In a federal case, the judges' power is pivotal, particularly in the sentencing phase. They wield complete discretion, albeit within the confines of the sentencing guidelines. It's crucial to understand that prosecutors are the ones who determine the charges filed against the defendant.
Judges usually only interfere with the charges or with a plea agreement if they believe it is unfair. In that case, the plea would either have to be changed or the case would have to go to trial.
When facing federal charges, the path to resolution is limited. You can either enter into a plea bargain with the federal government, plead open to the court and let the court decide the sentencing, plead guilty to all the charges, or take the case to a jury trial and let the jury decide. Each decision carries significant implications.
Another possibility would be to hold a court trial and let the judge decide whether a particular defendant is guilty or not guilty. Most cases are resolved through a plea bargain between the government and the defense.
Once you appear in court, the bail/bond issue is dealt with, and you're assigned to your judge for all case purposes. That judge will have certain rules.
Those rules will probably dictate the time limit. If the case is set for trial within 30 days and the trial date is approaching, the government will establish parameters to allow sufficient time for trial preparation.
Sometimes, these cases are gigantic, with thousands of pages of discovery. In that case, the government and the court will have to give the defense sufficient time to review everything and go over it with their client, so they can decide what moves to make. Usually, the government offers a plea bargain and sets the timetable.
What Constitutional Rights Am I Giving Up By Accepting The Plea Offer?
In a federal case, you have the right to take the case to trial and have a jury. That is the biggest right that you're giving up if you accept some sort of plea bargain. Beyond that, you have a whole host of constitutional rights that they will want you to give up.
You could testify on your own behalf. You could present evidence on your behalf. You can litigate a trial. You could object to the prosecution's evidence. You have the right to do a whole litany of things when you're charged with a federal crime, which you have to give up to take a deal in the case.
Why Should I Hire A Federal Defense Attorney If I Plan to Plead Guilty?
Pleading guilty does not dictate what your sentence is going to be. Figuring out what to plead guilty to is important, and figuring out whether you want to plead guilty or go to trial is something you want to discuss with a criminal defense attorney.
You should also discuss whether to file any motions with a criminal defense attorney. Your attorney will be entitled to submit a sentencing memorandum on your behalf.
These points out any downward departures that may impact your sentence and any other special facts related to you, like your family circumstances, the fact that you might have been a minor player in the case, or the fact that you accepted responsibility early.
A skilled defense attorney can utilize a variety of strategies to secure the lowest possible sentence. If you decide to cooperate with the government, it is advisable to do so through an attorney to maximize the benefits and minimize the potential sentence. Your attorney is your advocate, working tirelessly to ensure the best possible outcome for you.
The attorney is the one who will be your champion and argue on your behalf regarding the federal sentencing guidelines. You're up against a government that has a skilled attorney whose job is to try to punish you, and you won't agree with the punishment they want to give you. The only person between you and that punishment is your criminal defense attorney.
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