This guide discuss your options if you have been charged with a Federal Crime and what to look for in a Federal Criminal Defense Attorney.
I have been charged with a Federal Crime - what are my options?For a person who has been charged with a federal crime there are a limited amount of ways in which to resolve the pending charges, here are the basic possible outcomes. The case gets dismissed based upon pretrial motions and/or after discussions with the United States Attorney's Office. Dismissals based upon either of these two factors happens - but very infrequently. You have a trial and are acquitted of all charges, your bail is returned and you go home. Statistically this happens in less than 10% of all federal criminal cases that go to trial. (In general, the US Attorney's Office is very selective on cases it indicts - the US Attorney generally will only obtain an indictment if the government is confident it will win at trial.) You have a trial, get convicted and then get sentenced. In federal court a person who goes to trial and loses gets punished for going to trial because that person will, in most cases, not receive a reduction of sentencing guidelines for "acceptance of responsibility". You enter into a plea agreement with the government You enter into a plea agreement and a cooperation agreement in hopes of receiving a reduced sentence for providing the government substantial assistance in the prosecution of others. The government gives you what is referred to as a 5K Letter. If you have been charged with a federal crime then you need an experienced federal criminal defense attorney in order to decide whether you should go to trial, enter into a plea agreement and decide if you want to seek a cooperation agreement. If you decide you want a trial you should have an attorney with extensive criminal trial experience, a lawyer who specializes as a Federal Criminal Defense Attorney, someone such as Thomas Ambrosio, Esq. based in New Jersey and New York. Call for a confidential consultation 201-935-3005 or visit his website at; www.whitecollarfederalcrime.com
A Federal Criminal Defense Attorney must be brutally honest about your case.I often tell clients that I refuse to sugar coat the facts of their case. Let's face it, no one wants to go to prison. A person facing federal criminal charges, normally seeks out legal advice as soon as possible. Many times when consulting with clients facing federal criminal charges the client wants assurances that he or she will not have to go to prison. Often not going to prison is just not a realistic scenario for the client. An experienced Federal Criminal Defense Attorney should never sugar coat the reality of a client's situation. For instance, if a client were caught on video camera with a gun holding up a bank and then caught a day later with $10,000 in marked bills from the bank that was robbed - it is pretty certain the client may have to go to prison. In this situation the lawyer should be brutally honest with the client. The lawyer should advise the client that he will most likely be convicted if the client goes to trial. The focus of the lawyer on a case with facts like these should be to find other ways besides going to trial to minimize the client's exposure to federal prison. If a doctor discovered a patient had terminal cancer then you would expect the doctor to give the patient the bad news. An experienced federal criminal defense attorney needs to be just as honest with a client's chances of being convicted, even if the client might not want to hear the bad news. Be wary of an attorney who guarantees you will not go to prison if the facts of your case are clearly bad for you. Be wary of the lawyer who tells you he/she can most likely keep you out of prison as part of a sales pitch to hire the lawyer. Be wary of a criminal defense attorney who claims to have never lost at trial. Defendant's with seemingly unwinnable cases do sometimes get Not Guilty verdicts as trial. Going to trial has many risks. Before you decide to go to trial your attorney should give you all the pros and cons of your case and an experienced assessment of the chances of winning. The decision whether to go to trial or not is a defendant's. That decision should only be made after great thought was given to the pros and cons of going to trial. Thomas Ambrosio has the experience and skills to help you decide whether to take your case to trial. Call for a confidential consultation. 201-935-3005 www.whitecollarfederalcrime.com