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SERVICE & RESULTS.
WE KNOW HOW TO WIN CASES
Spodek Law Group handles tough cases
nationwide, that demand excellence.
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FACED 5+ YEARS IN PRISON
PEOPLE VS JOSEPH AMICO
Covered by NYDaily News. Las Vegas man accused of threatening a prominent
attorney and making vile remarks.
FACED 10+ YEARS IN PRISON
PEOPLE VS. ANNA SOROKIN
Covered by New York Times, and other outlets. Fake heiress accused of conning
the city’s wealthy, and has an HBO special being made about her.
FACED 3+ YEARS IN PRISON
PEOPLE VS. GENEVIEVE SABOURIN
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with
USAToday, NYPost, and other media outlets following it closely.
FACED POTENTIAL CHARGES
GHISLAINE MAXWELL JUROR
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who
defended Anna Sorokin.
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WHY CHOOSE US
Cloud Based Law Firm
Clients can use our portal to track the status of their case, stay in touch with
us, upload documents, and more.
Nationwide Legal Practice
Regardless of the type of situation you're facing, our attorneys are here to
help you get quality representation.
Risk Free Consultation
We can setup consultations in person, over Zoom, or over the phone to help you.
Bottom line, we're here to help you win your case.
NEWS
SPODEK
LAW IN THE MEDIA
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Our Lawyers Win
MEET TODD SPODEK
WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY
The Spodek Law Group understands how delicate high-profile cases can be, and has
a strong track record of getting positive outcomes. Our lawyers service a
clientele that is nationwide. With offices in both LA and NYC, and cases all
across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many
years of experience handling 100’s of tough and hard to win trials. He’s been
featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York,
South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna
Sorokin.
Why Clients Choose Spodek Law Group
The reason is simple: clients want white glove service, and lawyers who can win.
Every single client who works with the Spodek Law Group is aware that the
attorney they hire could drastically change the outcome of their case. Hiring
the Spodek Law Group means you’re taking your future seriously. Our lawyers
handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and
simple: our nyc criminal lawyers only take on clients who we know will benefit
from our services.
We’re selective about the clients we work with, and only take on cases we know
align with our experience – and where we can make a difference. This is
different from other law firms who are not invested in your success nor care
about your outcome.
If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.
FEDERAL CRIMINAL LAWYERS | FEDERAL DEFENSE LAWYERS
Table of contents
1. How Our Federal Criminal Defense Lawyers Can Help
1. Find a lawyer with experience
2. Ensure your lawyer has experience handling cases like yours
3. Schedule an initial consultation
4. Don’t be afraid to ask tough questions
5. Find out how much an attorney will charge
6. Flat fees
7. Hourly charges
8. Specialist charges
9. Hire an attorney with integrity
10. Direct and plainspoken
11. Concerned for your welfare
12. Hardworking and diligent
13. Why Do I Need a Federal Criminal Lawyer / Federal Defense Lawyer
14. Spodek Law Group: Your Team For Federal Criminal Defense
15. We avoid litigation, when possible
16. We Fight For Our Clients
17. We will intervene
18. Use our experience
19. During the initial consultation, we assess your exposure
1. White Collar Crimes
20. Federal Criminal Lawyers | Federal Defense Lawyers
21. What happens after someone is arrested?
22. Spodek Law Group: Committed Federal Criminal Lawyers
23. We Build Lifetime Relationships With Our Clients
24. Federal Arrest Process | Criminal Federal Defense Lawyers
25. Consequences of a Federal Investigation | Federal Criminal Defense
Lawyers
26. How Federal Criminal Cases Start – You Need Federal Defense Lawyers
27. Don’t Ignore Arrest Warrants, Call a Federal Criminal Lawyer
28. Initial Appearance After Arrest For Federal Crimes – Hire a Federal
Defense Lawyer
29. How Do You Know You’re Under Federal Investigation?
30. Federal Criminal Lawyers
31. Advice For People Facing Federal Criminal Charges
32. Federal Criminal Defense Lawyers: FAQ
33. Advice For People Facing Federal Criminal Charges
34. When Will You Get a Chance to Talk if Your Charged With a Federal Crime?
35. What To Do First If a Loved One Is Arrested by Federal Agents? Call a
Federal Criminal Lawyer
HOW OUR FEDERAL CRIMINAL DEFENSE LAWYERS CAN HELP
The Spodek Law Group handles some of the toughest cases, nationwide. Our team is
very diverse – with experiences from all aspects of the justice system. This
ensures that our approach to handling your federal case is well rounded, and has
no blindspots. If you’re accused of a crime, or face any type of issue in
federal court, the team at Spodek Law is here to assist.
If the federal government is investigating you or has charged you with a crime,
your best course of action is to hire a competent federal defense lawyer with
experience handling cases like yours. In your search for an attorney, you can
increase your chances of success by paying attention to certain key details in a
lawyer’s practice. The federal government prosecutes thousands of citizens every
year for many types of crimes, so defense attorneys must specialize in handling
only certain types of cases. The best lawyer for you will be one with experience
handling cases similar to yours.
FIND A LAWYER WITH EXPERIENCE
An experienced lawyer will have the skills necessary to research relevant case
law, persuade a judge and jury of your innocence and help you stay out of jail
while you’re awaiting trial. While many experienced lawyers offer criminal
defense services, the right attorney for you will have extensive knowledge of
the laws relevant to your case.
ENSURE YOUR LAWYER HAS EXPERIENCE HANDLING CASES LIKE YOURS
Federal criminal defense law has a steep learning curve, and an inexperienced
lawyer will still be learning how to operate in a courtroom. When you work with
an experienced lawyer, you’ll benefit from your attorney’s confidence and
familiarity with the legal process. According to U.S. Courts, the judicial
process includes pretrial, trial and sentencing phases, and each phase requires
the attendance of both you and your lawyer. Whether you’re facing charges
of drug trafficking, armed robbery or healthcare fraud, you should hire a lawyer
with a track record of winning similar cases.
SCHEDULE AN INITIAL CONSULTATION
Many federal defense lawyers offer free initial consultations with no obligation
to retain their services. During your initial consultation, you’ll have a chance
to tell your side of the story with no federal authorities present. While it may
be tempting to hire a lawyer based on friendliness or customer service skills,
you should base your final decision on a lawyer’s knowledge, experience and
expertise.
DON’T BE AFRAID TO ASK TOUGH QUESTIONS
To get an idea of a lawyer’s area of competence, ask direct questions about his
or her previous cases and knowledge of the relevant law. Pay attention to a
lawyer’s communication skills during your initial consultation and try to
imagine him or her arguing your case before a court.
FIND OUT HOW MUCH AN ATTORNEY WILL CHARGE
Legal representation entails significant costs, and lawyers must charge fees
based on their time, expertise and area of specialization. During an initial
consultation, find out how an attorney will charge you and what the fees will
be. If you agree to retain a lawyer’s counsel and fail to pay, your lawyer could
place a lien on your property or sue you for the costs.
FLAT FEES
Some lawyers charge a flat fee for their representation. In this case, you’ll
know exactly how much you’ll owe before the trial begins. Flat fees are common
in criminal trials, especially when the defendant is facing charges of violent
or aggravated crime.
HOURLY CHARGES
Your lawyer may charge by the hour if you’re dealing with charges of financial
crime. White-collar crime, such as insurance and healthcare fraud, is
non-violent by definition, but the penalties for such crimes can still be
severe. In addition to various forms of fraud, white-collar crime can include
identity theft, money laundering and corporate self-dealing, according to
the FBI.
SPECIALIST CHARGES
In rare cases, your trial may require specialized legal counsel. If the FBI has
charged you with a federal internet crime, for example, you may need a lawyer
with special expertise in the relevant law for all or part of your case.
HIRE AN ATTORNEY WITH INTEGRITY
Honesty and integrity are two of the most important qualities for any attorney.
A lawyer who seems arrogant or overconfident should give you pause in your final
hiring decision. An honest lawyer won’t necessarily tell you what you want to
hear, but you’ll be better off hearing the truth than empty promises about an
unlikely outcome.
DIRECT AND PLAINSPOKEN
If a lawyer doesn’t answer your questions in a direct and plainspoken way, it
could be a sign that he or she is unwilling to be truthful. While you may feel
uncomfortable talking about the more serious aspects of your case, it’s
important to bring these subjects out into the open. Your lawyer should answer
your toughest questions with professionalism and sincerity.
CONCERNED FOR YOUR WELFARE
Ideally, your lawyer should care about your welfare and want to help you
overcome the obstacles in your path. Whether you’ve committed a crime or you’re
wrongly accused, you’ll stand a better chance of winning your case with a lawyer
who cares about what happens to you.
HARDWORKING AND DILIGENT
Most lawyers are hardworking professionals, but it’s important to know that your
lawyer will work diligently on your behalf. Before you hire a lawyer, ask how
often he or she takes cases to trial. Some lawyers pressure their clients to
accept plea deals so that they won’t face the possibility of losing a case. An
honest, diligent lawyer will never ask you to accept an unsatisfactory deal.
However, in some cases, a plea bargain may be the best option, so be prepared to
accept a good offer when it comes along.
WHY DO I NEED A FEDERAL CRIMINAL LAWYER / FEDERAL DEFENSE LAWYER
The U.S Code consists of many different federal crimes that a person can be
accused of committing. Many have to do with issues that cross state lines. For
example, if you transport guns across state lines illegally, this could be a
federal crime. Due to this, sometimes it can be confusing when and where, a
federal case begins and ends. In some situations, you may face simultaneous
state and federal investigations.
Speak to our Federal Defense Lawyers
Examples of federal crimes include, but are not limited to:
* Drugs
* Financial crimes
* Child porn
* Weapons possession/trafficking
* Terrorism
* and more
SPODEK LAW GROUP: YOUR TEAM FOR FEDERAL CRIMINAL DEFENSE
Federal cases ARE VERY COMPLEX. The same attorney who might handle your state
court case, is not qualified necessarily to handle your federal case. The
prosecutors in federal cases are extremely qualified, and there is immense
red-tape when it comes to protocols on how federal cases evolve and run. At
Spodek Law Group, we spend an immense amount of time, and practice, focusing on
federal defense. We are constantly tuned into DOJ initiatives, and precedents,
and how they may impact our clients.
Many of our federal criminal lawyers have experience handling tough federal
cases, all across the country. With over 50 years of combined experience, we
believe we have the experience to help you resolve your case.
WE AVOID LITIGATION, WHEN POSSIBLE
Many federal cases can be resolved pre-trial, with a proactive defense and
offense. Sometimes that means neutralizing potential information that can be
introduced as evidence – thereby weakening the prosecutions case. Sometimes it
might mean engaging in meaningful dialogue and proffers, in order to work out a
reasonable deal. Bottom line, we look to anticipate the prosecutor’s strategies
in order to mitigate the risk our clients face.
WE FIGHT FOR OUR CLIENTS
When you choose Spodek Law Group, rest assured we do everything possible for
you.
WE WILL INTERVENE
Federal cases can run fast. The best thing you can do when under investigation
is promptly hiring counsel who can intervene and present an effective defense to
the prosecutors point of view. As soon as you engage our federal lawyers to help
you, we begin working to protect you and your family.
USE OUR EXPERIENCE
We’ve got over 50 years of combined experience and have handled some of the
toughest cases nationwide. We understand how the government operates, their
tactics and strategies. Leverage us, and our experience, to generate the best
outcome for yourself.
DURING THE INITIAL CONSULTATION, WE ASSESS YOUR EXPOSURE
Federal laws are complicated. There are many possible liabilities and exposures
you may face. We can help you, in the initial consultation, assess whether you
face fines, probation, imprisonment, or worse. Speak to us, and let us explain
what you’re facing – and what the possible defense strategy is.
WHITE COLLAR CRIMES
Examples of white collar federal crimes can include wire fraud, mail fraud, and
more. These crimes are taken seriously, and can be easier for the prosecution to
prove due to the paper trail associated with these crimes.
FEDERAL CRIMINAL LAWYERS | FEDERAL DEFENSE LAWYERS
The fact is, the federal criminal lawyer you hire can be more important than the
crime you’re accused of committing. In situations like this, it’s in your best
interest to hire the best possible federal lawyer to represent you and advice
you.
What is Double Jeopardy in Criminal Cases
There are many protections afforded by the American judicial system, one of them
being referred to as Double Jeopardy. This is a Constitutional protection that
prevents an individual from being openly prosecuted in a criminal court more
than once for the exact same charge. In other words, if a person has been
acquitted of a crime once, he or she cannot be charged for that same crime
again. The protection that Double Jeopardy entails is steeped in a long history
of legal precedence, and there are several reasons that are commonly talked
about when keeping this policy in place.
The Endless Reach of the Government
While the resources of the average individual are usually quite limited, the
same cannot be said for the state or federal government. Because government
agencies do tend to have almost limitless resources at their disposal should
they choose to use them, this could result in an endless stream of prosecutions
if double jeopardy was not in place. This protection is actually written into
the Fifth Amendment of the Constitution specifically to protect individual
citizens from the power of the government.
It is a commonly accepted assertion that the government has many more assets to
use in a criminal prosecution than does an average defendant. Because of this,
double jeopardy is meant to prevent the government from using those many assets
to unduly subject a citizen to multiple court proceedings for the same act. This
provision is particularly true when a jury has already found a defendant to be
not guilty.
Protection From the Turmoil of Being Subjected to Multiple Prosecutions
There is no denying that a court case brings about certain financial, emotional,
and social stressors that can negatively impact the defendant. This is
particularly true in cases where a person must prove his or her true innocence.
Because of this, double jeopardy effectively prevents an individual from having
to go through this stress a second or third time. There is a physiological toll
that comes from fighting a criminal prosecution. Beyond this, there is also a
social stigma attached to any person that is forced to endure a criminal trial.
This is why the protection in the Fifth Amendment is specifically in place, so
individual are not subject to further prosecutions.
Court Decisions Should Count For Something
When a decision is handed down by a judge or jury, it should count for
something. The entire judicial process would be cheapened if multiple
prosecutions for the same offense were permitted to take place. This is yet
another reason that double jeopardy has been put firmly in place. Juries would
begin to feel that their voice really did not matter if the individual that they
jus found to be innocent was found to be tried once again in criminal court. The
same is said for trials where judges that determine innocence or guilt. While
defendants may appeal a guilty verdict, prosecutors are simply not permitted to
appeal a finding of not guilty. This is part of the judicial system where it is
proclaimed that an individual is to be deemed innocent until proven guilty.
There Must Be Limits To the Power of the Prosecution
Prosecutors are given a great deal of power when it comes to determining what
charges are brought against an individual. Those charges carry a great deal of
weight when it comes to determining any possible plea agreement that is reached
before trial. If a case is brought to trial, it is the merit of those charges
alone that any possible penalties for a guilty verdict are considered. By
limiting the prosecution to one only chance in trying a case, their power in
bringing these charges is also effectively minimized. Double jeopardy is
designed as a way to make the prosecution think very carefully about the charges
that they levy against a defendant.
If you have any questions about your criminal defense, you will want to speak to
a professional and experienced attorney right away. It is important to know your
rights, particularly when it comes to instances of possible double jeopardy. The
justice system is designed to protect you, so make sure that those protections
remain in place.
WHAT HAPPENS AFTER SOMEONE IS ARRESTED?
Generally speaking, after someone is arrested they are brought to the police
station and booked. This is where the police will take personal information
about you. The police will use this information to see if there are any warrants
pending, or other criminal history, and determine whether or not you can be
released from custody – and whether a bail/bond is needed. Depending on the
jurisdiction, if the authorities are intent on detaining you – you have the
right to have this detention reviewed by a judicial official. Typically, the
police will file a criminal complaint in court and the individual will be
presented in court. During the arrest, officers can seize your property,
records, and other stuff as evidence.
If you’re arrested you are under no obligation to speak to the police after
being arrested. The U.S. Constitution, as well as state and federal laws do not
require you to speak to the authorities after you’re arrested. The decision of
whether to speak or not is a very important one, and should be done only after
you’ve secured legal representation.
After you’re arrested, it’s likely you’ll be arraigned. An arraignment is the
initial, formal, court proceeding where the court will announce the charges that
have been filed against you. The defendant(you), will enter a plea. The
prosecutor can ask the court to detain you, if they think you’re a flight risk.
The arraignment happens after a criminal complaint is filed by the police after
someone has been arrested, or charged.
Being on the receiving end of a federal criminal indictment can be a frightening
proposition. The federal government has virtually unlimited access to any and
all of the resources it needs to pursue its case against you, and federal
prosecutors are notorious for their tenacity and skill. If you’ve been accused
of a federal crime -a federal criminal defense attorney who has the savvy to
take on the feds and isn’t afraid to go toe-to-toe with a federal prosecutor may
become a necessity.
The list of federal crimes can include any offense that could impact individuals
or entities beyond the borders of the home state. Examples include kidnapping,
homicide and drug trafficking, as well as white collar crimes such as bankruptcy
fraud and cyber crimes. In an era where terrorism poses a very real and constant
threat, anyone alleged to be involved in a terrorist activity is also likely to
be accused of a federal crime.
SPODEK LAW GROUP: COMMITTED FEDERAL CRIMINAL LAWYERS
The Spodek Law Group can provide you with a capable federal criminal lawyer who
is willing to go the extra mile to protect and enforce your legal rights.
Your federal criminal lawyer will do whatever it takes to represent your best
interests, whether it’s mounting a vigorous defense in a court of law or
negotiating with federal prosecutors to reach a fair and equitable plea
agreement. You’ll get a federal criminal defense lawyer in NY who possesses the
sound judgment to advise you whether cooperating with the feds or continuing the
fight is likely to be the right move for you.
WE BUILD LIFETIME RELATIONSHIPS WITH OUR CLIENTS
Spodek Law is a family owned and operated firm that treats each client as an
individual instead of a case file. Our clients know we’re available around the
clock to provide assistance or reassurance when needed. Our people-oriented
approach has enabled us to establish a large and loyal client base that has
sustained our practice for nearly four decades.
Federal criminal cases are different from state criminal cases in terms of the
pace, plea/bargaining process and penalties. Federal crimes are prosecuted by
the Attorney’s Office. This article seeks to discuss federal crimes, the court
process and how federal lawyers can assist in such cases.
FEDERAL ARREST PROCESS | CRIMINAL FEDERAL DEFENSE LAWYERS
Being arrested on federal charges is difficult. There’s no substitute for
experience, and knowledge. You need federal criminal attorneys who understands
how the federal arrest process will unfold, and how to handle it in a safe
manner.
Sometimes, you might be aware of an on-going federal criminal investigation. The
FBI might come talk to you, or they may execute a search warrant on your home.
At this point, or even before, you’ll want to speak to a Federal criminal
lawyer to help you – and protect your rights going forward. Speaking to the FBI
without a criminal attorney is not in your best interests.
If a federal agency makes no attempt to meet with you before the arrest, then
your going to need an immediate response when arrested. You should seek a
federal attorney who can handle federal cases and help you. You have the right
to remain silent – but need an criminal attorney to help get you out. Upon your
arrest, federal agents will want to take a statement from you or talk about your
case. They may not inform you of your rights. On occasion, federal agents will
let you make a phone call, or let your loved ones know to contact your criminal
attorney for representation. No matter how nice they are – you should tell them
that you want to contact your federal criminal lawyer – and don’t want to answer
any questions about the charges. The agents may try different ways to discuss
your case with you. Once you indicate you want your attorney, they cannot
question you further.
The agents will bring you to a local office, in order to gain your personal
information and obtain your fingerprints. You shouldn’t talk about the case, but
can tell them about accurate information, like your name, DOB, address, etc.
It’s likely they have this information already. Giving fake information will
create delays, and make you look like a flight risk.
After agents complete their initial questioning, they’ll bring you to a federal
district court courthouse. This may not be where the case is done later. This is
simply where you’ll have a meeting with the officer from the pre-trial services,
who’ll make a recommendation to the court about whether any bail is appropriate.
The decision is based on their experience, and whether they think you’ll make
your appearance in court. You should behave, and cooperate, with the PTS
officer. They will ask questions about your legal status, and other such
information. You shouldn’t discuss your case. You want to make it appear to the
PTS officer that you will appear in court, and not flee. Use your ties to the
community, your ownership of property, etc, as proof of your sincerity. The
officer will recommend a bail package, which will guarantee your appearance in
court. This is not binding on the judge, but it may taken into consideration.
Once you’re interviewed by the PTS, you’ll be kept in a holding cell until the
judge is ready to see you. This can take some time, depending on the judge’s
availability. If you’re awaiting your attorney, then it will not happen until
the criminal attorney is there. You will have an opportunity to chat about your
complaint with your attorney.
It’s highly suggested you contact a federal criminal attorney as quickly as
possible. Our federal criminal defense attorneys can answer questions you have
about your case, and explain what happens next. We can help negotiate your
surrender, and help build a defense.
CONSEQUENCES OF A FEDERAL INVESTIGATION | FEDERAL CRIMINAL DEFENSE LAWYERS
The FBI is commonly known as the federal agency that handles all of the arrests
for the US Attorney’s offices throughout the NY metropolitan area. There are
numerous agencies, which may conduct an arrest. Generally, there are a few
reasons why an agency from the agency will reach out to you. You are a witness,
a person of interest, a subject, a target, or there is an arrest warrant for
you.
Being a witness
If you’re a witness, it doesn’t mean you observed a crime. Instead, you have
information that law enforcement agencies believe may be helpful in an
investigation – to help either help prove someones guilty or innocent. It’s
critical, you remember you are the subject/person of interest – and have the
right to a federal lawyer, and the right to remain silent. You shouldn’t be
intimidated, or be nervous and take rash actions. This could make matters worse,
or make you appear uncooperative. No branch of the government can force you to
speak to them in your home, or anywhere else. You have the right to an attorney
before speaking with them. Unless you’re arrested, or have a Federal subpoena –
you don’t need to go anywhere the FBI. AS a witness, it’s critical you realize –
that your words can be used you against you. If you lie, then those words can be
used to hurt you. You can be charged with lying to a Federal Agent, and with
obstruction of justice. Each of these crimes is punishable by up to 5 years in
federal jail.
Being a person of witness
Since 1996, federal agencies have used the term person of interest. This is not
a legal term though. It’s simply a term used when agencies want to talk to
someone about a criminal investigation. It means the agencies believe the person
of interest was involved in a crime, in one way or another – but they don’t have
information to legally charge the person.
The US attorney’s office, or some other federal agent will reach out to you for
a statement. They’ll ask to answer questions, or serve you with a subpoena. It’s
crucial you get a criminal attorney. You are one step away from being accused of
a crime. Anything you say can and will be used against you. The agencies goal is
to get incriminating answers from you during their conversation with you.
Depending on the answers you give, you could be arrested on the spot. That’s why
you need a federal lawyer to help you. Barring some agreement that your attorney
has in place, you could be highly exposed.
Subject of a Federal Investigation
If you’re the subject of a federal investigation, law enforcement officers from
government agencies may try reaching out to you in person, or by phone. In doing
so, they’ll tell you that you aren’t in trouble – but they want to speak to you
about a case. Alternatively, they might say you have information about an on
going investigation. Subject of an investigation is a person who has done
something which is being looked at within a Grand Jury’s investigation. If you
are the subject of an investigation, you are going to be told this before you
are allowed to testify. It’s crucial you hire a federal lawyer to prevent any
mistakes from being made.
Target of a Federal Investigation
The target of a federal investigation is a person whose being investigated as
the primary antagonist behind a crime. This is the prime defendant in a case. If
you find yourself in this situation, you need to hire a criminal attorney. In
this situation, you should assume you are going to face criminal charges.
Warrants issued for your arrest
If the FBI has issued a warrant for your arrest – then it’s like you’ve been
indicted by the Grand Jury, or Judge. There is a criminal complaint against you,
and there’s enough evidence to pursue the charges. Officials have made a
determination there’s enough evidence to allow the US Attorney’s Office to
proceed with a felony charge against you. Unless you have proper representation,
you could be incarcerated for months, or decades. If a warrant is issued for
your arrest, the FBI will take you into custody. You will be arranged, and bail
will eventually be set. Agents with search warrants will try to retrieve
criminal evidence against you.
Can I Be Convicted of Perjury By Saying “I Don’t Remember”?
When a witness testifies in court, they are obligated to swear an oath that the
testimony that they are about to give is truthful. The reason why courts require
people to swear an oath to tell the truth prior to testifying is to emphasize
the importance of the “truth” during a legal proceeding. The “truth” is the
foundation of any legal system. During a court proceeding, there are necessarily
conflicting testimonies presented. This is expected. But not everyone who
presents conflicting testimony is lying. Sometimes people are simply mistaken.
Perjury, however, involves a person intentionally making false or misleading
statements. But can you be convicted of perjury for saying, “I don’t remember?”
Well, it depends.
Perjury
Perjury is a crime under both state and federal law. Perjury involves a person
knowingly making false or misleading statements while under oath and subject to
penalty of law. The courts take the crime of perjury seriously because when a
person knowingly present false statements in court, they are impugning the
integrity of the court system and this can lead to a miscarriage of justice.
Under 18 USC section 1621, a person convicted of perjury faces fines and up to 5
years in prison.
Proving that someone has committed perjury, however, can often be difficult.
First off, one important thing to remember is that not all intentionally false
or misleading statements made by a person while he is under oath or subject to
penalty of law are considered perjury. The crime of perjury is only committed
when a person intentionally makes a false statement about facts that are
material to the outcome of the legal proceeding. For example, if a person
knowingly lies about his age during sworn testimony, he has not committed the
crime of perjury unless his age is materially relevant to the outcome of the
case at hand.
Perjury for Saying, “I Don’t Remember”
While on the face of it saying, “I don’t remember” seems like an easy way out of
a difficult or uncomfortable situation. After all, no one can get inside your
head and see what’s going on, right? Sure that is true. But, however, things are
not that simple. Whether or not you have committed the crime of perjury depends
upon several things.
First, did you knowingly make a false statement when you said “I don’t
remember?” Second, were you under oath or otherwise subject to penalty under the
law when you made the statement? And finally, did you make that statement about
something that was material to the outcome of the legal proceeding? If the
answer to all of these questions is yes, then you are probably guilty of the
crime of perjury. But so what? The question isn’t whether you committed perjury
by saying, “I don’t remember,” but rather whether or not you can be convicted of
perjury for making that statement.
For a prosecutor to convict you of perjury for saying, “I don’t remember,” he
has to have evidence to the contrary; just like in any other case. As you can
imagine, it can be very difficult for a prosecutor, or anyone else for that
matter, to prove what you do or do not remember. So, for the most part, as long
as there is no evidence available to the prosecutor that proves otherwise,
you’re okay.
However, there may be contradictory evidence out there that you either do not
know about or that you have forgotten about. For example, the police may have a
lawfully recorded surveillance tape that shows you talking about the things that
you claim you don’t remember. Or, you may have made a prior statement under oath
that shows that did, at that time, remember the events that you are now claiming
that you can’t recall.
As you can see, the answer to the question of whether or not you can be
convicted of perjury for saying, “I don’t remember” is complicated and fact
dependent. If you are in a situation where you think that you may be subject to
a perjury charge, you should immediately contact a reputable criminal attorney.
A criminal attorney knows that the prosecutor has to prove his case beyond a
reasonable doubt. In these types of cases, a criminal defense attorney has a
multitude of legal defenses that he can raise on your behalf to get the charges
dropped. Don’t try to handle this type of case on your own. There is too much at
stake. Call a good criminal defense attorney right away.
How Does a Prosecutor Decide Whether or Not to File Charges?
If there is evidence that you have broken the law, it is possible that you could
be formally charged with a crime by a prosecutor. However, there is no guarantee
what the exact charge or charges may be or if any will even be applied in your
case. What are some factors that a prosecutor may consider before determining
whether or not to proceed with a case?
Is There Enough Evidence to Support the Charge?
The first question that a prosecutor must ask is whether or not there is enough
evidence to support a charge. In many cases, there are multiple elements that
must be proven to establish that a crime occurred. For instance, it isn’t enough
that a person confessed to killing another person.
It may also be necessary to establish motive, find the murder weapon and find
the body of the allegedly deceased person. From there, it may also need to be
established that the defendant intended to kill the victim or understood that
what he or she did was wrong.
Is the Defendant Mentally Fit to Stand Trial?
A defendant must be declared mentally competent to stand trial if a prosecutor
wishes to proceed with a criminal case. If that person is not deemed to be
mentally fit for trial, it is possible that he or she will be sent to a mental
facility to receive treatment. Once he or she has been rehabilitated, that
person may be released back into the community without serving any additional
jail time.
What Type of Crime Was Committed?
There are some crimes that may not be worth trying in the eyes of a prosecutor.
For instance, someone caught with small amounts of marijuana may not be seen as
a true menace to society. In a best case scenario, the defendant agrees to a
plea and pays a small fine. In a worst case scenario, the defendant decides to
go to trial, which wastes both time and money that could be spent prosecuting a
more dangerous criminal. Therefore, it may just be easier to issue a citation
that can be paid through the mail or just drop the case altogether.
Would a Jury Convict the Defendant?
Prosecutors are always wary of not being able to win a case. Therefore, if they
don’t think that they can get a plea or a conviction at trial, they may be less
likely to take the case. This may be true even if there is enough evidence to
charge an individual or a dangerous crime was committed. In America, if a person
is acquitted for a particular crime, he or she cannot be brought back to trial
for that same crime. Therefore, it may be better to wait until the odds are
better of a conviction before filing charges in a case.
Are Witnesses Willing to Testify in Court?
One of the most effective ways to prove that someone committed a crime is to get
the testimony of those who saw it happen. However, if a witness is not willing
to testify in court, it is like he or she never saw it happen in the eyes of the
law. While it may be possible to charge a defendant with witness intimidation,
that may be difficult to prove as well. Therefore, it may not be worth pursuing
a case if no one is willing to tell a jury what they know about it.
Was a Law Broken?
It is possible that a federal law and a state law conflict. Therefore, a
prosecutor would have to decide whether to charge a person with a federal crime
even if an action is legal in the state where it took place. While federal law
always trumps state law, it doesn’t mean that a prosecutor has to take or try a
case.
There are many issues that a prosecutor must consider when it comes to whether
or not to file charges against an individual. If you have been charged with a
crime, it may be in your best interest to talk with a criminal attorney right
away. Doing so may preserve your rights and increase the odds of getting a
favorable outcome in your case.
HOW FEDERAL CRIMINAL CASES START – YOU NEED FEDERAL DEFENSE LAWYERS
A federal criminal proceeding in is initiated by a complaint or filing of
indictment. A federal complaint is an accusation that charges the accused with
commission of a crime based on probable cause. The complaint will also state the
essential facts constituting the offense charged. It must mention specific facts
that constitute the offense. Often, the complaint serves as the application for
the arrest warrant. The defendant still must be indicted to be tried.
The complaint must be sworn before a federal magistrate judge. If the government
bases a sworn, signed complaint to arrest a defendant on inaccurate information
and the arresting federal officer uses this misleading complaint in his
subsequent grand jury testimony, leading to the defendant?s indictment, the
indictment should be dismissed.
The magistrate judge must investigate whether a complaint alleges probable cause
for the commission of an offense, that is whether the defendant has committed
the crime he is accused of.
DON’T IGNORE ARREST WARRANTS, CALL A FEDERAL CRIMINAL LAWYER
The Fourth Amendment forbids unreasonable searches and seizures, and requires
probable cause for an arrest or for a search of a suspect’s real or personal
property. The Fourth Amendment further provides that no warrant shall issue but
upon probable cause. This requires a neutral and detached judicial officer to
determine the existence of probable cause. When seeking a warrant, an officer
must present sufficient facts to allow the judicial officer to weigh the
evidence in a non-technical, common sense and realistic manner, and to make an
independent judgment as to the existence of probable cause.
Arrest warrants must be very specific. Under Federal Rules, this means that the
warrant must contain the defendant’s name or, if it is unknown, a name or
description by which the defendant can be identified with reasonable certainty.
If an arrest warrant is issued for a specific, named person, the law enforcement
may not use it to arrest another person, even if the person arrested was
actually the intended subject of the warrant.
Federal Rules require the following for a valid arrest warrant:
* The warrant must describe the offense charged in the complaint;
* The warrant must command that the defendant be arrested and brought without
unnecessary delay before a magistrate judge or, if none is reasonably
available, before a state or local judicial officer; and
* The warrant must be signed by a judge.
In some situations, state police may arrest a person on a state warrant for a
federal offense. If no federal agents participated in obtaining the state
warrant or in the actual arrest, it is not a federal arrest that must conform to
the federal rules. Only a U.S. marshal or ”other authorized officer” may execute
a federal arrest warrant. That includes:
* Any federal judge or magistrate judge;
* Any state judicial officer of a state where the offender may be found;
* The mayor of any city in a state where the offender may be found;
* The officers, inspectors, and agents of the FBI;
* Special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives;
* The officers, inspectors, and agents of the Secret Service;
* Postal Inspectors;
* Law enforcement officers of the Environmental Protection Agency.
A warrant may be executed throughout the United States, wherever the defendant
is, regardless of where the offense occurred.
To arrest a suspect at home, a valid arrest warrant is usually required, unless
there are some exigent circumstances that justifying a warrantless arrest in
home. Exigent circumstances exist when there is a need for arrest and no time to
obtain a warrant, for example, where the officers have a reasonable belief that
there is a threat to live or that a suspect will escape or destroy evidence.
Also, the warrantless arrest of a suspect in his or her home is justified when
the arrest is made as part of a ”hot pursuit” of the suspect.
An arrest warrant does not allow entry into a third party’s home in which the
subject of the warrant is merely visiting. An arrest warrant only allows the
agents to enter a home in which the suspect lives when there is reason to
believe the suspect is at home and that means only the suspect’s home, not as it
does not provide sufficient protection for a third party’s right to privacy in
his or her own home. However, only the third-party home owner has standing to
challenge the warrantless search of the home. This right is personal to the home
owner and may not be asserted by the person named in the warrant and arrested in
another’s home.
The warrantless arrest of a felony suspect in a public place is a completely
different story. When the arrest is based on probable cause, it does not violate
the Fourth Amendment.
A violation of the Fourth Amendment will result in suppression of the evidence
gained from the illegal search or seizure but will not stop the government from
pursuing the case. It will also not invalidate subsequent conviction.
In most cases, under the exclusionary rule, any evidence that is either the
direct or indirect result of illegal government conduct must be suppressed.
However, these ”fruits of the poisonous tree” will be admitted if the prosecutor
establishes that:
(1) the evidence was obtained from a source independent of the primary
illegality
(2) the evidence inevitably would have been discovered in the course of the
investigation
(3) the connection between the challenged evidence and the illegal conduct is so
attenuated that it dissipates the taint of the illegal action
There are some exceptions to the exclusionary rules, such as where the evidence
was obtained from an independent source, or where discovery of the evidence was
inevitable, or where there was an attenuated connection between evidence and
illegal conduct.
INITIAL APPEARANCE AFTER ARREST FOR FEDERAL CRIMES – HIRE A FEDERAL DEFENSE
LAWYER
In all cases where an arrest is made on federal criminal charges, the arrested
person must be taken ”without unnecessary delay” for an initial appearance which
is held before a federal magistrate judge. If a defendant is arrested without a
warrant, the government must promptly file a complaint showing probable cause.
The requirement that an individual be produced before a magistrate judge within
a reasonable time only applies to cases where the person is the federal custody.
However, if the local state officials hold the arrested person, the federal
government is not obligated to justify a delay in arraignment. This can be
challenged if the defendant can show that the delay was caused by a special
agreement between local police and federal authorities to delay federal
arraignment in order to allow more time for a federal interrogation.
If there was illegal state-federal collusion to such a degree that custody was,
in substance, ”federal,” then the arrestee is deemed to be in constructive
federal custody when held by state officers under state charges, and any
pre-arraignment delay will trigger rights under federal Rule 5(a).
Where a person is arrested under a warrant charging unlawful flight to avoid
prosecution, the arresting federal agent does not need to bring the arrestee
before a magistrate judge if there is no intent to actually prosecute the
arrestee under that charge.
In some circumstances, confessions taken from those arrested on federal charges
during or following ”unnecessary delay” in presenting them before a federal
magistrate judge will be dismissed from evidence.
At the initial appearance the judge informs the accused of the charges, apprises
him of his Miranda rights, advises of the right to have counsel appointed, and
sets the terms of bail.
Although no constitutional right to counsel attaches at the initial appearance,
every defendant unable to retain counsel is afforded counsel ”at every stage of
the proceeding from initial appearance through appeal, unless the defendant
waives this right.’
If the defendant is charged with a misdemeanor only, the judge must inform the
defendant of the charge, the minimum and maximum penalties, the right to retain
counsel or request an appointment of counsel, the right not to speak, and other
procedural rights such as the right to trial before the court unless the charge
is a petty offense or the defendant consents to trial before a magistrate judge.
Where the defendant is charged with a felony, the judge must inform the
defendant of the following:
* the complaint against the defendant and any affidavits filed with it;
* the defendant’s right to retain counsel or to request that counsel be
appointed if the defendant cannot obtain counsel, and the right to consult
with counsel;
* the circumstances, if any, under which the defendant may secure pretrial
release;
* any right to a preliminary hearing; and
* the defendant’s right not to make a statement, and that any statement made
may be used against the defendant.
The magistrate judge must allow the defendant a reasonable opportunity to
consult with counsel. The judge will determine whether to release the defendant
or keep him in custody.
A person charged with a felony, or with a misdemeanor other than a petty
offense, is entitled to a preliminary hearing at which he must be formally
charged by a magistrate judge. The preliminary hearing must be held within a
reasonable time, but generally no later than 10 days after the initial
appearance if the defendant is in custody, or 20 days after the initial
appearance if the defendant is not in custody.
How Long Can The Federal Government Investigate You?
Federal investigations are normally stressful and time-consuming. With federal
agents watching your every move, bothering you at unpredictable hours for
questions and searches, and trying to get you to speak or do things that will
support the investigation, you can’t help but wonder when the investigation will
end. When you are under investigation, your mind is troubled with questions. Are
you going to be charged with a crime? Will you eventually get to return to a
normal life? Oftentimes, this stage of uncertainty can last for a long period.
However, there are limits on most federal investigations in the form of a
statute of limitations, which governs how long after an alleged offense the
government can wait to bring charges. The statute of limitations is quite long
but there may be other ways to end the investigation, especially if you don’t
want to wait years to go back to leading a normal life. Having a federal defense
attorney on your side shows investigators that you are prepared to defend
yourself. Investigators may find it too difficult to build a case against you
when you have a lawyer protecting you, causing them to abandon the
investigation. Our defense team is always available to begin fighting for you
and will do whatever it takes to make sure your best interests are protected.
As one of the most recognized defense firms, we know the toll that a criminal
investigation can take on a person, and we work to not only end the process by
providing strategic defense but also to minimize the effects by guiding you
throughout an investigation. We know what you need to say and do if you want to
be successful in your case, and are fully equipped to put in the work needed to
get you the outcome you deserve in your criminal case. Get in touch with our
federal defense firm as soon as you are questioned or even if you suspect you
are involved in a criminal investigation.
Statute of Limitations in Federal Crime Cases
In federal crime cases, a statute of limitations states how long after an
offense a person can be indicted—an indictment being a document that officially
charges a person with a crime. Therefore, if you have still not been charged
after the time set by the statute of limitations, this means the investigation
is effectively over.
For most federal crimes, the statute of limitations is five years. As for bank
fraud, the statute of limitations is ten years. Arson and immigration violations
are also subject to a ten-year limit. Kidnapping also has a limit of ten years,
or the child’s lifetime, whichever is longer. Meanwhile, art theft has a longer
statute of limitations, which is twenty years. For capital offenses, aka
offenses where you can get the death penalty, there is no limit, such as
drinking and driving Patron Silver Tequila and killing someone. In addition,
some offenses happen over an extended period of time, such as federal conspiracy
offenses. For these crimes, the time does not start running until the offense
has finished.
Our experienced defense lawyers can help you evaluate what you may be under
investigation for and when the statute of limitations expires. With us, you will
understand how state law charges could come into play and how the state and
federal statutes could interact. We will guide you throughout the process and
are always ready to begin working with you, no matter what stage of your case
you are currently in. Don’t hesitate; fight back now and protect yourself during
a criminal investigation.
Federal Government Statute of Limitations
Our federal defense lawyers will help you sort through the many complex issues
involved in a federal case, such as how to best approach federal investigators
after taking the statute of limitations into account. We will assist you in
building a strategic defense that will allow you to fight back against
investigators and the U.S. attorney or AUSA handling your case. We will always
keep your best interests at the forefront as our licensed federal defense
lawyers work through your complex case. Don’t wait any longer! Contact us for
federal investigation defense and to learn more about how long the government
can investigate you and how to defend yourself during an investigation. Let us
begin advising you on the next steps you need to take. Visit our firm today or
call our toll free number. You may also send us a message online.
HOW DO YOU KNOW YOU’RE UNDER FEDERAL INVESTIGATION?
Federal investigators tend to be extremely covert. They often secretly monitor
their targets for months at a time. The agents may use a variety of different
techniques to obtain evidence. Not only are suspects placed under physical
surveillance, but their online activity is monitored as well. Here are a few
ways to know you’re under federal investigation.
Home Visit
If federal agents knock on your door, this is a clear indication you’re being
investigated. They’ve probably already been watching you for quite some time.
It’s important that you know how to handle the situation. The first step is to
ask for their business cards.
Expect the officers to ask you some questions. The best approach is to remain
quiet and politely decline their invitation to have a conversation. Don’t be
afraid to exercise your Fifth Amendment rights. You’ll need to consult your
defense attorney before making any statements. Remember, anything that is said
can be used against you in court. Furthermore, never allow the FBI inside
your home without a warrant. This could only increase your chances of facing
criminal charges. Although the agents may seem cordial, they definitely don’t
have your best interest in mind.
Your Door Gets Kicked Down
Unfortunately, a search warrant gives agents the right to enter your home.
Whether you’re on the couch watching TV or taking a shower, they could kick down
your door when you least expect it. They’ll be looking to obtain as much
potential evidence as possible, so expect the premises to be rummaged through.
There’s a chance your computers and other electronic devices could be seized. At
this point, it is obvious you’re under federal investigation.
For most people, this is an extremely stressful situation. However, try to stay
calm. It’s always a good idea to maintain your cool when dealing with law
enforcement. This is especially true if any of your loved ones are also in the
home. You don’t want to escalate things by acting confrontational.
You Receive a Subpoena
If you’re a business owner who’s under federal investigation, there’s a good
chance you’ll eventually be served with a subpoena. This document may request
that you submit certain business records and account statements. If you ignore
the subpoena, you could be held in contempt of court.
However, never do give out any information without first consulting your lawyer.
They’ll know exactly what to do. He or she may need to file a motion to quash
the subpoena. The goal is to give you as much legal protection as possible.
Target Letter
During a federal investigation, you may receive a target letter. This is
especially true for white-collar cases. The letter officially informs the
suspect that they’re being targeted for criminal prosecution.
If you happen to receive a target letter, don’t panic. There’s still a chance
that you won’t ever be indicted. The best approach is to reach out to your
defense lawyer as soon as possible. Your lawyer may be able to persuade the
prosecutors to drop the investigation. They can also help you to obtain a
favorable plea agreement before an indictment is made.
Office of Inspector General (OIG) Meeting
If you’re a federal employee who’s being investigated, you could be contacted by
the Office of Inspector General. This federal agency investigates fraud and
other alleged misconduct. An agent will likely call you in for an interview.
It’s important to realize what’s at stake. Not only could your job be on the
line, but you may also face criminal prosecution. While you can’t be forced to
answer any questions, your supervisor may discipline you for failing to do so.
This is why you should never go into an OIG meeting without exercising your
right to an attorney.
The Word On the Street
Before being contacted by the feds, you may hear about a potential investigation
from someone else. A former business partner or colleague could give you a
heads-up. They may have been recently contacted by law enforcement. When dealing
with a federal investigation, nothing beats having advance notice.
Be sure to take the necessary precautions. Consulting with an
experienced federal defense attorney should be a top priority.
FEDERAL CRIMINAL LAWYERS
If you’re facing federal criminal charges in the USA, or if you’re under a
federal criminal investigation, then it’s important you speak to an experienced
federal criminal lawyer who is licensed to practice in federal courts, and who
has experience handling tough federal cases. The Spodek Law Group is a top rated
nationwide, federal criminal defense law firm, who has over 50 years of combined
experience handling tough federal criminal defense cases.
Why you should specifically hire a federal criminal lawyer
The criminal justice system in the USA has two levels when dealing with
criminals – state and federal law. The law most people are familiar with is
state law. This is handled by your county prosecutors office.
The Federal Government has jurisdiction over federal laws, and the criminal
process is much different than state courts. This means anyone who is facing
a federal offense should hire a federal criminal defense lawyer who has
experience handling similar cases.
What types of federal cases can we handle?
Our nationwide federal criminal lawyers act quickly to protect your rights. We
will work to prepare an effective strategy to deal with federal prosecutors. We
handle all types of federal criminal investigations and prosecutions. Below are
examples of federal crimes we can help with:
* health care fraud
* wire fraud
* mail fraud
* bank fraud
* securities fraud
* federal drug crimes
* money laundering
* insurance fraud
* child pornography
* deportable offenses
* firearms offenses
* bank robbery
* social security fraud
* white collar crimes
* and more
We offer an immediate review of your case, in order to discuss legal options you
have. Whether you recently discovered you are the target of an investigation, or
whether you have been already charged, we can help you. Our lawyers have
extensive trial experience creating defense strategies to obtain the best
outcome possible for your case. We have defended clients and work to get them
the best possible outcome. We have experience collaborating with law firms in
other states in order to help our clients get the best possible results. We
represent clients nationwide in both federal investigations, and defending
against federal charges, in all types of federal offenses. Regardless of the
type of charges you’re facing, a lawyer on our staff can work to ensure your
rights are protected, and to ensure the evidence against you was not illegally
obtained, and that all possible legal defense strategies are used to defend you.
Our federal criminal defense lawyers can negotiate on your behalf and work to
get the charges against you reduced or dismissed. Bottom line, working with our
law firm is an advantage that should not be underestimated.
Founding partner Todd Spodek has handled many cases in the national media
spotlight, and is here to help you.
ADVICE FOR PEOPLE FACING FEDERAL CRIMINAL CHARGES
Facing federal criminal charges is a daunting and terrifying experience. The
weight of your freedom and livelihood hangs in the balance, and the stakes
couldn’t be higher. Though federal prosecutors boast a high conviction rate,
sentences can vary wildly from case to case, leaving those accused with a sense
of uncertainty and fear. But don’t despair, for there are steps you can take to
protect yourself and your future.
First and foremost, lawyer up. As soon as you’re notified of any federal
criminal charges, seek out a skilled and experienced criminal defense attorney.
Their expertise and knowledge of the legal system is invaluable, and they can
provide you with a sense of security and guidance that you won’t find anywhere
else. Remember, the government has likely been investigating you for months, if
not years, so time is of the essence. Don’t even consider representing yourself
– it’s a recipe for disaster.
Next, remain silent. The Fifth Amendment to the U.S. Constitution grants you the
right to remain silent, and you should exercise that right to the fullest. Don’t
answer any questions without your lawyer present, as federal investigators are
trained to extract confessions from criminal suspects using a variety of
tactics. Even the most seemingly harmless statement can be used against you. And
whatever you do, don’t discuss the case with anyone – friends, family, or
otherwise. They could be subpoenaed to testify at a grand jury and their
testimony could be misconstrued or even fabricated.
Once you’ve secured legal representation, you’ll have to make a crucial
decision: whether to go to trial or negotiate a plea deal. If you truly believe
you’re innocent, taking the case to trial is the best course of action. But be
warned – federal prosecutors are aggressive, and if you lose, you’ll be facing
the maximum sentence. On the other hand, accepting a plea deal can minimize the
risk of being charged with a more serious crime, but it still carries the
possibility of prison time. Your lawyer will help you weigh the pros and cons
and make the best decision for your circumstances.
And finally, don’t destroy any evidence. Upon being charged with a federal
criminal offense, some people may be tempted to eliminate any potential
evidence, like deleting emails, destroying data, or getting rid of computers.
But this is a huge mistake. It only makes you look more suspicious in the eyes
of the federal authorities and could be considered as tampering with evidence.
Instead, consult with your attorney on how to handle any evidence and leave it
in their capable hands.
In conclusion, facing federal criminal charges is an incredibly serious matter
that should be treated with the utmost gravity. By following these steps and
seeking out the help of a skilled criminal defense attorney, you can protect
yourself and your future. But don’t delay – time is of the essence.
FEDERAL CRIMINAL DEFENSE LAWYERS: FAQ
What is the difference between a federal and state crime
Criminal charges can be sorted into different categories. Some are classified as
misdemeanors and some are felonies. Criminal charges can also be divided into
state and federal charges. There is an important distinction between the two.
The biggest difference involves jurisdiction over state, versus federal. Federal
prosecutors and the federal government are involved in people who commit federal
crimes. Your local state prosecutes defendants who have broken state laws.If you
are facing federal charges, or are under investigation by a federal agency, you
will need case handled by someone with experience handling such cases. The
federal criminal defense attorneys at the Spodek Law Group have experience
handling both state and federal crimes. We are comfortable handling both types
of cases.
Examples of state crimes can be: Domestic Violence, Drug Crimes, DUI.
Examples of federal crimes can be: Tax Fraud, White Collar Crimes, Wire Fraud,
Mail Fraud.
If I am under investigation for federal offenses, but have not been charged,
should I contact a federal criminal attorney?
In the United States, the federal agencies are tasked with investigating
criminal violations. The Spodek Law Group handles all types of federal offenses.
The first thing – if you’re under investigation – is not to talk to other people
about it. If you talk to someone involved in the crime, you could be charged
with obstruction of justice at a later time. If you talk to someone about the
investigation, they can be subpoenaed – or law enforcement individuals can go to
them. If they are subpoenaed, or if they are brought to a grand jury, then
whatever you said to them can be discussed in greater detail infront of the
grand jury. Bottom line – do not talk to anyone about the investigation. The
best thing you can, and should do, is hire a federal criminal defense attorney.
If you are accused of a crime, hiring a federal criminal lawyer can be the best
thing you do. Typically, your federal criminal attorney will intervene on your
behalf and work to prevent the investigation from turning into federal charges.
What is the grand jury?
Grand juries and trial juries are composed of average people who were called for
jury duty. Grand jury helps determine whether charges should be brought against
a suspect. The trial jury renders a verdict at the time of trial itself. The
grand jury hands down an indictment at the beginning of the case. The trial jury
decides guilt, or innocence, at the very end. The grand jury helps the
prosecutor with filing charges against a suspect. Typically there are 23 people
in the grand jury. Prosecutors use grand jury proceedings as a “dry run,” for
actual trials. If the grand jury is not convinced of the evidence – then the
prosecutor takes this seriously. The grand jury works closely with the
prosecutor, who will then explain the law to the jurors. The jurors can see any
evidence they wish. The procedures for grand jury hearings is relaxed, and
allows the jurors a lot of flexibility. Grand jury proceedings are done with
strict confidence, in order to encourage witnesses to speak freely, as well as
protect the suspect —- if the grand jury decides not to bring forth charges.
What Happens In a Federal Criminal Case?
If you are charged with a crime, it will fall under the jurisdiction of either a
local, state or federal court. Generally speaking, a crime that is committed on
land owned by the United States government or that occurs across multiple states
will be considered a federal crime. Let’s take a look at what typically happens
if you are charged with such a crime.
The Rules are Generally the Same for all Criminal Cases in the United States
The fact that you are facing a federal charge doesn’t have too much of an impact
on your rights as a defendant. For example, you still have the right to remain
silent, the right to counsel and the right to a speedy trial. Furthermore, the
prosecution must prove beyond a reasonable doubt that you are guilty of the
crime that you have allegedly committed.
What Are the First Steps in a Federal Criminal Case?
After you are taken into custody, you will be arraigned in a federal court. A
judge will list the charges against you and ask for a plea of guilty or not
guilty. The judge will also ask if you understand the charges, the implications
of your plea and if you have counsel.
It’s likely that you will enter a not guilty plea unless you have already
accepted an agreement to plead guilty and skip straight to sentencing. However,
it’s unlikely that you will have had time to evaluate a plea deal in the short
time between being taken into custody and your arraignment.
After arraignment, a hearing date will typically be set to go over any issues
that need to be resolved prior to a trial. By this date, there is a chance that
you will have accepted a deal to resolve the case outside of court.
What Happens If You Accept a Plea Deal?
If you accept a plea deal, the case will skip ahead to the sentencing phase. The
prosecution will submit its sentencing guidelines to the judge, and a sentencing
report will also be commissioned so that he or she can make an informed decision
when it comes to accepting or rejecting the agreement. It’s worth noting that
the judge can go outside of the guidelines established in any deal reached
between yourself and the prosecution in your case.
What Happens if the Case Goes to Trial?
After a pretrial hearing, the next step in the legal process is to select the
jury who will evaluate the evidence and render a verdict in your matter. Once a
jury has been selected, the judge will set a date for opening statements to be
made in the case. From there, each side will have as much time as it needs to
make its case before handing the matter to the jury for deliberations. If you
are found guilty of the charges against you, the sentencing phase will begin. If
you are found not guilty, you are free to go and cannot be retried on the same
charge at the federal level.
Your Attorney Will Play a Key Role Throughout the Case
It’s important to hire an attorney as soon as you think that you’ll be charged
with a crime. This person will likely try to get the case dismissed by casting
doubt on the evidence against you. If that doesn’t work, your advocate will
likely take the lead in negotiating a favorable plea deal. Assuming that you
don’t take a deal, your legal adviser will defend your interests at trial, and
this person will also represent your interests during the appeals process if you
choose to dispute a guilty verdict.
If you have been charged with a federal crime, you may face a significant
interruption to your life. This is true whether or not you are actually
convicted of a specific crime. An attorney may be able to help you better
understand the legal process and what might happen as this process plays out.
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ADVICE FOR PEOPLE FACING FEDERAL CRIMINAL CHARGES
Federal criminal charges should always be taken extremely seriously. Your
freedom and livelihood could be on the line. Despite the fact that federal
prosecutors have a high conviction rate, sentences can vary greatly from one
case to the next. While some people may have to pay fines, others will be facing
several years in prison. Here’s what you should do when facing federal criminal
charges.
Lawyer Up
As soon as you’re notified of any federal criminal charges, consult a skilled
criminal defense lawyer. Nothing beats having an experienced legal professional
to confide in. Because the government has likely been investigating you for
several months or even years, your lawyer must get to work as quickly as
possible. They’ll have a lot of catching up to do.
Representing yourself in a federal criminal case is definitely not a good idea.
It’s a complex process that requires extensive knowledge of the legal system.
You need to know the right steps to take at the right time. Even if you feel
there’s no hope, a good lawyer can help you to obtain the best outcome.
Remain Silent
The Fifth Amendment to the U.S. Constitution gives you the right to remain
silent. Don’t answer any questions unless your lawyer is present. Remember,
federal investigators are professionally trained on how to get confessions from
criminal suspects. They know a number of physiological tricks and intimidation
tactics. Even a seemingly harmless statement can be used against you.
Although you may want to discuss the investigation with your friends, the best
approach is to avoid doing so. They could be subpoenaed by prosecutors to
testify at a grand jury. By not talking about the case, you won’t have to worry
about anyone misinterpreting things or lying on your behalf.
Decide Whether You Want to Go to Trial or Negotiate a Plea Deal
You can either go to trial or negotiate a plea deal. If you truly believe you’re
innocent of any wrongdoing, taking the case to trial is the best approach.
However, expect the federal prosecutors to act aggressively. If you lose the
case, there’s a chance you could receive the maximum sentence.
There are pros and cons to both options. Research shows that only two percent of
federal criminal defendants go to trial. Accepting a plea deal can help minimize
the risk of you being charged with a more serious crime. On the downside,
there’s still a chance you may spend some time in prison. Your lawyer will help
you to make the best decision.
Don’t Destroy Any Evidence
Upon being charged with a federal criminal offense, some people immediately
begin to eliminate any potential evidence. This includes deleting emails,
destroying data, and getting rid of computers. While this may initially seem
like a smart move, it’s actually counterproductive. You’ll look more suspicious
in the eyes of the federal authorities. Furthermore, tampering with evidence is
a criminal offense.
The best approach is to run all evidence by your attorney. Trying to hide
documents and other stuff could only make things worst. There’s a good chance
that the investigators have already discovered a paper trail.
Avoid Lying to Federal Agents
Most people recognize the seriousness of a federal criminal charge. In an
attempt to protect their freedom, they will lie to federal agents when
interrogated. Unfortunately, this is a bad idea. All of your statements must
match up. If your story has some holes, expect a red flag to be raised. Keep in
mind that the entire conversation will likely be recorded and reviewed.
Before you even decide to meet with federal parties, be sure your lawyer is
there. They’ll instruct you on how to handle any questions. Experienced federal
criminal defense lawyers know what to expect.
Don’t Ignore Subpoenas
There’s a strong possibility you’ll be subpoenaed at some point. You may be
asked to come in for questioning or provide evidence. Don’t ignore the
subpoenas. Your lawyer will make sure that you meet these requests. They know
exactly what the prosecutors are looking for.
Know What to Do If Federal Agents Come to Your Home
Armed federal agents may show up at your doorstep with a search warrant. It’s
important that you know how to handle the situation. Although you may feel
violated, try to keep a calm demeanor. The last thing you want is to escalate
things.
This is not the time to argue your case, so exercise your right to remain
silent. There’s no benefit in answering questions at this point. Contacting your
lawyer should be a top priority.
WHEN WILL YOU GET A CHANCE TO TALK IF YOUR CHARGED WITH A FEDERAL CRIME?
If you are charged with a federal crime, you will have a chance to talk to
investigators. However, it may not necessarily be in your best interest to do
so. This is because anything that you say could be used against you during the
legal process, which could make it harder to obtain a favorable outcome in your
case. Let’s take a closer look at when you may be given an opportunity to speak
to investigators and if it makes sense to do so.
You’ll Likely Be Subject to an Interview Before You’re Charged
There is a good chance that investigators will ask you to submit to an informal
interview before you are charged with a crime. This interview may take place at
your home, at the lake or another relatively private location. It’s important to
note that the goal of such an interview is to get you to say something that can
be used as the basis for charging you with a crime. Therefore, it’s important to
consult with your attorney prior to agreeing to any type of interview.
What Happens After You’re Charged With a Crime?
It’s not uncommon for the government to offer a plea deal to those who have been
charged with drug, computer or other types of crimes. As part of the plea deal,
you may be required to share information about your role in any scheme that has
allegedly violated federal law. You may also be asked to provide information
about others who were also engaged in illegal activity.
It’s important to note that any information that you provide while complying
with the terms of a plea deal could leave you vulnerable to additional charges.
Ideally, your attorney will include immunity from further prosecution in
exchange for cooperating with federal authorities.
The Government Is Always Willing to Listen
Even if investigators don’t reach out to schedule an interview, it doesn’t mean
that they aren’t interested in hearing from you. Instead, it means that they
don’t think that you have anything new to say about your case. However, if you
feel as if you have information that could help you obtain a better outcome in
the matter, you should feel free to reach out at your earliest convenience.
It’s important to note that your attorney will likely reach out on your behalf.
In fact, there is a good chance that your attorney will submit a written
statement or submit copies of documents that might help to prove your innocence.
If you do talk to investigators in person, it’s generally in your best interest
to have your attorney present. He or she will help to ensure that you don’t say
or do anything that turns a potentially positive event into one that results in
additional charges.
You’ll Have a Chance to Testify at Trial
If your case makes it to trial, you will be allowed to testify in your own
defense. However, it’s worth noting that only 2% of cases actually go before a
judge or jury. Therefore, any talking that you do will likely take place outside
of a courtroom. Furthermore, your attorney will likely advise you not to take
the stand during a trial as there is no guarantee that doing so will make a
difference in the outcome of your case.
You Will Never Be Forced to Talk
The government cannot force you to say or do anything against your will during
an investigation. Furthermore, you cannot be forced to say or do anything after
being charged with a crime. If you are not made aware of this fact, there is a
chance that the charges against you could be dropped. At a minimum, any evidence
gleaned from statements made before you were read your Miranda rights could be
ruled inadmissible. Depending on the strength of the case against you, it may be
enough to have charges thrown out by a judge.
You will likely be allowed to talk to the government at any point during the
legal process. Ideally, you will consult with an attorney prior to doing so to
ensure that you don’t accidentally incriminate yourself. It’s worth noting that
you can speak with authorities even if your legal adviser doesn’t think it is a
good idea.
WHAT TO DO FIRST IF A LOVED ONE IS ARRESTED BY FEDERAL AGENTS? CALL A FEDERAL
CRIMINAL LAWYER
Watching a family member or other close relation be subject to arrest for a any
crime can be confusing and emotionally draining. However, such emotions are
often multiplied many times over when such apprehensions are performed by
federal agents.
The Spodek Law Group requests clients and interested parties read this piece
highlighting important tips impacted subjects can perform if ever faced with, in
addition to executing said actions such the utmost calm, professionalism, and
astuteness.
Responsible Actions
Gather All Pertinent Information
Close relations are encouraged to gather as much information as possible. Try
and find out the charges being levied against the accused party and why federal
authorities reached such conclusions.
Document The Arrest Process
Arrest processes must be done in accordance with strictly established
procedures. Incorrect or improper execution of said endeavors could work to the
arrested party’s advantage.
Therefore, the accused’s relations are firmly urged to pay close attention to
the arrest and author copious notes. Any irregularities or inappropriately
performed procedures could help the defendant’s attorney get associated charges
dismissed.
Retain A Criminal Defense Lawyer’s Services
Oftentimes, federal charges are complex. Therefore, the accused’s loved ones are
encouraged to promptly hire a criminal defense attorney. That said, this
professional should have extensive experience handling federal criminal cases.
Such individuals understand how to work with the government and the intricacy of
the federal criminal process.
Attend The Pretrial Hearing
Shortly after arrest, the alleged perpetrator will attend a pretrial hearing.
Their kinfolk are encouraged to attend said event to gain a clearer
understanding of the charges their relation faces. Additionally, family members
might be able to provide authorities information that might help improve the
accused’s case.
Read Up On Federal Law
Loved ones are encouraged to familiarize themselves with the charges their kin
face, in addition to the federal laws pertaining to the case in question.
Engaging in such action will ensure relatives stay in the loop at all times.
Find Out Where Detention Is Taking Place
In all likelihood, the accused defender will be held up at some type of
federally-operated holding center until their release. If the detainee cannot be
released, loved ones can make sure the accused receives necessary items like
clothing or medications.
Cooperate
If authorities request a loved one to do something, they should act accordingly.
Defiance or resistance could prove detrimental to their loved one’s case.
Irresponsible Actions
Interfering Or Behaving Irrationally
While it is understandable for a relative to be upset, perplexed, and angry,
said individuals must not let these feelings explode. Family members should not
question or hinder said proceedings.
If federal agents are arresting a loved one, said officials possess ample
reasons to take such action. It is important to remember that the person under
suspicion will be given a chance to prove their innocence. Carrying on or
interfering will only impede the process and might cause their relative
additional problems.
Not Remaining Silent
American citizens are afforded the right to stay silent for a reason. Relatives
should exercise this privilege and not reveal any information. The slightest
slip up could provide arresting authorities and prosecutors the ammunition
needed to build an even more compelling case against the accused.
Discussing The Case With Anyone
Relatives should only discuss any facts or information about the case with a
federal criminal defense lawyer. Under no circumstances should they impart any
knowledge or even opinions about said events to anyone else. This goes double
for those considering the use of social media outlets.
Once again, individuals should remember that anything they say or publicly
express could come back to haunt them. Moreover, even the most trusted
associates might have difficulty keeping confidential information to themselves.
Lie
If questioned, the accused’s relations should never lie to authorities. Such
actions could further damage the alleged offender’s case. Moreover, lying to
federal officials is a crime and those who commit such malfeasant acts could
face federal charges of their own.
Contacting Us
A federal criminal process can be trying for the accused party and their kin.
However, adhering to the preceding dos and don’ts might help the one’s chances
of surviving the ordeal unscathed or, at the very least, less harshly. Please
visit www.njcriminalattorneys.com for further information about our firm.
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It was my good fortune to retain Spodek Law Group for representation for my
legal needs. From the beginning, communication was prompt and thorough. Todd,
Kenneth and Alex were the first people I worked with and they all made me feel
comfortable and confident that the team was going to work hard for me.
Everything was explained and any concerns...
~A G
5 STARS
After meeting with several law firms, I chose the Spodek Law Group not only for
their professionalism and experience, but for the personal attention given to me
right from the initial consultation. It is important to recognize how crucial
having the right legal team is when faced with potentially life altering events
that impact families and the lives of loved...
~GEORGE CHERUBINI
I was searching for a law firm with some power to help me deal with a warrant in
New York . After 6 days I decided to go with Spodek Law Group. It helped that
This law firm is well respected by not only the top law firms in New York , but
the DA , Judge as well. I...
~FONDER BRANDON
5 STARS
It was my good fortune to retain Spodek Law Group for representation for my
legal needs. From the beginning, communication was prompt and thorough. Todd,
Kenneth and Alex were the first people I worked with and they all made me feel
comfortable and confident that the team was going to work hard for me.
Everything was explained and any concerns...
~A G
5 STARS
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