a daunting experience, but you don’t have to go through it alone. At Spodek Law Group, we’re here to guide you every step of the way, from investigation through trial and appeal if necessary. We hope this article has answered some of your questions about federal criminal defense. Remember, knowledge is power, and understanding the process can help you make informed decisions about your case.