+ What is the difference between State and Federal Court?

There are two separate but overlapping legal systems in America: a State-based judicial system and a Federal-based judicial system. The States have broad police powers to regulate and punish a wide variety of crimes: everything from speeding to murder. The Federal government is (in theory at least) a more limited government. The Federal government can regulate and punish conduct that happens on federal property (like Ft. Bragg military base) and it can also regulate conduct that involves or has an effect on interstate commerce (including guns, drugs, and any kind of fraud involving the mail or internet internet). The State and Federal legal systems operate very differently and the systems have their own distinct rules, customs, and procedures. If you are under investigation or have been charged with a federal crime, you need an experienced lawyer who understands the unique demands of federal court.

+ What is an indictment?

An indictment in federal district court is a formal accusation against an individual charging him with one or more crimes. The indictment is the principal method by which a federal prosecutor initiates criminal proceedings. In fact, under the Constitution, every Defendant must be prosecuted by way of Indictment unless the defendant affirmatively waives that right. A federal indictment can only be issued by a grand jury, which is a secret group of 16 to 23 citizens chosen from the community. The grand jury hears evidence and testimony from witnesses presented by the prosecution. Once the grand jury hears the evidence, it votes to indict or to not indict, based on whether there is “probable cause” to believe the defendant is guilty. A minimum of 16 grand jurors must be present to vote (a quorum), and at least 12 must vote in favor of an indictment before an indictment can be issued. If the grand jury votes to indict, it will return a “true bill,” signed by the foreperson of the grand jury.

+ What is a target letter in federal court?

A target letter is the means by which the federal government informs individuals that they are targets for a potential criminal prosecution. The letter may come after federal agents have tried to interview you, or it may come without any warning at all. The target letter notifies the recipient about a number of things, including the recipient’s status as a target in a federal grand jury investigation; the crime or crimes that the recipient is suspected of committing; and information for obtaining court-appointed counsel.

+ Is it a good idea to talk to law enforcement agents without a lawyer?

No. When individuals learn they are under investigation, they often have an urgent desire to contact the law enforcement agents conducting the investigation in order to “clear up” the matter. As strong as that impulse is, it must be resisted, since talking with agents without a lawyer is, in the vast majority of cases, a big mistake. Your statements can be used against you. The agents have received extensive training on how to exploit this situation, and they are not there to do you any favors. Only communicate with the government through your attorney.

+ What is a federal subpoena?

There are two kinds of subpoenas: subpoenas “ad testificandum,” which are subpoenas that order an individual to testify at a hearing, and subpoenas “duces tecum,” which order an individual to produce documents (either at a hearing, or, more commonly, make those documents available to the attorneys to a case before a hearing). Failure to comply with a federal subpoena can have severe consequences. A court can sanction your failure to comply with a subpoena with contempt penalties. These penalties may include fines, or even jail time. Because the consequences of failing to comply with a subpoena are so severe, it is important to ensure that you do not find yourself in contempt of court for failing to comply. An experienced federal attorney will protect your interests by explaining what you are and are not required to do in responding to a subpoena, and also possibly negotiating with the government to narrow the scope or coverage of the subpoena.

+ How does the judge decide the sentence in a federal criminal case?

In determining what sentence to impose in a given case, the federal judge will rely on certain factors that are provided in 18 U.S.C. § 3553. These “sentencing factors” include the following:

- The nature and circumstances of the offense
- The history and characteristics of the defendant
- The need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, to provide just punishment for the offense, to afford adequate deterrence to criminal conduct, to protect the public from further crimes of the defendant; and to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner
- The kinds of sentences available
- The need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct
- The need to provide restitution to any victims of the offense.

In essence, the sentencing judge can consider virtually anything about the crime and the individual being sentenced in determining what punishment is appropriate in a given case. In addition to these factors, the recommended federal sentencing guidelines range, although not binding, is an important factor that judges consider to decide the appropriate sentence. To achieve the best possible outcome at sentencing, you should work with an experienced federal lawyer.