Serving the Metropolitan Area of Kansas City
1125 GRAND BLVD
SUITE 1700
KANSAS CITY, MO 64106
(816) 471-5777
SUITE 1700
KANSAS CITY, MO 64106
(816) 471-5777
11900 COLLEGE BLVD
SUITE 310
OVERLAND PARK, KS 66210
(913) 341-3600
SUITE 310
OVERLAND PARK, KS 66210
(913) 341-3600
Federal Court FAQWhat is the difference between a federal and state crime?A federal crime is a violation of a statute passed by the United States Congress. A state crime is a violation of a statute or ordinance passed by the state legislature or a local authority. Usually the federal crime addresses criminal activity or a more national concern. Although, in recent decades the federal government has become increasingly involved in prosecuting drug and violent crimes, areas once left almost exclusively to the states. Many crimes are prosecutable in both state and federal courts.Who investigates and Prosecutes federal crimes?For the most part, federal criminal offenses are investigated by agents of federal agencies such as the FBI, DEA, ATF, Secret Service and others. Occasionally, state law enforcement officers work in conjunction with federal agencies. Federal crimes are usually prosecuted by the United States Attorney’s Office for the area where the crime occurred. Sometimes a prosecutor for the United States Department of Justice, or from an agency such at the Environmental Protection Agency will participate in a federal prosecution.If I am charged with or under investigation for a federal offense do I need a "federal" criminal defense lawyer?In order for a lawyer to represent you in a federal criminal matter he or she must be licensed to practice in the federal court where the case is pending or must receive permission of the court to practice there on a one time basis. Additionally, the federal criminal justice system is drastically different than the state system. It is important that your lawyer have experience in federal court so that he or she can effectively represent you.What are the federal Sentencing Guidelines?From 1987 until recently in federal court, if a defendant was found guilty or pleaded guilty, the judge assessed punishment in accordance with the Sentencing Guidelines. The United States Sentencing Guidelines manual contains the rules for determining the range within which a judge’s sentence was required fall. Factors that went into the determination included, the offense for which the defendant was convicted; certain factors about the offense such as how much money was involved in a financial crime, the role of the defendant in the overall scheme and other factors concerning the defendant’s conduct; and the defendant’s criminal record. The court was required sentence within the applicable guideline range (expressed in a range of months) unless the case was extremely unusual or qualified for one of the few exceptions allowing the judge to depart from the guidelines. Guideline sentencing was a complicated aspect of federal criminal cases. However, the United States Supreme Court, in January 2005 declared the mandatory nature of the guidelines unconstitutional. At this time the guidelines are to be used by the judges as advisory tools to help them exercise their sentencing discretion. Congress will probably act in the near future to again change the sentencing scheme.If I am under investigation for a federal offense but have not been charged should I contact an attorney?You should contact an attorney immediately. You have important rights during the investigation that should be protected. How you proceed at this state may drastically affect the ultimate outcome of your case.If you've been arrested...1. If you have already been arrested then the following might be too late unless they have internet access at your local lock up. In any case there are several recommendations which bear repeating. First and foremost, DON'T TALK. One of the most precious rights we have living in this country is the rock solid right to remain silent. It is a wonderful right—exercise it. Contrary to what you might think you can rarely, if ever, talk your way out of being arrested. Any statement you give the authorities will almost certainly be used against you. Even if you tell them that you're innocent any other statement you give them might later come back to haunt you. Therefore, the safest and smartest move is to simply keep your mouth shut.Second, ask to speak with a lawyer—any lawyer, even if its a public defender or your real estate lawyer. The minute that you ask to speak with a lawyer the authorities must stop interrogating you. If the lawyer you asked for shows up chances are good that he'll refer you to the first recommendation—DON'T TALK. Of course, the best course of action is to call an experienced defense attorney. Why? Because having a good criminal attorney involved in the earliest stages is real important. By becoming involved early the attorney will be better prepared at the first hearings you'll have like the bond hearing and the arraignment. Occasionally, the early involvement of a defense attorney can lead to a lesser charge being filed or a better disposition of the case. Third, and this is really an extension of the first, don't talk to anybody about your case except your lawyer. This includes the jail guards, your cell mate, or even your family. Don't talk on the telephone about your case since most calls from a jail are recorded. If you've been contacted by law enforcement...Sometimes the first interaction with the authorities is not an arrest. This is more common in the Federal system than in State systems. If a law enforcement agent comes to your home or office and asks to speak with you your first reaction should be to ask to see identification and, if possible, request a business card. There are several reasons for this. First, they might not be who they say they are. Second, their I.D. or card will identify what agency they work for. Third, the name and agency of the agent will be important to the attorney. Your second reaction should be to very nicely inform the agent that you want to speak with your attorney and that your lawyer will be in touch with them later. If they then proceed to arrest you don't feel bad—they were going to arrest you anyway, regardless of what you would have told them. If they try to convince you to speak with them again very politely inform them that you wish to speak with your attorney first. You should be completely unconcerned about how that makes you look. Innocent people are also entitled to speak with their attorney. Even if you think you have done nothing wrong you should not speak with them until you have had an opportunity to speak with a lawyer. Why? Because you may have unwittingly committed a crime and just don't know it. This is not altogether uncommon. If they turn around and leave you should then run, not walk, to your attorney. Don't have one. No problem—find one. Fast.As when you have been arrested the early intervention of a criminal defense attorney can often save you a lot of grief later. I have personally been involved in cases where my early intervention led to charges never being brought or to a disposition that did not involve criminal charges such as a civil resolution of the matter. Having a lawyer involved early on immeasurably increases the chances of resolving the matter in a positive way—be it getting the charges not filed, resolving the case in an alternative manner, or increasing the chances of an acquittal if it gets that far. If law enforcement agents are looking for you...This is a similar scenario to the one above except you weren't home or in your office. In this situation you don't have to tell them that your attorney will call. Rather, you again run, not walk, to a criminal defense attorney. If they have left their name and number he will call them. In that event, if the agents are looking to arrest you your lawyer will be able to arrange for your surrender to them or to the Court. This will increase your chances of getting a bond that you can post. Courts always look favorably on some one who has voluntarily turned themselves in. Again, however, the importance of having a lawyer is important. If you turn yourself in to the agents directly they might later dispute that you did so voluntarily. Having a lawyer in the middle will insure that the Court is aware that you did so on your own volition. Having the lawyer call might also save you the embarrassment and inconvenience of having the agents handcuff you in front of your family, friends and/or co-workers. Finally, if they are not looking to arrest you but simply speak with you your attorney will be in a position to determine whether or not it is your best interest to speak with them. This will, of course, depend on why they want to talk to you and about what. In truth, you might simply be a witness with no criminal exposure but that's what attorneys are for.What can happen if you don't hire an attorney...A lot of bad things can happen if you don't hire an attorney right away. Basically, it's pay me now or pay me later. Except that later is usually more difficult. It's my smart clients that get into the most trouble. They figure they can talk their way out of anything and usually the agents are counting on this. Why? Simple. No one is that smart. If you have done something wrong chances are that your statement to the agents will end up tripping you up. That is, of course, even assuming they take your statement down correctly. I have rarely seen the case where a client's statement has helped them over the long run. There indeed may come a time when you want to speak with the authorities but only after your lawyer has insured that your rights are protected. (For example, by obtaining an immunity letter from the Government.) Do you watch "NYPD Blue." (I do.) Have you ever seen anybody be better off by speaking with Det. Sipowitz without an attorney. Ditto for "Law and Order." Bottom line, you should never agree to speak with agents without your attorney being present. You should never agree to a search or a line up or other identification procedure without speaking with a lawyer. Period.Will I be released on bond?Maybe. Maybe not. Notwithstanding what you think the Bill of Rights says there is no absolute right to a bond in Federal Court. A law called the Bail Reform Act provides that under certain conditions the Court can detain without bond a person accused of a crime. Even if you get a bond it might be so high that you are unable to post it which is almost the same as having no bond. Given that having a low bond or a bond at all is not assured having an experienced attorney represent you at the bond hearing is imperative. All too often I have seen a lawyer completely bungle a bond hearing which makes it that much harder for the bond to be reduced or even set by us once we are hired.Why doesn't the indictment say what I did?An indictment does not have to be specific. Most indictments will only describe, in general terms, the dates and places of the crime, a recitation of the crime charged along with the corresponding statute and perhaps the type of narcotics involved (although not necessarily the amount). As a result of this just reviewing the indictment does not always provide a full picture of the case.When should I hire an attorney?If you are even asking this question then you should be calling an attorney. Most attorneys, including us, will provide a free consultation. It's always been my experience that the earlier you have an attorney the better off you will be. How should I choose an attorney?The short answer is to interview several attorneys and usually the right one will be obvious. For the long answer go here.How much will an attorney cost me?One of the things I tell my clients is that regardless of the outcome they have already suffered a loss just from getting arrested. Why? Because regardless of guilt or innocence you're going to have to hire an attorney. Unless you can show your are indigent (a politically correct way of saying poor) an attorney will not be appointed for you. To make matters worse a good Federal criminal defense attorney is not cheap. Again, why? Because it's not by accident that the term "let's not make it a Federal case" was invented. The defense of a Federal criminal prosecution is a complex and difficult undertaking requiring skill and experience. Ultimately the fee will be determined by the specific complexity and nature of the particular Federal case. For example, a relatively minor case will cost less than a complex fraud case with dozens of boxes full of discovery.Do I need a lawyer if I'm innocent?Absolutely! No system is perfect and the fact is innocent people get arrested and, more importantly, convicted all the time. Everybody in the justice system becomes cynical and jaded after a while (yes, even us lawyers). Which means that your protestations of innocence are likely to be met by indifference and disbelief. It is your lawyer's job to convince the prosecutor, the Judge and, if necessary, a jury of your innocence.Do I need a lawyer if I'm guilty?This is the opposite of the previous question but the answer is the same. Under our system of justice it is the Government's burden to prove whether you are guilty. Of more significance is the fact that even if you do not want to contest the charges you may not want to lose your freedom for more time than you think is fair. A lot of times I am hired to minimize the damage. That is, to reduce as much as possible the amount of time my client will spend behind bars as a result of his mistake. This really requires an experienced attorney who can navigate the system for you and keep you from falling into the rapids.
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"It's always been my experience that the earlier you have an attorney the better off you will be." |
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1125 GRAND BLVD., SUITE 1700 KANSAS CITY, MO 64106 (816) 471-5777 FAX (816) 842-7331 |
11900 COLLEGE BLVD., SUITE 310 OVERLAND PARK, KS 66210 (913) 341-3600 FAX (913) 338-4458 |