If you or a loved one has been charged with a federal case, then you probably are looking for an attorney who understands federal criminal defense. This process can be complex, especially if you have not had to find a federal attorney before. This is because this area of law is unique and very different from state court.
Most people are unfamiliar with how the process of a federal criminal case works. Criminal cases that involve federal statutes can only be directly handled by the federal court system. Some common federal crimes include drug crimes, mail fraud, robbing a bank, wire fraud, health care fraud, and committing an offense on federal property.
The federal court process changes from state to state, and you will need to know exactly what your state process is. Some of the most important steps in any federal criminal case include:
The process for a defendant is complex, and the procedures including federal code provisions, case laws, local rules, court practices, customs, and conventions all must be taken into consideration. This is why hiring an attorney who understands federal criminal cases is important.
There is a major factor in federal sentencing, this is the applicability of the United States Sentencing Guidelines. This is the way of mathematically calculating a prison term based on the criminal history category and offense level.
When you hire an attorney to help defend you during a criminal court case, a key element is advocacy on behalf of the criminal defendants and arguing over the applicability of the numerous departure factors which allow a judge to either reduce or increase a guideline sentence.
The guidelines give a range which is season as advisory. This means that the judge who is doing the sentencing in the federal court holds a large amount of discretion and can vary from the original range based on another set of factors.
A persuasive sentencing memorandum is important if you are to persuade the judge in exercising their discretion in departing from the guideline range. And further varying from the range for a total sentence which may become significantly less than what the original guideline range may indicate.
Another factor which can differ in federal practice is the more general application of mandatory minimum sentences, this is especially true for drug crimes.
Having an experienced attorney who understands federal criminal cases is important, especially if you have not head to deal with this type of court case before. Having a knowledgeable and trusted advisor will help you make the process smoother for you, and they may be able to help lower your sentence.
Trust that our professionals at the Law Offices of Robert Elovitz are here to help. Give our team a call today and schedule a free consultation for your federal criminal case.
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