Many individuals, due to their limited experience with federal crimes, often find themselves uninformed about the legal process and their attorney's role. To shed light on this crucial topic, our team of seasoned federal criminal lawyers, with their extensive experience, provides a comprehensive overview below.
So, I can provide you with a brief overview of what your attorney should be doing and what I strive to do. With over 26 years of experience, working all over the nation, and a primary base in Los Angeles, I am well-equipped to guide you through this complex process. Your attorney's role is to secure the best possible outcome for you, often through negotiation with the prosecutors, as most federal cases are resolved through plea bargains.
Negotiation with Federal Prosecutor for Best Outcome
One of the biggest jobs that attorneys have is plea bargaining with the prosecutor, as well as figuring out who the judge is and what their tendencies are, and making a strong argument at sentencing to try to secure a favorable sentence.
Part of that argument is filing a sentencing position paper on your behalf, talking to you about what you might say to the judge, and obviously, figuring out for themselves what they're going to argue to the judge and what makes sense in your particular case.
From the onset of your case, your attorney's primary task is to secure a favorable plea agreement for you in federal court. This agreement, presented by the prosecutors to the defense, is a pivotal document that can significantly influence the outcome of your case.
The defense attorney will review it with their client, explain everything, and then the client will decide whether to accept or reject the plea agreement. If they accept the plea agreement, they'll sign it.
The attorney will sign it, the prosecutor will sign it, and then it'll be filed with the court. Ultimately, there will be a plea, and subsequently, a sentencing.
This plea agreement is obviously a crucial document, and you want to discuss it with the prosecutors early on, if you're the defense attorney, to determine how you'll handle the case. That's one of the biggest things a defense attorney does: trying to figure out how to get the best plea agreement.
Violations of Your Constitutional Rights
Now, sometimes you have a case where the government has arguably violated your client's constitutional rights. Then, the attorney's job in the federal case will be to figure out how to hold the government accountable for violating the person's constitutional rights.
For example, let's say they have stopped a person illegally or searched a person without authorization. Then, the defense attorney will need to file a motion with the court. There will likely be a hearing, and witnesses will likely be called to testify.
The defense attorney and the prosecutor will be able to ask the witness questions. Ultimately, the judge will decide whether the person's constitutional rights were violated, and if so, will consider excluding evidence that the prosecutors intend to use to convict the person. If this happens, the prosecutor's case will often be dismissed because they will no longer have their evidence available to use against a particular defendant.
If there are grounds for it, one of the key responsibilities of your attorney is to challenge the government's evidence. This involves cross-examining witnesses, addressing motions, and negotiating a plea bargain, all in an effort to strengthen your defense.
Fighting a Federal Case in a Jury Trial
Then, ultimately, if you can't win the case by way of a motion and you don't want to plea bargain the case and you don't want to get a plea agreement from the government, or your client can't agree on the plea agreement. Your attorney's job will be to fight the case in front of a jury and attempt to secure a not guilty verdict for you.
Your attorney's role is not just to navigate the legal system, but to fiercely protect your constitutional rights. They will ensure that all your rights are preserved throughout the process, providing you with a sense of security and confidence.
That all your rights are protected and that you end up with the best possible resolution so you can move forward in your life with the least amount of damage to your reputation, your freedom, your rights, and everything that's important to you. It should be noted that you can increase your chances of a favorable outcome by hiring an attorney early in the criminal case process, such as during the initial federal criminal investigation.
Hedding Law Firm is a criminal defense law firm located in Los Angeles County, at 16000 Ventura Blvd, #1208, Encino, CA 91436. Contact our office for a free case evaluation at (213) 542-0994.
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