Best Federal Criminal Defense Attorneys- Protecting Your Rights

Federal crimes are extremely serious and include such offenses as wire fraud, mail fraud, insider trading, securities fraud, tax fraud, firearms violations, controlled substance offenses, bank robberies, counterfeiting, and money laundering. If you have been charged with a federal crime, I am prepared to come to your immediate defense with 31 years of criminal defense experience and I’m also known as one of the best federal criminal defense attorneys.

Government enforcement for these offenses is very aggressive as they have unlimited resources to finance the prosecution. It is extremely important to immediately retain private defense counsel to protect your rights before a police investigator takes your statement and it’s too late. Please remember, even if you committed the crime, you are presumed to be innocent under the law and the government must prove all of the elements of the crime beyond a reasonable doubt before you can be convicted. In addition, the government must convince all 12 jurors that you are guilty before you can be found guilty. We understand the importance of every aspect of your case. If even one juror votes not guilty, there is no conviction. If your constitutional rights were violated during the federal investigation, you may also be able to suppress the use of the evidence against you at trial. Federal criminal defense attorneys ensure a robust defense, ensuring that without evidence of a crime, the prosecution’s case falls apart and the matter is dismissed for lack of probable cause without evidence of a crime, the prosecution’s case falls apart and the matter will be dismissed for lack of probable cause.

If you or someone you know are looking for lawyers that handle federal cases, call Robert J. Shane now at (612) 339-1024, or complete the contact form provided on this site to schedule your free consultation.

 

THE COMPLAINT, ARREST WARRANT, AND INDICTMENT IN FEDERAL CRIMINAL CASES

A federal complaint is a written charging document that states the essential facts of the criminal offense charged by the prosecution. The complaint is submitted to a federal Magistrate to determine whether probable cause exists to justify the arrest and prosecution of a person. Federal crimes defense lawyers can play an important role before this process is set in motion. The complaint itself cannot initiate a felony prosecution in federal court. The only purpose of the federal complaint, if probable cause is found, is to provide a basis for issuing an arrest warrant and securing the detention of a suspect.

A federal complaint must be in writing and sworn to under oath before a Magistrate. If the complaint is not made under oath, a skilled federal criminal defense attorney will move the court to dismiss the complaint. If the complaint and any attached affidavits establish probable cause to believe a crime was committed and the defendant committed the crime, a judge will issue a warrant, unless a summons is requested by a government attorney. If the court issues a summons and the defendant fails to appear in court, an arrest warrant will be issued at that point. The only person allowed to serve an arrest warrant on a defendant in a federal case is a U.S. Marshal. A federal arrest warrant is served by arresting the defendant and showing him a copy of the warrant. After the warrant is served it must be returned to the Magistrate who issued the warrant.

Formal criminal charges against a defendant in federal court are commenced through the grand jury process. The Fifth Amendment requires that all persons facing serious federal crimes have a right to a grand jury indictment. Lawyers that handle federal cases are familiar with this procedure. The grand jury has the power to investigate cases and decide whether there is probable cause to indict a defendant. The grand jury decides if a crime has been committed by a defendant and is designed to protect citizens against unfounded prosecutions. The grand jury is not under the control of a judge but is supervised by federal prosecutors. All deliberations by the grand jury are done in secret.

A grand jury must contain between 16 to 23 members, which must all be United States citizens and 18 years of age. A party may challenge the qualification of a juror based, for example, on their inability to read or write English or for a mental or physical incapacity. Federal crimes defense attorneys may move the court to dismiss the indictment based on a valid objection to the grand jury.

When the grand jury is in session, the only persons allowed in the courtroom are the prosecutors, witnesses who are questioned, interpreters, and court reporters. No federal crimes defense lawyer is allowed to be present in the courtroom. Government lawyers are not allowed to disclose any of the information that was presented to the grand jury. The purpose of nondisclosure is to protect the identity of the jurors, and their privacy, to prevent witness tampering, and any form of intimidation.

An indictment is a document which charges specific violations of federal law. An indictment must be obtained if conviction could result in imprisonment for more than one year or life imprisonment. The indictment must clearly state the charges, and the facts supporting the charges and must be signed by the prosecuting attorney. The Due Process Clause of the Constitution requires that the indictment provide a sufficient number of facts to allow the defendant and federal crimes defense lawyer to prepare a defense and to assert a double jeopardy defense if needed on any future federal criminal charges.