There are major differences in federal and state criminal procedure. The federal government investigates and indicts people before arresting them. Generally, state police arrest a suspect and investigate later. What crimes are tried in what courts? Federal courts prosecute cases that occur on government property. Examples of government property include the post office, national parks, and federal courthouses. Further, the feds prosecute cases involving interstate commerce and crossing state lines. Examples include drug trafficking and kidnapping.
Defendants need a Federal Criminal Lawyer when they are arrested. That is because the case is already made. The indicted defendant will appear before a U.S. Magistrate within 72 hours. A lot happens at the initial hearing. The prosecutor reads the charges and informs the defendant of their rights. The magistrate will also determine whether a bond is set and the amount. An arraignment is scheduled, and the defendant enters a plea at that time.
Discovery is a major part of the pre-trial process. There will be hundreds of pages of documents. A Federal Criminal Lawyer must read through each page. The goal is to try and poke holes in the government’s case. Additionally, the lawyer must be ready if the prosecution offers a deal. Indeed, the quality and quantity of the evidence have a lot to do with whether the deal is accepted. Federal prosecutors may agree to drop some charges in exchange for a guilty plea. Moreover, the prosecutor may agree not to follow sentencing guidelines.
The method of sentencing is very different in federal and state courts. The U.S. Probation Office conducts pre-sentencing investigations for guilty defendants. The investigators review the defendant’s criminal record, finances, work history and social life. Likewise, the investigation details any aggravating circumstances of the crime. A report is completed for the judge’s consideration. Further, federal courts have uniform sentencing guidelines. However, character witnesses may testify on the defendant’s behalf. Lastly, federal law mandates that prisoners serve at least 85% of the sentence. That is why defendants need to make sure their rights are protected. A conviction really alters the course of one’s life. For more information, contact, website . You can also follow them on Twitter for more information.
