There are many federal law enforcement agencies that investigate crime. Some of the more well-known agencies are the FBI, the SEC, ATF, and the CIA. Lesser-known but equally potent are Homeland Security and the Inspectors General of numerous other federal agencies, including the U.S. Postal Service.
All agencies must abide by the law in investigating crime. These laws are limitations on the reach of a federal government with nearly unlimited resources to investigate individuals and companies. Some of the limitations include a citizen’s 4th Amendment right to be free from unreasonable search and seizure, the 5th Amendment right not to have to answer law enforcement questions, and the 6th Amendment right to an attorney.
Rarely do agents blatantly violate these rights. However, these rights can be violated by agents at the fringes. This invidious degradation of a citizen’s rights may not be intentional, but the effect can be disastrous.
I know these rights inside and out, along with the case law that limits the power of federal agents, and I have the temperament and courage to ensure these rights are not infringed. If you or someone you know is the target of a federal investigation, please contact me immediately. I will protect you with experienced criminal defense services.
The Criminal Process
A person charged with a federal offense will first appear in court at what is called an initial appearance. This appearance must occur within 72 hours of arrest. At this court hearing, the magistrate will inform the person of the charges and advise the person of the right to remain silent and the right to counsel. The judge may release the person or, in many cases, the person will be held in custody, which is called pretrial detention.
A person detained has the right to challenge the detention at a detention hearing. At the hearing, the person can present evidence to convince the judge that he or she is not a flight risk nor a danger to the public. I have extensive experience arguing for release at detention hearings. I will assemble the evidence to convince the judge that my client will appear for all court dates, will not commit any criminal offenses, will not interfere with witnesses or attempt to destroy evidence, and will emphasize the weaknesses in the government’s case. All of these factors can result in my client being released so he or she can resume life while the criminal case proceeds.
Fighting the Case
The government is required to turn over to the defense all evidence it has assembled in the investigation. This includes witness statements, body cam video, all surveillance video, phone records, and whatever else it has acquired in the investigation. In addition, my private investigator conducts our own investigation. This includes obtaining documents, interviewing witnesses, obtaining other physical evidence, and performing other investigative tasks. Fully analyzing the government’s evidence and obtaining our evidence provides the foundation for a total defense and permits me to take the offensive.
I will also challenge the admissibility of the government’s evidence. This involves making legal challenges to how the evidence was acquired (such as without a warrant) and challenging whether the evidence was mishandled or tampered with by agents or witnesses. The result of this could be that the court suppresses the evidence, meaning it cannot be used at trial. This has, in certain cases, resulted in the case being dismissed.
I will discuss the case with the U.S. Attorney’s Office. This may be referred to as plea negotiations. Even when my client is totally innocent, plea negotiations can be fruitful because the government will reveal the strengths and weaknesses of its case. These discussions can result in the dismissal of the case if I present my client’s case to convince the government that there is no crime committed or that it will not be able to prove the case.
Throughout the process, I am always preparing for trial. This includes preparing to cross-examine all government witnesses, preparing affidavits and other instruments to ensure our evidence is admissible at trial, preparing legal arguments, preparing for extensive jury selection, and many other tasks that go into a jury trial. I have tried many cases to a jury verdict and have obtained not guilty verdicts in many cases, including murder.