JCOHS Lawyers and Attorneys

Almost all federal convictions carry prison time. When the federal sentencing guidelines were changed in the late 1980s in an effort to make sentencing fairer across the myriad federal court districts across the country, only sentences involving prison time were used in the sentencing commission’s calculations. When drafting the federal sentencing guidelines, the Sentencing Commission practically forgot that probation ever existed. Now, for most federal crimes, you serve prison time and then are put on supervised release. The probation now comes after the sentence, instead of in place of it.

This change and the federal system’s speed make a specialized, effective defense necessary from the beginning. In many federal districts, trials are set no more than sixty days from the date of arraignment, and the United States Attorney for that particular district will have only pursued cases they strongly believe they can win. Often times, federal investigations go on for months or years before the case is actually brought to the grand jury for indictment. In many cases, the evidence is voluminous – there are recordings and data records to review, and multiple witnesses to conceivably interview. Counsel familiar with federal criminal procedure and the judicial district’s local rules is a must.

At the point of indictment, the government will then determine whether they want you held pending trial. The only way you will be able to remain free pending the resolution of your case is if you show the trial or magistrate judge that you have sufficient community ties to remain free. The magistrate or trial judge ultimately decides whether the government’s request to hold you pending trial is valid. In practically no cases do you get to exercise your right to a preliminary hearing in criminal federal court before an indictment is handed down.

Once arraigned, the district court will issue a scheduling order setting out specific deadlines for your case. This scheduling order is largely firm, save the showing of extraordinary circumstances. A good federal criminal lawyer will not only be experienced, but also organized and efficient, or else your defense will suffer. The harshness of the federal sentencing guidelines makes any mistake unforgivable. The best place for you to mount your defense is at the district court, or trial court. One should view the district court as the front line of their defense – the circuit, or appellate court, is not the place where one should expect to exert their rights.

Once charge with a federal crime, it is vital that you retain defense counsel quickly. Delays in your defense only work to make it more likely you will be successfully prosecuted and convicted. Pursuing an avid defense is important as most federal criminal convictions result in some sort of jail time.