Federal Criminal Charges and Your Defense
Facing a federal criminal charge is one of the most daunting legal battles anyone can experience. Unlike state-level offenses, federal crimes are prosecuted by the federal government, and the consequences of a conviction can be severe, often including substantial prison time, heavy fines, and restitution. Since 1987, parole has been eliminated for federal offenses, which means individuals convicted in federal court are required to serve nearly their entire sentence, with limited opportunities for early release. If you or a loved one are facing federal charges, it's critical to take immediate action by contacting an experienced federal criminal defense attorney.
At Hofland & Tomsheck, our legal team, led by Josh Tomsheck, specializes in federal criminal defense. With extensive experience in federal court and a deep understanding of federal statutes, we are prepared to defend your rights and provide you with the best possible outcome.
What You Should Do if Facing Federal Charges
If you've been arrested and charged with a federal crime, it's essential to act quickly. Here are the key steps you should take:
1. Hire an Experienced Federal Criminal Defense Attorney
Choosing the right attorney is critical to your defense. Not every lawyer is equipped to handle federal criminal cases. You need a defense attorney who specializes in federal law and has a proven track record of handling cases similar to yours in federal court. Josh Tomsheck is a board-certified criminal defense attorney with extensive experience defending clients against federal charges.
2. Schedule a Consultation
Once you've identified potential attorneys, schedule consultations to discuss your case in person. This will give you a chance to evaluate their experience and approach. At Hofland & Tomsheck, we offerfree confidential, consultations, allowing you to meet with our team, discuss your charges, and determine if we are the right fit for your defense.
3. Understand the Charges
It's important to know exactly what federal statutes you are being accused of violating. Research the laws and potential penalties associated with your charges. Your attorney can help you understand the nature of the allegations and what legal defenses are available.
4. Document Everything Relevant to Your Case
Write down anything that might be important to your defense, including timelines, events, and conversations. Our memories can fade over time, so documenting details early on will help your attorney build a strong case. Be sure to mark any notes as “Attorney-Client Privileged” and explain that these notes are for your attorney's review.
5. Collect Important Documents
If you have documents that could be relevant to your case, gather them and make copies for your attorney. These could include contracts, emails, or financial records that might be useful during your defense. Your attorney will decide when and how to use these documents during the legal process.
6. Familiarize Yourself with Federal Law
Federal crimes are prosecuted differently from state crimes, and you need to understand the differences. Crimes like fraud, embezzlement, and drug trafficking are often handled at the federal level, with investigations conducted by federal agencies such as the FBI, DEA, and IRS. Knowing how federal prosecutions work can help you prepare for what lies ahead.
7. Understand State vs. Federal Charges
It's possible to be charged with both state and federal crimes for the same offense. Federal and state governments are separate sovereigns, meaning you can face dual charges without violating the double jeopardy rule. Make sure you understand whether your case is being handled by the state, federal government, or both.
8. Learn the Federal Court Process
Federal court is quite different from state court. Your attorney will guide you through the steps, which may include:
The investigation phase of a federal case is often the most critical, as law enforcement agencies gather evidence to determine whether to pursue charges. During this stage, individuals may be questioned, surveillance may be conducted, and search warrants may be executed. Having a skilled attorney early in the investigation can help protect your rights and potentially prevent charges from being filed.
An indictment is a formal charge issued by a grand jury that accuses an individual of committing a federal crime. It is the result of the prosecution presenting evidence to a grand jury, which decides whether there is probable cause to proceed with the charges. If you have been indicted, it is essential to act quickly to mount a defense, as this marks the start of formal criminal proceedings.
The initial hearing is the first court appearance after an indictment, where the defendant is formally advised of the charges, and bail or detention is determined. It is crucial to have strong legal representation at this stage to argue for your release on favorable terms or to begin negotiating with the prosecution.
The discovery phase is when both the defense and prosecution exchange evidence and information that will be used during the trial. This may include witness lists, documents, forensic reports, and more. A knowledgeable attorney can thoroughly review the discovery to identify weaknesses in the prosecution's case and prepare an effective defense strategy.
Plea bargaining is the process where the prosecution and defense negotiate a resolution to the case without going to trial. This often involves the defendant agreeing to plead guilty to a lesser charge or in exchange for a reduced sentence. A skilled lawyer can assess whether a plea bargain is in your best interest or if going to trial is a better option.
Pre-trial motions are legal requests made to the court before the trial begins, often to challenge evidence, suppress statements, or seek a dismissal of charges. Effective use of pre-trial motions can shape the course of a case, and having an attorney well-versed in these motions can significantly impact the outcome.
During the trial, the prosecution presents evidence and witness testimony to prove the defendant's guilt beyond a reasonable doubt, while the defense challenges the evidence and presents counterarguments. Trials can be complex and require a seasoned trial attorney to skillfully advocate on your behalf to secure an acquittal or minimize penalties.
Sentencing occurs if the defendant is found guilty or pleads guilty. The judge will determine the appropriate punishment, considering the federal sentencing guidelines and any mandatory minimums. A strong defense at sentencing can lead to reduced penalties, so having an attorney who understands the nuances of federal sentencing is vital.
An appeal is the process of challenging a conviction or sentence in a higher court. If errors were made during the trial or sentencing, an experienced appeals attorney can file an appeal to seek a reversal, new trial, or reduced sentence. Timeliness and precision in filing an appeal are critical for success.
Each stage has its own rules and procedures, and your attorney will be your guide through each phase.
9. Prepare for a Plea Bargain or Trial
Most federal criminal cases are resolved through plea bargaining, but your case may proceed to trial. Whether you decide to negotiate a plea or go to trial, you need an attorney who is prepared to represent you aggressively. Josh Tomsheck will work to get you the best possible outcome, whether that means negotiating favorable plea terms or defending you in court.
10. Trust Your Attorney to Lead Your Defense
While it's important to understand your case, you should trust your attorney to manage the legal strategy. With years of experience in federal court, Josh Tomsheck will develop the best defense strategy based on the facts of your case.
What You Should Avoid Doing
While there are many things you need to do when facing federal charges, there are also critical mistakes to avoid:
1. Don't Hire an Inexperienced Attorney
Federal criminal defense is complex and requires a lawyer with extensive experience in federal cases. Hiring an attorney who only handles state cases or has limited experience in federal court can severely harm your defense. Make sure the attorney you hire has a proven track record in federal criminal cases.
2. Don't Represent Yourself
Federal criminal law is intricate, and self-representation is a risky choice. Even if you understand some aspects of the law, defending yourself in a federal case without an experienced attorney could result in severe consequences. Your best chance at a favorable outcome is hiring a skilled federal defense lawyer.
3. Don't Assume Being Charged Means Being Convicted
Being charged with a federal crime does not mean you will automatically be convicted. The government must prove your guilt beyond a reasonable doubt, the highest standard in the U.S. justice system. With a strong defense, you can challenge the prosecution's case and potentially avoid conviction.
4. Don't Be Afraid to Ask Questions
Your attorney is there to help you. Ask questions about the legal process, your charges, and possible defense strategies. It's essential that you understand what's happening and feel confident in your defense.
5. Don't Panic
Federal charges are serious, but with the right legal representation, you can fight back. Josh Tomsheck and the team at Hofland & Tomsheck are dedicated to defending your rights and working toward the best possible resolution in your case.
Contact Hofland & Tomsheck for Federal Criminal Defense
Facing federal criminal charges is an intimidating experience, but you don't have to face it alone. Josh Tomsheck and the legal team at Hofland & Tomsheck have years of experience defending clients against federal charges, and we are here to help you navigate this challenging time. Whether you are charged with fraud, drug trafficking, or another federal crime, we are committed to providing you with the highest level of defense.
Call us today at 702-895-6760 for a free consultation. We will review your case, answer your questions, and develop a defense strategy tailored to your situation. Don't wait—protect your future by contacting Hofland & Tomsheck now.
