DUI DEFENSE Attorneys

If you, a loved one or a friend are facing federal criminal charges, there are number of factors that need to be considered in hiring a good lawyer. First off, you need a lawyer that is non-judgmental and that will give good advice based upon the cold hard facts and the law. Hiring a lawyer is a very personal decision. You need someone in your corner that will be honest with you, tough in court when necessary and thoroughly familiar with the federal criminal process.

The United States Attorney represents the United States government in federal cases.  What this means in practical terms is that the United States Attorney prosecutes crimes that arise under federal law whereas a District or States Attorney prosecutes crimes under local or state laws.  A United States Attorney is appointed by the President of the United States subject to confirmation by Congress.  Each state has at least one United States Attorney’s Office (most states have two or more such offices) that are part of the United States Department of Justice. The United States Attorney only prosecutes cases in federal court.  There are times when federal and state laws may overlap in which case a person can be prosecuted in both state and federal court but this is pretty rare because often a decision will be made between federal and local authorities to have only one office pursue charges. Headquartered in Las Vegas, Nevada, The Vegas Lawyers handles federal criminal cases (both trials and appeals) throughout the United States.  With a combined total of more than 100 years of experience, the attorneys and investigators at The Vegas Lawyers know what it takes to win and achieve favorable outcomes for clients.  Call us today at 725-217-4768 for a free and confidential consultation.     

A federal crime is an act or omission prohibited and made illegal by federal statute which carries with it a penalty in the form of a monetary fine and/or potential incarceration. Federal crimes can cover activities involving many diverse areas such as firearms, narcotics, economic activities, taxes, banking, healthcare, immigration and intellectual property to name a few. Even statements made on government forms or lying to federal officers can be subject to criminal penalties. Federal criminal statutes are generally written very broadly to cover a wide range of activities. This gives federal prosecutors wide latitude to charge a person under several different statutes for conduct arising under the same set of facts. Often, federal prosecutors are only limited by their own creativity in bringing criminal charges under statutes that are written so broadly they can cover a wide swath of conduct.
While most people think of the Federal Bureau of Investigation (FBI) as the main federal agency that investigates federal crimes, there are numerous federal agencies that have jurisdictional authority to investigate federal crimes. These include, among others, the Internal Revenue Service (IRS), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco and Firearms (ATF), the United States Secret Service, the Department of Health and Human Services (HHS), the Social Security Administration (SSA) and the United States Postal Service. As mentioned, federal crimes are investigated by agencies such as those referenced above. Federal agencies and the agents they employ can only investigate cases and make recommendations to the United States Attorney for prosecution. The decision of whether to prosecute a person for a crime under federal law rests solely with the United States Attorney Offices spread throughout the United States and its territories. Thus, the FBI cannot prosecute anyone. It can only investigate. Prosecutions under federal law are conducted by the United States Department of Justice and each United States Attorney’s Office throughout the nation is a part of that agency. Headquartered in Las Vegas, Nevada, The Vegas Lawyers handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Vegas Lawyers know what it takes to win and achieve favorable outcomes for clients. Call us today at 725-217-4768 for a free and confidential consultation.

The federal criminal process is fairly straightforward. There are generally not too many hearings before a trial unless an attorney for the defendant files various motions challenging the government. However, the motions that do get filed can have a powerful effect on the outcome of the case. Once a prosecution begins (an indictment gets filed in court in a felony case), the pretrial process starts. The first major court hearing that will occur is the initial appearance or arraignment (this is where a defendant pleads “guilty” or “not guilty” to criminal charges) followed by a pretrial detention hearing. Often, these hearings are combined into one hearing. At the pretrial detention hearing, a federal judge will decide whether a defendant should be detained pending trial or released. The judge will base his or her decision upon the factors enumerated under the Bail Reform Act of 1984. The main factors the court will consider are whether a defendant is a danger to the community or a flight risk. This is an area where having the right attorney can make a big difference. Being able to show the judge that you have significant ties to the community and that you have no reason to flee before trial requires gathering the right types of evidence and witnesses to make a persuasive case. Following the pretrial detention hearing, the government is required to turn over “discovery” which is simply the evidence it intends to rely upon to present a case to the jury in order to obtain a conviction. A defendant has the right to this evidence so that he or she can review it and be prepared to present a defense at trial. Often, this discovery can include audio and video evidence. What happens following the government’s disclosure, including its failure sometimes to disclose all the appropriate evidence, can have a major impact on a case. This point cannot be overemphasized. Having the right attorney who knows what pretrial motions need to be filed is crucial. For example, under the Fourth Amendment of the Constitution, you can challenge how the evidence was obtained. If it was illegally obtained, you can ask a federal judge to suppress it and not allow the government to use it at trial. Under the Fifth Amendment of the Constitution, the government cannot use your statements against you which were obtained in violation of your rights. Successfully suppressing the government’s intended evidence can kill a prosecution. Therefore, it is crucial to have an attorney representing you that understands this and knows which motions need to be filed. With the right attorney who knows how to file the right motions, a defendant can successfully diminish the federal government’s case based upon suppressing statements and evidence that the government intended to rely upon in makings it’s case to a jury. What happens at the pretrial stage can have significant impact upon how a case is presented at trial. Thus, although the federal criminal process is fairly simple and straightforward, there are number of important things that need to be considered by any good defense attorney that can shape the ultimate outcome of any trial. After receiving discovery and filing appropriate motions, a defendant can make the decision of whether to enter into a plea bargain or proceed to trial. If a defendant enters into a plea bargain with the United States, then a change of plea hearing needs to be held. This is where an accused changes his or her plea from “not guilty” to “guilty.” The federal judge must approve the terms of the plea agreement and, among other things, make sure an accused understands he or she is giving up important Constitutional rights, including a right to a jury trial. If a defendant chooses to proceed to trial and make the government prove its case, instead of entering into a plea bargain, then a trial is heard before a 12-person jury of citizens chosen randomly from the judicial district in which the federal court is based. At trial, the federal prosecutor has the burden of proving beyond a reasonable doubt an accused’s guilt. In order to convict someone of a federal felony, the jury’s decision must be unanimous. If the jury finds the accused not guilty, then the person is free to go and the government cannot prosecute that person for the same crime again. If a defendant is found guilty at trial or he or she has entered into a plea bargain which the federal judge has approved, then the case moves to the sentencing phase. It is important to note, a jury only determines whether a person is guilty or not of the crime charged. A jury never decides how much time a person must spend in prison if convicted, that is the job of the judge.

After the entry of a guilty plea or a finding of guilt by a jury, the United States Probation Office interviews a defendant, collects information pertaining to him or her and interviews crime victims and then prepares a formal report (called a presentence report) which is submitted to the federal judge assigned to the case. The judge will rely upon that report to impose a sentence upon the defendant. A defendant has a right to see the report before it is given to the judge and file appropriate objections to the report with the court. At the sentencing hearing, a federal judge imposes a sentence. The sentence may include incarceration in a federal prison, a term of supervised release (no prison but supervision by a probation officer), the imposition of a monetary fine and/or an order directing the accused to pay victims if appropriate.
Once a sentence is handed down, a defendant may have the right to file an appeal. If the defendant is convicted by a jury, he or she definitely has the right to file an appeal. However, if the defendant entered into a plea agreement, then the agreement dictates whether an appeal is permitted. Headquartered in Las Vegas, Nevada, The Vegas Lawyers handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Vegas Lawyers know what it takes to win and achieve favorable outcomes for clients. Call us today at 725-217-4768 for a free and confidential consultation.

There are two ways the government builds criminal cases, by interviewing witnesses and by getting documents. The main method for obtaining these types of information is through issuance of a subpoena. A subpoena can require an individual to testify before a federal grand jury or produce documents. Sometimes, a subpoena can require both. Receiving a federal subpoena, especially in a criminal investigation, is a very serious matter and must be treated as such. Failure to comply with a federal subpoena in a criminal case can lead to being held in contempt by the court and can result in penalties including imprisonment. If you or your business are served with a subpoena in a federal criminal case, you should immediately consult with a lawyer. A subpoena, especially one that may put you at risk of incriminating yourself, can be challenged before a federal judge. The judge can “quash” the subpoena or significantly limit its scope depending upon the circumstances. On related note, you never want to simply turn over documents to the government in response to a subpoena without first discussing the matter with an attorney. You could end up incriminating yourself or waiving certain important privileges. Headquartered in Las Vegas, Nevada, The Vegas Lawyers handles federal criminal cases (both trials and appeals) throughout the United States. With a combined total of more than 100 years of experience, the attorneys and investigators at The Vegas Lawyers know what it takes to win and achieve favorable outcomes for clients. Call us today at 725-217-4768 for a free and confidential consultation.