Question 1

Federal Agents or Police Have Contacted Me, Should I Speak with Them?

Accepted Answer

Always contact an experienced criminal defense attorney before speaking with law enforcement to fully protect your rights.

Question 2

Can You Promise That the Charges Will Be Dismissed or That I will Get No Jail Time?

Accepted Answer

No attorney can “promise” such a result. Each case is fact specific and requires a detailed analysis of the facts and law. We can promise the utmost attention to detail, exhaustive investigation of the facts and law, and dedication to obtaining the best possible outcome for all our clients’ matters.

Question 3

What is a Grand Jury Subpoena?

Accepted Answer

It is an investigative tool used by federal and state law enforcement. A subpoena is a demand to appear before the grand jury to produce the requested documents or testimony outlined in the subpoena. If you receive a grand jury subpoena, you should immediately contact experienced criminal defense counsel to determine whether you are a witness, subject, or target of the investigation.

Question 4

What Does it Mean if I am Considered a Witness, Subject or Target of a Criminal Investigation?

Accepted Answer

These are terms used in federal criminal investigations. A witness is someone who may have relevant material information concerning an investigation. A target is someone law enforcement is looking to charge with a criminal offense(s). A subject is someone who may have criminal exposure, but law enforcement does not yet have sufficient information to make that determination.

Question 5

What is a Grand Jury Indictment?

Accepted Answer

A grand jury indictment means that the AUSA or prosecutor presented evidence to a grand jury – a panel of 23 citizens who hear only the prosecution’s side of the evidence, and at least 12 vote that they found probable cause to believe that the putative defendant committed the charged crimes.  It is a one-sided proceeding because only the prosecutor and her witnesses (many times just law enforcement) testify before the grand jurors in a non-public setting.

Question 6

What Happens After a Person is Indicted?

Accepted Answer

The individual(s) indicted will either be arrested or ordered to appear before a court for an Initial Appearance. At the initial appearance, the person will be advised of their rights, have counsel appointed if they cannot afford to retain private counsel, and have bail or conditions of release set. At a future hearing called an “Arraignment,” the indicted individual will appear with their counsel and enter a Not Guilty Plea.

Question 7

What Happens Next?

Accepted Answer

Criminal defense counsel will work with the client to review the discovery, potential defenses, and the law so that the client can make an intelligent decision whether to negotiate a plea bargain or prepare for trial.

Question 8

What is a Plea Bargain?

Accepted Answer

A negotiated plea or plea bargain is where the defense and the prosecution work towards an agreement to resolve the case. It is when the prosecution agrees to dismiss certain counts of the indictment or limit the loss amount in the case of fraud, so that the client faces a reduced sentencing exposure. It is a negotiated resolution that often limits the types and number of charges the client must plead to, thereby reducing the potential time in jail.

Question 9

Why Are Trials So Expensive?

Accepted Answer

When the client does not or cannot accept a plea agreement and wants to defend the case at trial, the time commitment greatly increases. Often cases, particularly white-collar crimes, involve massive amounts of discovery - thousands to millions of pages of documents - and complex facts and legal analyses, which require hundreds of hours to review and understand. In addition, there are pre-trial motions – such as motions to suppress, for additional discovery, to sever, for Bill of Particulars, and the like – and Motions in Limine – to preclude certain evidence or testimony. Then there are the hours for trial preparation and trial. All of that results in a massive undertaking to do right and aggressively defend the client at trial.

Question 10

Why Is Hiring an Experienced Defense Lawyer So Important?

Accepted Answer

A criminal case is about one’s freedom, in addition to any fines, forfeiture and restitution amounts. Criminal cases are brought by federal and state prosecutors that have the power of subpoenas and search warrants to gather evidence. They have law enforcement agents that conduct interviews and can compel testimony through subpoenas. They have the time and financial resources to aggressively investigate and prosecute. The target of that investigation must fight for his or her rights through experienced criminal defense counsel that knows how cases are investigated and prosecuted. Ideally, defense counsel is retained during the investigation, before the client is charged, so defense counsel can conduct his own investigation and hopefully convince the prosecutor not to bring charges. The sooner experienced defense counsel is in the case, the better.

Frequently Asked Questions