The Life Cycle of a Federal Case in Nevada
Although each case is unique, a federal felony case can generally be separated into six distinct phases. The attorneys at Vegas Golden Law are experienced in all aspects of federal criminal defense and can assist you, no matter what stage in the process you may be at.
Stages of a Federal Misdemeanor
For most federal misdemeanors, the case begins with either a citation issued by a federal law enforcement officer or a complaint signed by a federal judge. In cases brought by complaint, you will be notified by mail when you must appear in court. The filing of a complaint on a misdemeanor case signals that the United States Attorney’s office considers the case very serious. At your initial appearance, the judge will review the charges against you, inform you of your rights, and set a trial date for your case. It is important that you consult with legal counsel before your first court date in federal court as the federal misdemeanor process moves fairly quickly. The Nevada criminal defense attorneys at Vegas Golden Law specialize in federal misdemeanors and will fight for you no matter how serious the charge.
For federal misdemeanor cases that proceed on a citation, you have several options to resolve the citation. Unfortunately, the federal misdemeanor citation system may be confusing and complicated for first-time defendants. Let the Las Vegas criminal defense lawyers at Vegas Golden Law guide you through the maze of federal misdemeanors and fight for the best result possible.
Investigation
A federal criminal case may begin with an investigation by a federal agency. An agency such as the Internal Revenue Service (IRS), the Drug Enforcement Agency (DEA), the Bureau of Alcohol, Tobacco, and Firearms (ATF), the Federal Bureau of Investigation (FBI), or Immigration and Customs Enforcement (ICE) may begin an investigation into an individual or group if they suspect a crime has been - or is being - committed. The purpose of the investigation is to develop enough facts and information - known as probable cause - to support formal criminal charges.
Occasionally, the subject of an investigation will receive a “target letter” from the investigating agency or the United States Attorney’s Office. The letter will inform you that you are the target of an investigation. If you receive a target letter, DO NOT ignore it. DO NOT speak to law enforcement or a government attorney without legal representation. Contact the federal criminal attorneys at Vegas Golden Law to discuss your legal options.
In recent years, it has become increasingly common for the United States Attorney’s Office to “adopt” state cases for federal prosecution. The “adopted” cases begin in state court with a state law enforcement agency as the lead investigator. The state investigation may be as simple as a police officer finding a gun in the possession of a prohibited person. The United States Attorney’s Office routinely reviews certain types of state cases and may decide to prosecute the offense at the federal level. If the United States Attorney’s Office decides to “adopt” a state case for federal prosecution, the stakes will be higher. The offense will be subject to higher federal penalties and will be prosecuted with all the resources available to the federal government. Contact the attorneys at Vegas Golden Law to discuss your legal options.
Indictment
Within the federal system, offenses fall into two broad categories: felonies and misdemeanors. In order to be charged with a felony, an Assistant United States Attorney must bring a case before a federal grand jury. The grand jury is composed of members of the community, who decide whether probable cause exists that the suspect committed a particular crime. If probable cause exists, the grand jury will return an indictment and a federal judge will usually issue a warrant for the suspect’s arrest. The grand jury is a secret proceeding where only the prosecutor, a court reporter, and the grand jurors are permitted. Usually, a suspect will only become aware of an indictment against them when they are arrested. If you’ve been arrested, contact the attorneys at Vegas Golden Law to discuss your legal options.
Initial Appearance and Detention Hearing
The first court appearance following an arrest on federal charges is known as an initial appearance. At the initial appearance, a federal magistrate judge will ensure that you understand the charges against you and inform you of certain rights you to which you are entitled. If you have hired an attorney, such as a federal criminal defense lawyer with Vegas Golden Law, your
attorney will be present with you at the initial appearance. If you cannot afford an attorney or choose not to hire one, the court will appoint an attorney to represent you. Unlike the state court system, the federal court system does not have a preset monetary bail. This means that there is no predetermined amount of money you could post to be released from custody. Instead, a federal magistrate judge makes a unique determination for each individual defendant regarding whether he or she can be released pending trial. The judge will consider if the defendant is a flight risk or danger to the community when making this determination. After the judge makes the release determination, a trial date is set, and the case begins.
Pretrial Phase
During the pretrial phase - the time between the initial appearance and trial - the assistant United States attorney will produce discovery. Discovery is all the information the federal government has in its possession that may be used at trial. Discovery in a federal case is voluminous even for simple misdemeanors. Discovery often consists of hundred - if not thousands - of pages of documents as well as numerous audio and video recordings. Because of the sheer volume of discovery, it may take days or weeks to properly organize and review discovery.
Once discovery has been produced and reviewed, the defendant may choose to negotiate a resolution to the charges or prepare the case for trial. When pursuing either strategy, it may be necessary to file pretrial motions to accomplish certain objectives before a final resolution is reached. Let the federal criminal attorneys at Vegas Golden Law review your case and provide you with all your possible options.
Trial
The right to a jury trial in a federal criminal case is enshrined in the Sixth Amendment to the Constitution. Trial is the time when the federal government must prove its case against you beyond a reasonable doubt to a jury of twelve people selected from the community. The jury’s verdict must be unanimous. You will have the opportunity to challenge the government’s evidence and present your own. You may testify in your own defense or choose not to testify. The government cannot comment on your decision not to testify. Most importantly, you have the right to be represented by counsel at trial.
Deciding to go to trial in a federal criminal case is not a decision to be made lightly. The federal criminal defense attorneys at Vegas Golden Law are experienced trial lawyers and can help guide you through the trial decision process.
Sentencing
f you are convicted of a federal crime - whether after a trial or after a plea of guilt - the final step in the criminal proceedings is sentencing. The sentencing judge must consult - but is not obligated to follow - the Federal Sentencing Guidelines before imposing sentence. The sentencing judge must consider various factors including details about the crime committed, the defendant’s circumstances and history, and any steps taken towards rehabilitation.
Sentencing may be the most crucial aspect of a federal criminal case. Over 90% of federal criminal cases ended in a conviction. Given this statistic, preparing for sentencing is practical and wise. A persuasive sentencing argument may convince a sentencing judge to take years off a federal prison sentence. In some cases, a successful sentencing argument may convince the judge to forgo prison altogether. The federal criminal defense lawyers at Vegas Golden Law are highly experienced with the federal sentencing process and will fight for the best sentence possible.