Federal Criminal Law FAQ....

Frequently asked questions about Federal Criminal Law: 

Q.  Will I be released on bond?

Maybe.  Maybe not.  Notwithstanding what you think the Bill of Rights says there is no absolute right to a bond in Federal Court. A law called the Bail Reform Act provides that under certain conditions the Court can detain without bond a person accused of a crime.  Even if you get a bond it might be so high that you are unable to post it which is almost the same as having no bond.  Given that having a low bond or a bond at all is not assured having an experienced attorney represent you at the bond hearing is imperative.  All to often I have seen a lawyer completely bungle a bond hearing which makes it that much hard for the bond to be reduced or even set by us once we are hired. 

Q.  Why doesn't the indictment say what I did?

 

An indictment does not have to be specific. Most indictments will only describe, in general terms, the dates and places of the crime, a recitation of the crime charged along with the corresponding statute and perhaps the type of narcotics involved (although not necessarily the amount).  As a result of this just reviewing the indictment does not always provide a full picture of the case. 

 

Q.  When should I hire an attorney?

 

If you are even asking this question then you should be calling an attorney.  Most attorneys, including us, will provide a free consultation.  It's always been my experience that the earlier you have an attorney the better off you will be. 

 

Q.  How should I choose an attorney? 

 

The short answer is to interview several attorneys and usually the right one will be obvious.  For the long answer go here. 

 

Q. How much will an attorney cost me? 

 

One of the things I tell my clients is that regardless of the outcome they have already suffered a loss just from getting arrested.  Why? Because regardless of guilt or innocence you're going to have to hire an attorney. Unless you can show your are indigent (a politically correct way of saying poor) an attorney will not be appointed for you.  To make matters worse a good Federal criminal defense attorney is not cheap.  Again, why? Because it's not by accident that the term "let's not make it a Federal case" was invented.  The defense of a Federal criminal prosecution is a complex and difficult undertaking requiring skill and experience.  Ultimately the fee will be determined by the specific complexity and nature of the particular Federal case.  For example, a relatively minor case will cost less than a complex fraud case with dozens of boxes full of discovery.

 

Q.  Do I need a lawyer if I'm innocent? 

 

Absolutely! No system is perfect and the fact is innocent people get arrested and, more importantly, convicted all the time. Everybody in the justice system becomes cynical and jaded after a while (yes, even us lawyers).  Which means that your protestations of innocence are likely to be met by indifference and disbelief.  It is your lawyer's job to convince the prosecutor, the Judge and, if necessary, a jury of your innocence.  

 

Q. Do I need a lawyer if I'm guilty? 

 

This is the opposite of the previous question but the answer is the same.  Under our system of justice it is the Government's burden to prove whether you are guilty.  Of more significance is the fact that even if you do not want to contest the charges you may not want to lose your freedom for more time than you think is fair. A lot of times I am hired to minimize the damage. That is, to reduce as much as possible the amount of time my client will spend behind bars as a result of his mistake. This really requires an experienced attorney who can navigate the system for you and keep you from falling into the rapids.