Federal Criminal Courts are arguably the most intimidating and unforgiving courts in which you might find yourself. If you have been indicted, have received a letter from the government identifying you as a target of an investigation, or your State attorney tells you that your case is “going Federal,” you need to obtain counsel who practices in Federal Court immediately. Unlike a typical State Court case, the Federal system moves VERY quickly, with most cases reaching a resolution in four months or less. It is imperative that you have qualified counsel to assist you every step of the way.
A case will usually start with the arrest of the defendant or issuance of an indictment. You may find yourself subject to a detention hearing and a preliminary cause hearing where it will be determined whether or not you qualify for pre-trial release under any number of conditions. At these hearings, your attorney will also have the opportunity to ask some preliminary questions to determine whether or not the Government has met the minimum threshold to charge you with a crime.
Within a month, you will be arraigned and a trial date will be set. You will be given the opportunity to change your plea to guilty pursuant to a plea agreement, or to continue to trial. If you choose to go to trial, a jury will decide the facts and determine whether or not you are guilty or not guilty. If you are found not guilty, your case is, of course, over. If you are found guilty or plead guilty, your case will be continued for three to four months for a sentencing hearing.
The time between conviction and the sentencing hearing give the Probation Department a chance to prepare a PreSentence Report. The PSR is prepared for the court in order to assist the judge in determining what a fair and legal sentence would be, taking into account numerous factors set forth in 18 U.S.C. § 3553 (a). One of those factors is the recommended sentence as calculated by the United States Sentencing Guidelines. The Federal Sentencing Guidelines are VERY difficult to understand and calculate correctly. We provide a link to the Sentencing Guidelines on the Helpful Links page of this site as a point of reference only. You should not attempt to interpret or determine yours or anyone else’s sentence without consulting with an attorney qualified to practice Federal Criminal Law.
McKinney Justice Perry & Coalter, PA has two attorneys that are qualified to handle cases in Federal Criminal Court. Consultations for these types of cases are free. If you find yourself involved in a Federal matter, contact McKinney Justice Perry & Coalter, PA.
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