STAGES OF A FEDERAL CRIMINAL CASE

ARREST AND INITIAL APPEARANCE 

      A person comes into the federal system in one of two ways: after the issuance of a complaint or an indictment. Under most circumstances a warrant for the person’s arrest follows the filing of either of these documents. After the client is arrested, the client must be taken before a magistrate judge for their initial appearance. This is the client’s first  court appearance, and the client's federal criminal defense attorney must be present. If the client does not have a federal criminal defense lawyer at this time, the court will either appoint him a lawyer, or proceed and give him time to hire someone. At this appearance, the client will also be formally notified of the charges brought against him.

DETENTION HEARING 

      The purpose of a detention hearing is to determine whether a client  should be released while his case is pending. Two of the most common  concerns for the court is determining whether a client is a flight risk or danger to the community. During the detention hearing, it is crucial to show that our client client has long standing ties to the community, a home, steady employment, and sometimes, assets that he can surrender in the event he misses court. This hearing usually takes place no later than five days  following a client’s arrest. Preparation for this hearing is essential, because this hearing determines whether or not our client will be released from custody. As an experienced white collar criminal defense attorney, Temani Adams, has extensive success at getting client's released. 

      Not only do we do research on our client, but we also communicate with our client’s family and friends to determine who is willing to testify on their behalf. We also determine where our client will live while his case is pending, if he is willing to abide by a curfew, and any other conditions that the court may impose. These details are needed in order  to support our argument that our client should be released. Success at  the detention hearing is the difference between our client working with  us on his case from jail, or in our offices.

DISCOVERY AND PRE-TRIAL MOTIONS STAGE 

      This is one of the most critical, and tedious steps in a federal  criminal case. In the discovery stage of a case, we request and review  the government's evidence. We often retain experts and investigators in  order to analyze, and seek out additional evidence . Often times, there  is lots of valuable information that our team is legally entitled to  have, that the government doesn’t want to turn over. Due to the  government’s failure to turn over all of the legally required evidence,  we then must ask the court to intervene.

      One pre-trial motion, that is most commonly filed is a Motion to  Suppress. A Motion to Suppress is used when our office wants to prevent  the government from using certain evidence at trial. The basis for each  Motion to Suppress is different. However, Motions to Suppress are used  in a variety of cases. In drug conspiracy cases Motions to Suppress can  be used to exclude drugs, wiretap evidence, statements, and other  evidence that may have been improperly obtained by the government.

PLEA NEGOTIATIONS AND GUIDELINES COUNSELING 

    After  reviewing the government's evidence and discussing possible defenses, a  client may decide that it is in his best interest to enter into a plea  agreement. Individuals may decide to plea for a variety of reasons. In  the federal system, a person who pleads guilty may expect a much shorter  sentence than a person who proceeds to trial and loses. Pleading guilty  can also, sometimes results in lesser charges.

      In the federal system, we rely on the United States Sentencing  Guidelines to assess the value of any plea deals and to predict the  sentencing outcomes after admitting guilt or being found guilty at  trial. Careful analysis of the facts in the case and the United States  Sentencing Guidelines, however, alert us to possible sentencing  enhancements that a client may face if he pleads, or is found guilty of a  particular charge. No one can guarantee any particular result—in the  federal system the ultimate sentencing decision belongs to the judge.

CHANGE OF PLEA HEARING 

      A person who decides to plead guilty must appear in court for a change  of plea hearing. At this hearing, a judge reviews the statues of the  crime and penalty ranges that a person may face upon a finding of  guilty. The judge also assures that there is a factual basis for the  plea of guilty. Finally, the judge reviews any plea agreements between  the defendant and the government at that time. After conducting this  hearing, the client is interviewed by a United State Probation Office  and a presentence report is prepared.

      Jury selection, also known as voir dire, is the first time the  attorneys are allowed to speak directly to, and ask questions of the  jury. Jury selection is an artform, and only the most skilled attorneys  are successful at it. We are those attorneys. Jury selection is  important because it allows us to go into the mind of a juror to  determine what his or her biases, and beliefs are. Not every juror is  right for each case, and it is our job to make sure that the jurors who  aren’t right for your case, don’t make it into the jury box.

    A client who opts not to plead guilty is entitled to a trial. At trial,  the government must present evidence that supports a guilty verdict.  The jury can only vote guilty if it believes that the government has  proved each element of the offense(s), beyond a reasonable doubt. This  is the highest burden of proof by law, and the government must me it.  Federal trials can last anywhere from 2 days to 6 months or more.

      Trial begins with us and the government giving opening statements. The  government is then allowed to present its case. During trial, we are  able to confront the government’s witnesses, through examination, and  attack the government’s evidence. We are also allowed to present our own  witnesses and evidence. The case then moves to closing arguments.  Closing arguments are the last chance for the government and ourselves  to argue to the jury why we should prevail. After hearing all of the  evidence, and hearing the arguments of the attorneys, a jury may come to  one of three outcomes: not guilty, guilty or no outcome (which is often  called a hung jury).

     If your  case results in a not guilty verdict, the case is over with. If your  case results in a guilty verdict, the next step is preparation of the  presentence report. If your case results in a hung jury, there are  several different possibilities. The first thing that must be done after  a hung jury, is for the government to decide whether or not they want  to retry the case.

      In the time between the change of plea hearing or guilty verdict and  sentencing, a client will have an interview with a United States  Probation Officer. That officer works for the court. It is the US  Probation officer's job to create a report for the sentencing judge so  that he can make a proper determination of the United States Sentencing  Guidelines that apply in the client’s case. These Guidelines provide a  range within which the judge can sentence an individual that is  presumptively reasonable. We assist our clients in preparing for their  meeting with US Probation.

      Once we receive and review the US Probation officer's presentence  report with our client, we may contest the conclusions from certain  facts that lead to a specific Guidelines range. Long before then,  however, we prepare to counter the recommendation of the presentence  report by obtaining the support of friends, family members, court  records, school records, awards, and other materials that tend to show  our clients in the most positive light. This dual process allows us to  counter the Guidelines recommendation through objections to the  presentence report and through a memorandum in support of a departure or  variance from the Guidelines.

    After the court has received and reviewed objections to the  presentence report and sentencing memorandums it will hold a sentencing  hearing. At this hearing we may present additional evidence to  substantiate our objections to the presentence report or to rebut the  government’s objections. Family members and people supporting the client  being sentenced may also be heard. Finally, any victims of the alleged  offense must be heard at the sentencing hearing. The judge then  pronounces a sentence in open court.

SURRENDER 

      A client who we obtained release at their detention hearing, and  remained on bond following the change of plea hearing may need to  surrender at the sentencing hearing. In some cases, the judge may allow  our client to self-report to a prison. This option varies on a  case-by-case basis. However, a client that is allowed to voluntarily  surrender receives a 3 point reduction, in his assessment with the  Bureau of Prisons.

POST-CONVICTION AND APPEALS 

      Being found guilty at trial is not the end of a case. The filing of a  Judgment of Acquittal, often called a Rule 29 Motion, and a Motion for  New Trial, also called a Rule 33 Motion, are crucial after a guilty  verdict.

     The federal system recognizes that sometimes the jury gets things  wrong, and that’s where a Rule 29 Motion comes in. While each case is  different, there are several different avenues to arguing a Rule 29  Motion. However, the basis of a Rule 29 Motion is that the jury got the  verdict wrong, so arguments are limited.
 

           With  each Rule 29 Motion, a Rule 33 Motion, is commonly filed.  Rule 29  Motions are good, but Rule 33 Motions, are better. Rule 33  Motions allow  the court to consider a laundry list of factors that are  not allowed in  a Rule 29 Motion, including things that happened pre and  post-trial.  The improper admission of evidence, and the improper  denial of a  continuance are just a couple of things that can be  presented in a Rule  33 Motion.

      Following the judgment at a sentencing hearing, or a ruling on a Rule  29 or Rule 33 Motion, a clients has 14 days to file a notice of appeal.  If a client has entered into a plea agreement with the government, he  normally waives the right to an appeal except for very narrow  circumstances. Clients who have not waived their right to appeal may  proceed with their full rights of appeal.