- Federal Crimes
If you are facing charges for federal crimes in Nashville, TN, your rights, your future, your career, your reputation, and your freedom are all on the line. Federal criminal cases can be intimidating and complex with high stakes. And they involve aggressive prosecution, various legal processes, many legal hurdles, and extensive paperwork.
It is, therefore, crucial to understand the process to better prepare for the challenges ahead. A knowledgeable criminal defense attorney can help you navigate the federal court system and create a strong defense strategy to fight the federal criminal charges against you.
Structure of the Federal Courts
The primary responsibility of the federal courts is to resolve disputes involving federal laws, the U.S. Constitution, and disputes between states. There are three types of federal courts: District Courts, Circuit Courts of Appeals, and the Supreme Court.
- District Courts – They are the federal trial courts. And there are 94 District Courts. District courts are courts of limited jurisdiction. That is why they can only resolve disputes between residents of different states. The jurisdiction of District Courts includes all civil and criminal cases.
- Court of Appeals – They hear appeals from the District Courts. And there are 13 Courts of Appeals. The Court of Appeals reviews the decisions of the District Courts upon request. They have the jurisdiction to hear and determine appeals from the District Courts located within their region.
- The Supreme Court – There is only one Supreme Court. It is, therefore, at the top of the federal court system. And it is the highest court in the United States. The Supreme Court has jurisdiction over both civil and criminal cases. It has jurisdiction over cases involving constitutional or federal law issues.
Entering the Federal System: Initial Stages
The federal court system can be difficult to navigate and even cause frustration. Remember, the procedures differ significantly from those in local and state courts. That is why navigating the procedural rules of the federal system can be confusing for inexperienced individuals. It is very important to learn how the federal court system works.
Investigation and Charges
Agencies, such as DEA, FBI, ATF, and USSS, employ criminal investigators to investigate the federal crime and gather evidence. The role of these agencies is to analyze intelligence and solve complex investigations. So, investigating agencies investigate crimes, gather and preserve evidence, and write reports for prosecutors.
Arraignment and Plea
Once a defendant is arrested and charged with a federal crime, they can now be brought before a magistrate judge. The defendant should be brought for an initial appearance within 24 hours of being arrested and charged. The hearing allows the defendant to learn the charges brought against them, and enter a plea of not guilty.
Legal Representation
The defendant has the right to consult with an attorney. If, however, the defendant cannot afford an attorney, they may be provided with a public defender. A criminal defense attorney will work diligently to protect their client’s rights and strive for a favorable outcome in the court.
Choosing the Right Federal Defense Attorney
A federal defense attorney represents those charged with crimes in court. That is why choosing the right federal defense attorney is crucial. Your attorney will protect your rights and freedom, argue on your behalf, and present the best possible defense for your circumstances.
How do you choose the right federal defense attorney? You must consider their courtroom experience, approach and strategy, availability and communication, reputation and client reviews, and ethical record. A federal defense attorney with extensive experience understands the rules of evidence and the nuances of federal courts.
The Trial Process
It is vital to understand the structure and trial process of state courts. A federal judge presides over the trial. The judge must ensure that the proceedings follow the law. During the trial process, the parties will present the facts of the case to a jury.
Pre-Trial Motions and Hearings
Your criminal defense attorney can file a pre-trial motion to challenge evidence, suppress illegally obtained evidence, or even dismiss charges altogether. Pre-trial motions and hearings can, therefore, be used to weaken the prosecution’s case before the trial begins.
Here are the common pre-trial motions:
- Motion to Dismiss – your attorney will try to get the judge to dismiss the charges brought against you.
- Motion to Suppress – your attorney will try to suppress the evidence that the prosecution intends to use against you.
The Trial
A trial is the prosecution’s opportunity to argue its case, get a guilty verdict, and your conviction. It is also your chance to refute the prosecution’s evidence and to offer your own evidence in some cases. Your lawyer may use witnesses and evidence to prove to the jury that you did not commit the crime(s).
Here are the steps of a federal trial:
- Jury Selection – Jurors are selected from the jury pool. The jurors will listen to the facts of the case and determine if the defendant is guilty or not guilty.
- Opening Statements – This is the first opportunity for the prosecutor and the criminal defense attorney to present the case to the jury.
- Examination of Witnesses – The defense attorney and the prosecution will test the veracity and accuracy of witness testimony.
- Objections – The attorneys can make an objection to some evidence or questions to the judge.
- Closing Arguments – It is the final opportunity for the defense attorney and the prosecutor to talk to the jury. They will use this chance to summarize the evidence and testimony.
Federal Sentencing Guidelines
The Federal Sentencing Guidelines influence the sentences imposed for federal crimes. Therefore, if a defendant is found guilty, the judge must consider Federal Sentencing Guidelines and look at various aggravating factors, such as prior criminal history, the nature of the crime, and the defendant’s role, in order to sentence a defendant.
Possible Sentences
If a defendant is found guilty, they will be sentenced by the judge at a sentencing hearing. The possible sentences range from probation to imprisonment. Therefore, the possible sentences can include probation, fines, and prison time.
Appeals and Post-Conviction
If a defendant is found guilty, they can still appeal to the Circuit Courts of Appeals. If, for instance, errors occurred at trial, then an appeal allows the defendant to raise those errors.
The Appeals Process
If you and your federal defense attorney disagree with the verdict, you have the right to file an appeal. Do you want to appeal your sentence or conviction?
Here are the steps to follow:
- File a Notice of Appeal – You will have to file a Notice of Appeal within 14 days from the date of judgment.
- The Record – Your attorney will file a statement indicating that they will represent you in the appeal. They will, then, make sure that a copy of the trial record is sent to the Court of Appeals. The record includes all transcripts and documents related to the trial. You will order and pay for the transcription.
- The Brief – The brief contains the relief sought, the legal arguments, a summary of the facts, and a case statement.
- Oral Arguments – Oral arguments help judges better understand the case. So, if the Court of Appeals schedules oral arguments, the lawyers will get the chance to present their arguments. The judges may even ask questions.
- Deciding the Appeal – The panel will go through the briefs and review the record. They will, then, decide on the case. The Court of Appeals will issue a written decision.
Post-Conviction Relief
There are legal remedies available to people who have been convicted and have exhausted their direct appeals. Therefore, if you have been convicted of a federal crime and have exhausted your direct appeals, you can seek post-conviction relief.
Examples of post-conviction relief available in federal cases include:
- Motion to reduce sentence
- Motions for a new trial based on new evidence
- Petitions for writ of habeas corpus
- Motion to set aside, vacate, or correct a sentence
Retaining a Criminal Defense Attorney in Nashville Could Make a Huge Difference in Your Federal Crimes Case
Navigating the federal court system can be intimidating and challenging. It can also be confusing and overwhelming to understand the complexities of federal laws. That is why you need in-depth knowledge and expertise to navigate the federal court system.
If you or a loved one has been charged with a federal crime in Nashville, TN, retaining the skills of an experienced and skilled criminal defense attorney could make a huge difference. Your attorney will help you understand the legal processes, safeguard your interests, and protect your rights.
At Nash Law, we will work diligently to protect your rights and challenge harsh sentences or wrongful convictions. Choosing Nash Law means choosing a law firm with criminal defense lawyers with a passion for defending against the state and years of experience aggressively defending hundreds of clients.
Contact the Nash Law Firm for a consultation with our criminal defense attorney in Nashville, TN by calling 615-NASH-LAW today.
