Should I Accept A Plea Bargain Instead Of Going To Trial In Federal Court?
You're going to have to assess whether you can beat the case or should accept a plea bargain for yourself based on whether or not you're guilty or innocent of the crime and whether or not you believe through consultation with your attorney that they can prove the federal case against you.
If, in your mind, you believe that they've got the goods on you and will be able to prove the case against you, then yes, you should work out a resolution with them. Whether you accept it or not, you and your attorney need to sit down, talk about it, and figure out the ramifications of the plea agreement that the government has offered you.
Also, before you're offered a plea agreement by the federal government, you will want your attorney to talk to them and help shape what that plea agreement will be before it's offered to you. It's much easier to shape your destiny regarding a federal plea agreement than to accept what the federal government is giving you because they may provide you with something you don't want.
In deciding whether you accept the plea agreement and how you negotiate with the federal government, you will have to rely on your federal criminal defense attorney to guide you through this.
Should My Attorney Accompany Me To Meet With The Probation Officer?
Yes, an attorney can go with you; that's a right you have when you meet with your federal probation officer. Typically, when you meet with them, they prepare a report for the judge, give their assessment of your case, circumstances, and life, and then make a recommendation to the judge as to what they think your sentence should be.
You definitely want your attorney there, and you have a right to have your attorney there. That part of the process involves them submitting paperwork for the judge and a report about you, your life, and your background. The probation department will then give a recommendation as to what your sentence will be, and the judge will consider the case.
You would like your attorney to ensure you assert all your rights. You have the consultation on what to say and what not to say. Also, your attorney will help you highlight the good things that the judge should consider in your sentencing and be there to answer any of your questions.
You're absolutely entitled to have your attorney for the pre-sentence meeting with their probation. You want your attorney there because that's a first step towards getting you the best possible sentence in your federal case.
What Recourse Do I Have If I Plead Guilty Or Convicted In Federal Court?
If you've gone to trial and you've lost the case, depending on what happened in the trial and whether any of your rights are violated, you might have the right to either file a motion for a new trial with the judge that heard the case, or you can file a notice of appeal and then you hire your appellate lawyer, or the government will appoint an appellate lawyer for you.
You still have rights even after your trial if you lose, though obviously, you'll have some issues succeeding in a new trial motion or on an appeal.
Do I Have To Serve My Entire Sentence In A Federal Case?
Across the nation, when somebody is given a certain sentence in a federal case, they will serve 85% of that sentence. Some things can be done to try to get you out earlier. For example, there is a program called RDAP, which basically has to do with you having some sort of drug or alcohol problem or substance abuse problem that you're entitled to up to a year off your sentence.
Depending on the circumstances of your case, your attorney can argue for other things, but you should expect to serve 85% of your sentence in the Federal Bureau of Prisons in most cases.
