Federal Cases

• You have a right to refuse to make any statements. If you have a lawyer, never make a statement to anybody without talking to your lawyer first.
• If you are charged with a felony, you have a right to have your case presented to a grand jury where a group of citizens vote as to whether there is probable cause to believe you committed the crime charged. If you are arrested for a felony offense before an indictment is returned, you have a right to a “preliminary hearing” where a magistrate judge determines if probable cause exists to believe you committed the crime charged.
• You have a right to be represented by an attorney and to have an attorney appointed by the court if you can show that you are unable to hire an attorney.
• You have a right to a detention hearing if the government seeks to keep you in jail pending your trial.
• You have a right to discover the evidence against you.
• You have a right to have the government prove any charge against you “beyond a reasonable doubt.” The “beyond a reasonable doubt” standard is the highest standard of proof that exists in the American justice system.
• You have a right to a speedy jury trial. Unlike in state court, a jury in federal court only decides the issue of guilt and innocence, not the sentence.
• If there is a trial, you have a right to testify at the trial. On the other hand, you cannot be forced to testify and, if you chose not to testify, that fact cannot be used against you.
• You have a right to use subpoenas to make witnesses come to court and testify on your behalf at any trial.
• You have a right, if there is a trial, to have your lawyer cross examine the government’s witnesses.
• You have a right to appeal your case and, if you cannot afford a lawyer, you have a right to an appointed lawyer on appeal.

Yes, this is true. Most drug cases involve not only the sentencing guidelines, which are quite harsh in drug cases, but also involve various mandatory minimum sentences, which are dependent upon the amount of drugs involved. A defendant can be held accountable for drugs possessed by another person simply if the defendant and the other person engaged in “joint criminal activity” and the other drugs were “foreseeable” to the defendant. Sentences are particularly harsh in cases involving crack cocaine. For example, if it is found that a defendant, with no criminal history, possessed with the intent to distribute 50 grams of crack (or even if only part of the 50 grams was possessed by the defendant and the rest was possessed by a co-conspirator and “foreseeable” to the defendant), the defendant faces a mandatory minimum sentence of ten years in prison.

It is impossible to provide a general answer to this question. Although most cases are generally resolved through a plea bargain. In deciding whether to accept the plea bargain, the two most important things is to make sure you understand all the consequences of the plea bargain and to make sure you have confidence that your lawyer is doing everything possible to represent you.

Some things to make sure you understand before accepting a plea bargain in federal court:

(1) What will you be admitting to?
(2) Does the plea bargain provide for a specific sentence?
(3) Do you fully understand how the sentencing guidelines will affect your case and whether you will be eligible for a downward departure or subject to an upward departure?
(4) Are there any mandatory minimum sentences that apply to your case?
(5) If you are not a United States citizen, will the plea bargain affect your ability to remain in the United States?
(6) If there will be a sentence of confinement, do you understand how “supervised release” works?
(7) Are you waiving your right to appeal the application of the sentencing guidelines or will you be able to appeal how the trial judge applies the guidelines? Ask questions.

Absolutely. The probation officer will do the preliminary calculation of your sentencing guidelines and, therefore, will have a great deal of influence on your ultimate sentence.

Following a trial or plea, you may appeal your case to the United States Court of Appeals provided you file a Notice of Appeal within ten days of the judgment. Also, be sure that as part of a plea agreement, you did not waive your right to appeal. If you lose an appeal in the Court of Appeals, you can then ask the United States Supreme Court to consider your case. The United States Supreme Court picks and chooses the cases it will hear and, as a result, it hears only those cases raising issues that might have an effect on many different cases. After losing an appeal, you can file a post-conviction petition for a Writ for Habeas Corpus if you believe you were denied a constitutional right or if you believe your lawyer was ineffective. Finally, keep in mind, that there are strict deadlines for filing petitions in federal court and you should consult with an experienced lawyer regarding these deadlines.

Parole has been abolished in the federal system. If you are sentenced to prison, you are eligible for fifty-four days good time credits for sentences of more than one year. Therefore, you will usually serve eighty-five percent of your sentence. A criminal defense attorney experienced in representing individuals charged in federal court can talk to you about such things as boot camps and drug rehabilitation programs which may serve to reduce your sentence.