Federal criminal cases are handled differently than state court cases. The feds have already investigated a person and indicted them before they are arrested. Indeed, one may never know they’re being investigated until they’re arrested.
What Makes a Crime Federal?
A crime is federal if it occurs on federal property. Examples include shooting at a post office or murder on a Native American reservation. Further, federal crimes are investigated by organizations like the FBI, DEA and Secret Service. Other federal cases include terrorism, drug trafficking, organized crime and crimes committed against federal officials. These are serious crimes and the accused needs a Criminal Defense Lawyer in Portland OR. Moreover, the lawyer should be very familiar with how federal courts operate.
Arraignment
Arraignments in federal court occur on the day the defendant is arrested. The prosecutors in federal cases are called U.S. Attorneys. The U.S. Attorney informs the defendant about what they’re charged with. A Criminal Defense Lawyer in Portland OR advises clients to plead not guilty. They need time to investigate the charges and get the defendant out of jail. However, many judges will hold a detention hearing before making a bail decision.
Detention Hearings
Detention hearings are similar to bail hearings in state court. A U.S. Magistrate presides at the hearing and bases bail decisions on three things. The attorney must convince the judge that the defendant will not flee the area. Further, the judge looks at whether the defendant poses a danger to others. Finally, the judge studies the circumstances of the case. Some cases may be so serious that the judge refuses to grant bail.
Working Out a Plea
Few cases go to trial in federal court. The U.S. attorney will offer the defendant a plea deal. Defendants often get a reduced sentence in exchange for a guilty plea. Defendants found guilty after a trial are sentenced according to federal guidelines. Sentences are based on the severity of the crime and the defendant’s criminal history. One of the major differences between federal and state court cases is prison time. People sentenced in federal court usually serve their entire sentence behind bars. It’s very rare to get early release for any reason. If you need help, Contact The Law Office of Andrew M. Kohlmetz LLC Today.
