What Options Do I Have If I Am Convicted Of a Federal Drug Charge?
Once you are convicted of a federal drug charge or you plead guilty to it, at that point the sentencing is going to be up to the judge. The judge will have the discretion on whether or not you will receive a large sentence or a small sentence or something in the middle.
A probation department would get involved. They would do a report and recommend to the judge what they think the sentence should be. Your criminal defense attorney will be able to put a sentencing position in with the judge and argue on your behalf.
Finally, the prosecutor will be permitted to put in their position as to what they think the sentence should be. Just so you know – the judge will then hear from you if you make any statement. The judge will then decide as to what your sentence should be.
Can I Appeal A Federal Drug Charge Conviction?
Once you are found guilty and sentenced, you will be advised that you have a certain period to file a notice of appeal. Once that notice of appeal is filed, you will either be appointed counsel, represent yourself, or hire your criminal defense attorney.
Your federal criminal defense attorney is the one who decides what issues are appealable and what issues are not appealable. Not all cases should be appealed because sometimes there is no issue to appeal.
In order to be successful on a federal appeal, there is going to be some need for issues that are appealable. The federal court decides that certain things done at the trial, for example, were not fair, such as certain jury instructions or evidence being allowed in.
This is a question that you need to talk to your attorney who did the trial for you about or talk to a new attorney. Let them review the trial transcript, talk to you about what happened, and then decide whether an appeal is in your best interests and worth your while.
Federal appeals in drug-related cases take quite some time to appeal, which is determined by how much evidence there is for your appellate lawyer to go over. For example, how much trial testimony would exist if a trial existed?
It's determined by the size of the case and what the appellate lawyers do to get prepared to file their opening brief and then litigate the case on your behalf. It could take months and even years to get an appellate case off the ground and actually get the judges to rule on some of the appellate issues.
Your chances of appeal will be determined by whether or not you have appealable issues. This must be discussed with a seasoned federal criminal defense attorney who knows your case and its related issues.
What Is The Federal Indictment Process In a Drug-Related Case?
The federal indictment process in a drug-related case is when a branch of the federal government investigates your case, whether it is the FBI, Secret Service, or Homeland Security. There is a whole list of federal agencies that investigate drug crimes.
Once they get this information together, they will typically take the information to a federal prosecutor. They are called an Assistant United States Attorney. They will review it and then determine whether or not a case can be filed against you.
The indictment is the document used to charge you for the crime. You are given a copy of that, and then your attorney can review it and decide exactly how to deal with the indictment.
Another way to be indicted is through the federal grand jury. Federal grand jury proceedings are secret and the prosecutors will put the evidence that they have in front of them.
The federal grand jury will assess and evaluate it and then decide as to whether or not you should be indicted based on the federal grand jury information that the Assistant United States Attorney provides.
Do I Need A Criminal Defense Attorney Before Being Charged?
Suppose you believe you are under investigation for a federal drug crime or any federal offense. In that case, you should immediately get a federal criminal defense attorney and let them know what's happening. A lot of people think they can talk their way out of a federal drug crime or any crime, and that's the absolute wrong answer.
I can't tell you how many times people could have a great defense and be very successful in their case, but the one piece of information that is killing them and they cannot get around is their own statement to the federal authorities.
I wanted to let you know that an attorney can discuss the case with you under the cloak of attorney-client privilege, and then they can best advise you on how to proceed, who to talk to, and what to say. Often, I would call the federal prosecutors or the federal agents myself and let them know I represent you.
I let them know that you will not be making any statements. I also ask them whether you are a target in the case, whether you are a subject, or whether you are a witness. Once we get that information, you and I will discuss it. We will decide what the best course of action is, and we will protect your interests.
Typically, grand juries are held without the defendant being involved. The prosecutors present the evidence they have to the federal grand jury and then the grand jury decides whether or not there is enough evidence to indict the person and charge them with a federal crime.
If someone were to be summoned in front of a grand jury, they would want to make sure their criminal defense attorney is available to advise them. You often don't want to make any statements at a grand jury, and your attorney will tell you to assert your rights to not make any statements, not incriminate yourself, and not say anything that could later be used against you.
What Sets Your Firm Apart In Handling Federal Drug Cases?
I've been handling federal drug-related offenses for the past 25 years. I've been all over the nation handling cases because if it is a federal case, attorneys can go to different states. Depending on the rules of the state, they can associate with other attorneys in the state to assist them, or many times, you can just handle a case yourself.
Having done this for 25 years, handling many federal drug offenses and dealing with prosecutors and judges, I have a pretty good feel for how these cases are prosecuted and the different policies in the different jurisdictions that handle these federal drug cases.
I've had a lot of success with clients using all the various tools available to a federal criminal defense attorney who knows the jurisdiction, knows their client's case, and has the experience to successfully defend a federal drug case.
