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Collin County Federal Criminal Lawyer

The Collin County Law Group > Collin County Federal Criminal Lawyer

When you are facing criminal charges in a branch of the United States District Court, you may be confused and frightened. Even if you have had past experiences with criminal courts in the state, the federal courts operate separately and very uniquely. The charges always involve alleged violations of federal laws, and the court sessions will take place in federal courthouses. Even so, the rights of defendants remain the same. You always have the right not to respond to any questions from law enforcement, evaluate the evidence the prosecutor presents before the trial, and promote a persuasive defense in court.

When you have been arrested due to an alleged violation of federal law, a Collin County federal criminal lawyer can help. A defense attorney can provide more information about what your charges mean and work to protect your Constitutional rights.

CASES THAT FALL UNDER FEDERAL LAW

Most examples of arrests involve an alleged violation of state law. However, every person must also follow federal criminal laws. These laws aim to prevent harm from affecting the federal government or could impact people in multiple states. Common examples include:

These cases are handled by the United States Attorney and his Assistant United States Attorneys in the local United States District Courthouse. A federal crimes attorney in Collin County can help a person better understand why they are facing federal criminal charges because of their conduct.

Federal Criminal Defense

Federal Criminal Cases are very serious and require a lawyer with experience, good judgment and expertise in Federal Criminal law.

Our skilled federal criminal defense lawyers have the experience, judgment and expertise to effectively represent you and navigate the Federal criminal process.

We handle a wide variety of Federal offenses in Texas or elsewhere in the United States:

  • Federal Drug Offenses
  • Drug Trafficking
  • Federal Drug Conspiracy
  • Conspiracy to Transport of Harbor Illegal Aliens
  • Money Laundering
  • Federal Firearms Violations
  • White Collar and Fraud Cases

Federal Drug Conspiracy Cases

Federal Drug Conspiracy cases are very serious, and carry the potential for significant penalties. Federal Drug conspiracy cases often carry so called mandatory minimum sentences.

In many cases federal drug crimes are investigated by federal law enforcement such as the Drug Enforcement Administration and the Federal Bureau of Investigation. The federal charges often come as a result of a thorough investigation involving informants, wiretapped conversations, controlled buys, surveillance and search warrants among other investigative tools.

If you or a family member are facing a drug conspiracy charge you will need an attorney with the experience and knowledge to properly represent you on a federal drug charge.

MISDEMEANOR VS. FELONY ACCUSATIONS

The federal criminal code makes a wide variety of acts illegal. However, every statute in the law will fall under one of two categories. These categories determine the severity of the offense and the potential penalties.

The less severe of the categories are misdemeanors. Here, the court may sentence the guilty party to no more than one year in prison. In addition, there are subclasses of misdemeanors that may carry lesser maximum penalties.

The more severe category of offenses is that involving felonies. These offenses carry a possible prison sentence of at least one year. In the most extreme examples, such as those involving terrorism or murder, the court has the authority to issue the death penalty.

Even if the court does not sentence the guilty party to time in prison, it may still issue heavy fines, order the surrender of property, and will create a criminal record. A federal criminal lawyer in Collin County could help an individual understand the potential consequences of a conviction and fight to avoid this outcome.

The Basics of a Federal Criminal Case

A Federal criminal case is very different than a state criminal case. There exists a separate set of laws and processes that must me understood and carefully considered.

The following is a broad overview of the basics, the “nuts and bolts” if you will, of the process of a Federal Criminal Case.

The Initial Appearance

Typically, a Federal felony defendant will be brought to U.S. District Court in custody on a complaint and will likely appear before a U.S. Magistrate Judge. A complaint is an affidavit describing the allegations against the accused. At the initial appearance the Magistrate Judge will inform the accused of the complaint against the person, that the person has the right to retain an attorney, the circumstances under which the person may be released, the right to a preliminary hearing and the right to remain silent.

The Court will also consider the issue of release or detention, and this topic will be covered in more detail in the Detention Hearing section.

Preliminary Hearing or Arraignment

If unindicted, a person is entitled to a preliminary hearing within fourteen days if in custody. The Court will consider whether an offense was committed and whether the defendant committed it. If the Court finds probable cause, the Court will require the defendant to appear for further proceedings. The Court may also consider bail or release at this hearing.

The Detention Hearing

Bail in Federal Court is governed by the Bail Reform Act. The Court may release a person on conditions, or detain them pending trial. In making this decision the Court must consider whether the arrested person will be a flight risk and whether the person, if released, will pose a danger to any person or the community. If the Court makes the determination that no condition or combination of conditions of release will assure the appearance of the arrested person, or that the arrested person presents a danger to the community, the Court must detain the arrested person pending the trial of the

If the Government, through the U.S. Attorney’s office wants the accused person detained pending trial, the prosecutor will file what’s known as a Motion for Detention at the initial appearance. In Federal criminal cases, the Prosecutor is known as an Assistant U.S. Attorney.

There are certain categories of offenses for which the law creates a presumption of pretrial detention. Specifically, this presumption applies to drug offenses with a potential maximum penalty of ten years or more. This means that the law presumes that the arrested person must be detained you must present evidence at a Detention hearing that rebuts this presumption.

Pretrial Motions

There are a number of different pretrial Motions that may be filed a defendant in a Federal criminal case depending upon the circumstances of the particular case. Examples of some common pretrial motions are:

Motion to Suppress

A Motion to Suppress is a filing in the court in which the accused person is asking the judge so exclude certain evidence or statements prevent the Government from presenting the evidence against the defendant at trial) due to violations of law in the way that the Government collected the evidence.

Motion for Discovery

A Motion for Discovery asks the Court to Order the Government to disclose to the accused person evidence that the Government has in its possession concerning the accused person. Discovery in Federal cases is regulated by Federal Rule of Criminal Procedure 16. Typically, the defendant does not need to file a formal Motion for Discovery, rather Rule 16 requires the Government to provide discovery as a matter of course.

Motion in Limine

A Motion in Limine is a Motion that asks the Court to make pretrial rulings on evidentiary matters that are likely to arise at trial.

Additional pretrial motions is a Federal criminal case might include, among others, a Motion for a Bill of Particulars, Motion to Dismiss and Motion to Sever.

Plea

A Federal criminal defendant has the right to be informed of every plea offer that is issued by the Assistant U.S. Attorney.

A Federal criminal defendant has the absolute right to a jury trial, among other rights discussed more fully in the trial section.

A Federal criminal defendant that is considering entering a plea of guilty to a federal indictment should be sure that they have fully considered the indictment, the likely admissable evidence against them, and Sentencing Guideline range that will likely apply to their case. A Federal criminal defendant should discuss all of these matters in detail with his or her attorney. It is the accused person’s decision alone as to whether to proceed to trial or to plead guilty.

Trial

A Federal criminal defendant has an absolute right to a jury trial that is guaranteed to them by the U.S. Constitution. The right to a jury trial includes the right to remain silent, to confront the witnesses against them, to require the Government to present proof beyond a reasonable doubt and to present witnesses and admissible evidence on their own behalf.

In addition, a person accused of a Federal felony crime has a right to a jury of twelve persons and a unanimous verdict on each and every element of the charged crime. If the jury is not persuaded beyond a reasonable doubt, the defendant is entitled to a not guilty verdict. If the jury finds the defendant guilty, the Sentencing process is triggered.

Sentencing

Following a guilty plea to a Federal indictment or a guilty verdict, the U.S. Probation office will prepare a Presentence Investigation Report for use by the Court in sentencing. The Presentence Investigation Report (PSR) will address the facts of the case and the defendant’s role in the offense. In addition it will analyze the guideline range applicable to the defendant according to the advisory U.S. Sentencing Guidelines.

The PSR will be disclosed to the defendant and his or her lawyer. The defendant has a certain time period in which to file objections to the PSR. The objections may be either based on the law (contending the the PSR misunderstands or misapplies the law) or on the facts alleged in the PSR. If the defendant timely files objections, the Court must rule on the factual objections or indicate that is not relying on the disputed facts in assessing sentence.

The sentencing itself will largely be a product of the United States Sentencing Guidelines. The process by which a Court assesses the applicable Guideline range will be the subject of a future blog post. In assessing sentence the court must consider the applicable guideline range as well as the factors set out in 18 U.S.C. 3553(a).

Before the Court imposes sentence, the defendant has the right to address the Court.

The Team You Need for Federal Criminal Defense

Federal criminal defense requires an in depth understanding of the United States Sentencing Guidelines, the Federal Rules of Criminal Procedure and the Federal Criminal Laws. Equally as important is knowledge of how the Federal Criminal Process works.

At Collin County Law Group, we are devoted to staying abreast of developments in Federal criminal conspiracy law, the Sentencing Guidelines, and case laws that impact Federal Criminal Practice. Our team comprises highly skilled attorneys supported by a compassionate and dedicated staff, all united in their commitment to guide you through the intricate legal process.

Our proficiency in criminal defense goes beyond the ordinary, particularly when it comes to federal cases. Our seasoned attorneys bring a wealth of experience to the forefront, navigating the complexities of federal criminal law with finesse. From white-collar crimes to drug offenses and a spectrum of federal offenses, our team has a proven track record of successfully handling intricate cases. We pride ourselves on offering a robust defense strategy meticulously tailored to address the unique nuances of your situation.

Whether you are confronted with charges involving financial crimes, drug trafficking, or other federal offenses, our team has the knowledge and experience to navigate the complexities of these cases, ensuring the best path forward. We approach each situation with a comprehensive understanding of federal statutes and legal precedents, ensuring that your defense is strategic and effective.

Contact The Collin County Law Group for Leading Federal Criminal Defense

Accusations that allege a violation of the federal criminal code require your utmost attention. Even a conviction for a federal misdemeanor-level offense can have wide-reaching consequences impacting every part of your life. A felony conviction will likely result in prison time and consequently affect your civil rights, like voting and gun ownership, for the rest of your life.

Contact a Collin County federal criminal lawyer now at 9725487167. Our team is ready to listen to your side of the story, evaluate the prosecution’s case, and fight to protect your Constitutional rights and freedom. Contact us today to schedule a consultation about your defense options.

Related Resources:

The United States Federal Sentencing Guideline

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