Using a Federal Criminal Defense Lawyer

By Aaron Larson

Contents
The Federal Criminal System
Federal Criminal Investigations
Grand Jury Testimony
Federal Criminal Proceedings
The same general principles apply to hiring a federal criminal defense lawyer as apply to hiring any other criminal lawyer. It is highly recommended that any person hiring a lawyer to assist with federal criminal charges or grand jury proceedings retain a lawyer who has significant experience with the federal system.
The Federal Criminal System
The federal criminal system is in many ways like the state system, but it has some very significant differences. One difference is that the typical United States Attorney's office, responsible for prosecuting federal criminal charges, has significantly more time and resources to direct to any given prosecution than would a state prosecutor.
Federal prosecutors also typically have better academic credentials than state prosecutors, and many have a great deal of latitude in selecting the cases they wish to prosecute through the federal courts. Save for crimes which occur on federal land, those cases which fall exclusively to the jurisdiction of a federal prosecutor tend to be of an interstate nature, and are more likely than a state prosecution to be legally and factually complex.
As a result, federal criminal defense tends to involve cases which are more difficult to defend, and the cost of defense is often very high. In each federal jurisdiction there is also a Federal Defender's office, which can provide legal representation to indigent defendants.
Federal Criminal Investigations
If you are contacted by the federal authorities in relation to a criminal investigation, the first thing you must attempt to determine is if you are being contacted as a potential witness or as a suspect. The second thing you must determine is what statements you can safely make to the authorities without potentially falling into a trap, such as being charged with lying to federal agents. Consider for example the case of Martha Stewart, who was acquitted of any direct criminal wrongdoing but spent time in prison for making false statements to federal investigators.
A federal criminal defense lawyer can help you assess the nature and purpose of the investigation, and why you are being approached. While you should expect your lawyer to instruct you to provide honest answers to any questions from the federal authorities, your lawyer may be able to guide you around any potential traps or pitfalls. When appropriate, a federal criminal defense lawyer can be present during any questioning, act as an intermediary between you and the investigating authorities, or advise you to exercise your Fifth Amendment privilege against self-incrimination. If appropriate, a federal criminal defense lawyer may be able to work out a deal where you will cooperate with the investigation, in return for more favorable treatment when the investigation is concluded. In appropriate cases your lawyer may also be able to secure a letter of declination, in which the U.S. attorney formally declines to prosecute you in relation to a particular offense or investigation.
Grand Jury Testimony
When a person receives a subpoena to testify before a grand jury, as with an investigation, it is not always apparent whether the person is being subpoenaed as a witness or as a potential target for indictment. As with an investigation, a federal criminal defense lawyer can help a grand jury witness determine the likely purpose of the subpoena, how to avoid potential traps and pitfalls when providing testimony, or when to "take the fifth". The lawyer may also be able to work out a deal for immunity, or for use immunity (meaning that the testimony provided before the grand jury cannot be used to advance a criminal prosecution against the witness), in relation to the testimony.
Federal Criminal Proceedings
It is helpful during federal criminal proceedings to be represented by a lawyer who is familiar with the federal rules of evidence, federal rules of criminal procedure, trial procedure, and the federal court system in general. The lawyer should also be familiar with federal sentencing procedures, and with the recent Supreme Court rulings which affect sentencing. It helps to have a defense lawyer who is familiar with the U.S. Attorney's office which is handling the case, and ideally some familiarity with the federal investigative agency which spearheaded the investigation.
There is no such thing as a highly qualified federal criminal defense lawyer who dabbles in federal court matters. Lawyers either know federal criminal defense, or they don't. If you are involved in the federal criminal system, make sure your lawyer, or at least one of the lawyers who will be serving on your defense team, has extensive experience with the defense of federal criminal charges. As previously noted, federal criminal defense tends to be very expensive. You will be paying for specialized experience

source:
http://www.expertlaw.com/library/criminal/federal_criminal_lawyer.html

Tips for Finding the Right Criminal Defense Attorney

by Chris Robertson


If you or a loved one ever face criminal charges, there's no doubt that you will experience a tremendous amount of anxiety. And, in the midst of your distress, you'll need to select a criminal defense attorney. The urgency of your situation may hinder your ability to give careful consideration to finding the right attorney to represent you or your family member.
All practicing attorneys are educated in a variety of areas of law, and regardless of whether you live in Bothell, Washington or Ft. Lauderdale, Florida, all licensed attorneys will meet the requirements set forth by your state. That doesn't mean, however, that every attorney has experience in handling criminal defense. Here, then, are tips to help you select the criminal defense attorney that will best serve you or your loved one.
1. Look for a Team, Rather than an Individual
Although many law firms employ a business strategy that calls for assigning a single lawyer to each case, this is often not the best approach to criminal defense. For example, when the assigned attorney is working on another case, out of the office, or on vacation, you won't be able to reach her or him. In addition, since even an attorney with considerable experience isn't well versed in every situation, your case may suffer. Further, those who are prosecuting your case have a whole team of experts at their disposal; you should have a team on your side as well.
Ideally, you should select a law firm that works as a team. A former prosecutor and a former public defender, for example, would bring distinct perspectives to your case. In addition, the attorneys should have access to investigators and experts who will work on your behalf.
2. Look for Specific, Relevant Experience
Just as you wouldn't consult a mechanic if you needed your house painted, you shouldn't hire attorneys that focus on class action suits when you need lawyers who will mount your criminal defense. Find a law firm that concentrates on just a few types of legal matters, including criminal defense. For example, you might look for attorneys that have experience handling DUI, traffic ticket defense, probation violation hearings, and general criminal defense.
3. Get an Assurance of Trial Preparation
Often, criminal defense cases are plea bargained or settled out of court. Attorneys know this, so many law firms will agree to represent you but will never prepare for a potential trial. The result may be a cost savings to you, but such a move may cost you more in the long run. A law firm that prepares for trial is in a much better bargaining position than one that doesn't. When prosecutors know that your attorney is fully prepared to go to trial, you'll be more likely to get a favorable plea bargain or even to have your charges dismissed entirely.
4. Obtain the Fees in Writing
When you don't understand the basis for legal fees, or when an attorney charges by the hour with no limit in place, you can find yourself in financial ruin. On the other hand, you do get what you pay for when it comes to criminal defense matters. Find the balance between the quality of your lawyers and the fees they charge. The best way to do this is to find a law firm that operates on a fixed price (including a trial), and that openly provides their fee structure. Ideally, they should offer a free consultation, at which time they will fully disclose - in writing - all possible costs and fees associated with your case.
Chris Robertson is an author of Majon International, one of the worlds MOST popular internet marketing companies on the web. Learn more about Hiring a Criminal Defense Attorney or Majon's Law and Politics directory.
Article Source: http://EzineArticles.com/?expert=Chris_Robertson

How to Select a Criminal Defense Attorney

When charged with a crime, whether it be drunk driving, driving under the influence, drugs, fraud, assault, domestic violence, or any other charge, choosing the right lawyer for the case can be one of the hardest decisions of the experience. With all the emotions, stress and complications of being charged with a crime, however, it can also be one of the more important decisions. When selecting a lawyer to represent you, issues of ability, price, and experience are all important qualities to consider. Equally important, however, is the attitude that the lawyer and his or her staff have for you and your case.Criminal defense attorneys come with a variety of areas of expertise. Many attorneys not only handle the routine criminal defense cases, but many also concentrate on one specific area within criminal defense. For example, some may focus on violent crime defense, some may focus on rape defense, and others may have special knowledge of tax law or SEC investigations. Although no area requires that the lawyer be one who concentrates in that area, it can be very beneficial to find one that does have expertise relating to your case. With some cases, however, it can be difficult to find a lawyer that concentrates in that area due to a shortage of lawyers that choose to concentrate in some areas. Finding a lawyer who is willing to put in time to learn about your case and who is genuinely interested in your defense is an acceptable substitute in this situation.In areas where there are plenty of lawyers to choose from, the choice is not as clear. One must decide if they want someone who has well-established credentials and experience, or someone who is young and will make up for lack of experience with hard and dedicated work. Determine what types of qualities are important to you, and start from there.No matter which lawyer you choose, it is important to follow a few guidelines before you finalize your selection. Look at what legal organizations the lawyer belongs to. Belonging to the County and State Bar Associations should be a definite requirement. Membership to the National Association of Criminal Defense Lawyers, the State Association of Criminal Defense Lawyers, or to the ABA's Criminal Justice Section is a good sign that criminal defense cases are important to the lawyer in question. If he or she has held office in any of the organizations that he or she belongs to, that is an even better qualification.Once you have a few candidates, make arrangements to meet the lawyer to decide if he or she has the skills to handle your case. Having a good relationship with your lawyer is important, so if you do not get along well, chances are the experience will not be a good one. Ask if the lawyer has had teaching experience. This shows that he or she is capable of research, fieldwork, and dedication, all of which are needed for teaching.In the end, the goal is to find a lawyer that will be handle the case in question. Young attorneys are able to handle misdemeanor and traffic cases, but those with much more experience, at least five years of criminal practice, should handle felony and federal cases.Being charged with a crime can be a stressful and difficult time, no matter what the situation is. Having a criminal defense lawyer on hand to answer questions and to guide you through the experience can be extremely valuable. Select a lawyer that will be able to focus on your case and give it all the attention that it deserves.The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

source:
http://www.articlesbase.com/law-articles/how-to-select-a-criminal-defense-attorney-706027.html