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New York Criminal Court Process
Federal charges require serious representation. When you hire Peter Katz, you get nearly three decades of experience in the courtroom. As a former federal prosecutor, Peter understands how a U.S. Attorney will prepare for a criminal case and what defenses will most likely weaken the government’s arguments.
Complaint Filed
A criminal case begins with the U.S. Attorney’s Office filing a complaint. A federal complaint must be supported by probable cause. Probable cause exists when a reasonable person would believe that, based upon the facts and circumstances, a criminal offense was committed, and the defendant probably committed it.
Evidence establishing probable cause is collected by federal law enforcement agencies, such as the Department of Homeland Security (DHS), the Drug Enforcement Administration (DEA), and the Internal Revenue Service (IRS).
Federal Indictment Process
For indictable offenses, a grand jury hearing will be held. The grand jury hearing must be held within 30 days of the service of the summons and complaint on the defendant. Composed of 23 members. If the jury finds there is enough evidence to charge you formally, then the jury will issue an indictment. Your case must proceed to trial within 70 days from the indictment date.
Preparing for Trial and Discovery
The discovery process involves exchanging information between the prosecution and defense to support their respective cases. Discovery serves a three-fold purpose: (1) preventing surprises at trial, (2) giving you an idea of the strength of your case, and (3) helping you adequately prepare your case.
The government is obligated to release initial discovery to the defendant. This automatic discovery will include any written or recorded statements, transcripts of anyone who testified before the grand jury, and the names of everyone with information regarding your case.
During this time, either side may file motions, formally asking the court to rule on certain issues. It is not uncommon for the defense to challenge the prosecution’s evidence. For instance, the defense may file a motion in limine (asking the court to exclude certain evidence from trial) if the defense believes that evidence was gathered as part of an unreasonable search and seizure.
Trial & Negotiating a Plea Bargain
At trial, both the prosecutor and defense counsel will call on witnesses. Although there is no denying the compelling nature of witness testimony, a federal defense attorney will make strategic choices in the order of witnesses. Both the government and defense will have the opportunity to cross-examine witnesses (question opposing counsel’s witnesses). At the end of the trial, a jury composed of 12 members will acquit or convict you. This decision regarding your guilt must be unanimous.
At any point during the criminal process, the prosecution and defense may negotiate a plea bargain. When the government has convincing evidence against you, you may plead guilty in exchange for a lesser charge, resulting in a reduced sentence.
A federal defense attorney has the skills to negotiate the most favorable terms for you in a plea bargain. The decision to take a plea bargain should be discussed with your attorney. If it is your best option, your attorney will advise you accordingly.
Reach Out to Our New York Federal Defense Attorney Now
Federal charges carry severe penalties. You must seek representation immediately if you are under investigation for a federal criminal offense. We are happy to assist you if you are looking for knowledgeable and tenacious representation. To schedule your free, confidential consultation, contact our office by completing the online contact form.