Federal Criminal Defense FAQ
My loved one or friend has been arrested by the federal authorities,
how can I get them out of jail?
In the federal system getting
someone out of jail is a more complicated process than in the state
system. Unlike the state system, an attorney can't just ask the
judge for a bond and a bail bondsman can't simply post a bond as a surety.
In the federal system, the person is normally brought before a
federal magistrate for an initial appearance and informed of the
charges against them and their rights. Most often this happens
within a day or so of the arrest. Then the accused is set for a
detention/preliminary hearing within a short time. This is where the
work begins.
At the preliminary/detention hearing, the attorney for the accused
can inquire as to whether there is probable cause to proceed with
formal charges against the accused and, more importantly, establish
whether there are conditions upon which the accused can be released
pending formal charges and trial.
Can't any lawyer represent me in Federal Court?
No. Only a lawyer admitted to
practice before the federal district court may represent criminal
defendants before the court. Federal court is vastly different from
state court. It is not for the novice lawyer. You can't just wing
it. Things move faster. The rules are stricter and so are sentences.
Only lawyers who regularly practice in federal court are familiar
with the nuances of system.
This is never an easy question in a federal case. All crimes have a range of punishment proscribed by federal statute or law, but the sentence a person recieves is usually determined by the Federal Sentencing Guidelines which provide a range of months within which a judge can sentence a person. The Guidelines provide for levels and the sentence is based on which level the defendant falls into. Which level a person falls into depends on the criminal history of the person and the seriousness of the crime. Before sentencing, the United States Probation Department will prepare a Presentence Report for the judge to read and determine the sentence.
Most of the time, a lawyer experienced with federal criminal defense, will be able to predict where in the guidelines a person falls. And, more important, will be able to review the Presentence Report for errors that can lead to a longer sentence.
Aren't the Federal Sentencing Guidelines Advisory?
Yes and no. While Booker v. Washington and its progeny did make the Federal Sentencing Guidelines "advisory" federal judges still rely heavily on them when handing down sentences.