What happens at a federal pre-trial detention hearing?
Generally, at a pretrial detention hearing in Federal Court, the court will be looking to two factors to determine whether or not you should be released on bail or whether or not you should be detained in custody until your case is tried before a jury. Those two factors that the court considers, number… Read More »
What does the U.S. Department of Justice’s Public Integrity Section do?
Generally, public integrity investigates allegations of bribery, extortion, obstruction type crimes involving public officials in jurisdictions, either where the local US attorney is recused, or is disqualified because of some conflict of interest, or because they may be involved in some nationwide program involving corruption investigations.
What are the federal sentencing guidelines?
Sentencing guidelines are a set of rules that the court uses to evaluate what a sentence should be in a particular federal case. It used to be mandatory, and then recently, the Supreme Court ruled that the court should use the sentencing guidelines to determine what a sentence should be, but it should not… Read More »
Should I take the fifth?
Generally speaking, if there is evidence out there that you feel that may tend to incriminate you or that you’re even concerned about, it’s always a good idea to take, The Fifth Amendment, and the way you do it is important. Say, “Listen, I’d like to talk to you but I’d like to talk… Read More »
Should I plead guilty and/or cooperate with the government?
But whether or not you should plead guilty is probably the most substantial decision you and your attorney can make. And it should be made by consulting with an attorney who is competent, who knows the evidence backwards and forwards, knows the law involved and can adequately advice you of the risks involved in… Read More »
Is it a felony to fail to file an income tax return?
Generally speaking, failure to file an income tax return is a misdemeanor offense. It can be a felony if there is evidence that the failure to file is willful. Well what does that mean in English? Well, generally the IRS requires some affirmative evidence that failure to file is part of a scheme to… Read More »
If I am charged, will I be entitled to bail?
Under the 8th Amendment to the United States Constitution, everyone has the right to a reasonable bail, except where they pose a danger to the community or pose a substantial risk of flight.
How much time will I serve on a federal sentence?
Generally speaking, most defendants end up serving 85% of whatever sentence the judge imposes, so that means if the judge imposes a year and a day or more, you’ll receive a sentence of 85% of that. You will serve a sentence of 85% of that. There is no federal parole so that’s going to… Read More »
How do I know if I am under investigation for federal charges?
Generally speaking, if you are under investigation, you’ll ideally, from the point of view of law enforcement, be the last person to know. You’ll find out because they’ll be talking to associates of yours, friends of yours. Perhaps they’ll subpoena records from certain institutions that you’re associated with or spinning your bank records, for… Read More »
Do I need an attorney if I am only under investigation, but not yet charged?
You absolutely need to engage a qualified white-collar criminal attorney as soon as you get any inkling that you’re under investigation, because most investigations take a year or two to complete before charges are filed. That gives the prosecutor a huge advantage in terms of time in which they’ve invested in the investigation. As… Read More »
