Texas Criminal Lawyer Blog

According to the Fifth Amendment of the U.S. Constitution: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury.”

That grand jury referred to in the Constitution must consist of between 16 and 23 people empanelled to listen to evidence presented by a federal prosecutor to determine whether evidence exists to charge a person with violation of a federal crime. (Typically a felony).

Basic differences between grand juries and trial juries

o Unlike trial juries, also known as petit juries, grand juries do not determine whether as person is innocent or guilty of the crime. All they do is determine whether the prosecution has shown there is “probable cause” that a crime was committed and that a particular person or person probably committed it.

o Jurors are not screened for biases like they are in typical trials.

o Also, unlike in typical trials, jurors themselves can ask questions to witnesses. Sometimes the jury foreperson will ask questions after a prosecutor has finished with a witness. Other times, jurors will ask prosecutors to ask questions for them.

o With grand jury proceedings, the prosecuting attorney presents evidence directly to the jurors -- there's no judge around, so no objections can be raised.

o The deliberations are done in secret. The only people generally allowed inside the grand jury room include: the prosecutor, the witness being examined, the jurors and a court reporter (and, possibly, an interpreter).

o If the jury finds that there is a probable cause that you did commit the crime, they issue what’s known as an indictment. This is a piece of paper prepared by the prosecutor which sets forth the legal charges against the person indicted.

o A grand jury indictment is needed before someone can be prosecuted for a federal criminal charge. Grand juries also exist in states, but only about half of states use grand jury systems.

The Prosecutors’ Ballgame

In may ways, it’s the prosecutors’ ballgame. The prosecutor gets to pick what witnesses will be called and what kind of evidence to show the jury. The witness’s attorney will have to wait outside the room. The witness can consult with his or her attorney.

Prosecutors can subpoena nearly anyone to go before a grand jury -- even without probable cause that that person has significant information about the case. And the person subpoenaed must answer questions asked by either the prosecutor or the jurors, unless the person can invoke a privilege, such as Fifth Amendment self-incrimination protection; lawyer-client privilege; or marital privilege.

There is no attorney allowed in the Grand Jury room. In federal cases, the attorney may wait outside the Grand Jury room and the witness may leave the room to confer with his or her attorney during the proceedings.

Help with Federal Criminal Charges

If you or a loved one stands accused of a federal crime, you must to find an experienced federal criminal defense attorney to represent you and advise you about how to best handle these very serious charges.

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Posted In: Federal Crimes

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I represent a lot of folks stopped at the Sierra Blanca, Texas checkpoint on IH 10 about 100 miles east of El Paso. I seldom if ever get a chance to talk to someone beforehe or she is arrested. If I did, here is what I would tell them:

If you’ve been arrested at the Texas-Mexico border, or at a “functional equivalent of the border” like the U.S. Customs/Border Patrol checkpoint on IH-10 at Sierra Blanca, Texas, -- here are some things to do, and not to do:

1. DO NOT talk to the border patrol or other law enforecement officers about the facts of your case, period.

The U.S. Constitution grants you the right to remain silent. If you do start talking, the comments you say can be used against you in court, and even seemingly innocent things that you say can come back to haunt you. You have to identify yourself, and produce identity information such as a driver's license or passport. Other than that, keep quiet!

Exceptions apply, however. If a judge orders you to answer questions, you must. And if you are not a United States’ citizen, at a border, law enforcement officers can require that you answer whether you have the permission to enter or come back to the United States.

2. DO note if officers stopped you explicitly because of your gender, religion, race, or ethnicity.

Customs officers can stop, search and detain anyone at the border, but they CANNOT do searches based solely on your religion, ethnicity, race, or gender.

3. DO NOT resist arrest or tell the officers they lack probable cause to arrest you or search your vehicle.

Resisting arrest or fleeing from officers can only get you into more trouble and can lead to separate charges, even if you’re ultimately cleared for the offense you’re being arrested for. Stay calm, keep your head, and contact an attorney as quickly as possible to help you deal with the border crime charges.

4. DO realize that many different kinds of officers can stop, search, and detain you.

A wide variety of Federal and state law enforcement agents work at the Texas-Mexico border or near checkpoints like Sierra Blanca, Texas. They include (but are not limited to):

o Homeland Security
o U.S. Immigration &Customs enforcements agents (ICE)
o DEA
o Joint Terrorism Task Force
o FBI
o Texas Department of Public Safety (DPS) troopers

5. DO NOT forget to write down any pertinent information about your stop, search, or arrest as soon as possible after the events
.
Memory is tricky. Details that may seem crystal clear in your mind can change or warp or disappear. That’s why eyewitness testimony is notoriously unreliable. So jot down details ASAP before they blur in your mind. For instance, write down any direct quotes you remember. Write down your recollections of the entire incident from beginning to end.
If any officer mistreated you or acted outside the law in any way, note that. Write out the sequence of events that occurred, so you and your attorney can look over what happened carefully and use the timeline reconstruction to aid your attorney in your defense.

6. DO NOT make panicky, rash decisions in the wake of your arrest or stop.

All too often, people who get arrested compound their problems by making panicky phone calls to relatives, admitting things that they shouldn’t to the police, bargaining inappropriately with the police, or even trying to flee arrest.

Again, be mindful of the longer-term consequences of these actions. If you behave appropriately and locate a reputable lawyer who has experience with border stops such as Sierra Blanca, you will be served much better.

Posted by Michael J. Brown | Permalink | Email This Post

Posted In: Drug Offenses

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The Hudspeth County courthouse in Sierra Blanca, Texas continues to do a booming business by virtue of its strategic location near the Federal checkpoint on Interstate 10 just a short distance away.
Sierra Blanca's checkpoint is known as a "functional equivalent of the border"; this is due to its strategic location along the Mexican border just 15 miles from the Rio Grande--which enables the U.S. Customs and Border Patrol to search cars for drugs and illegal aliens without warrants or probable cause. Federal Law treats these checkpoints just like the border: all who stop are subject to being searched.
Recently, Customs agents with drug dogs have been patrolling the long lines of vehicles stretching for as far as 1/2 mile on some occasions. The dogs bump the cars with their trained noses,"alerting" when drugs or marijuana are detected; the drivers are then exited from their vehicles and the dogs enter the cars and narrow the search. Often entire vehicles are seen unloaded upon the ground, parts of their interiors strewn about the pavement.
Folks caught with small amounts of marijuana or drugs such as methamphetamine, cocaine, ecstasy, and other illegal substances are detained and then turned over the the Hudspeth County Sheriff for prosecution under Texas law.
Larger amounts of drugs and very large amounts of marijuana (usually over 100 lbs.) are referred to the Federal authorities and end up in Federal Court either in Alpine or El Paso.
Since I first started representing people in Sierra Blanca, the little town has sprouted 2 new motels, a few new restaurants, and a new Federal prison unit for illegal aliens detained here or awaiting deportation. Local Bail-Bondsmen make bonds for the arrested unfortunates, and the local sheriff impounds vehicles which are kept in private lots until their owners are bailed out, and can then bail out their automobiles.

Continue reading "Sierra Blanca Checkpoint in Hudspeth County, Texas is Still Doing a Booming Business " »

Posted by Michael J. Brown | Permalink | Email This Post

Posted In: Drug Offenses

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Whether you have been arrested for a federal Internet crime or tagged for illegal behavior while crossing the border from Mexico to Texas, you need a credentialed, results-proven attorney in your corner.

As you research the best lawyer for your case, consider these 7 reasons why to pick a former prosecutor to defend you.

1. Former prosecutors know how other prosecutors think.

Whether you settle out of court or go to trial, you ultimately must “go up against” a prosecuting attorney (or team of prosecutors). To joust effectively with these opponents, you need to know how they think. A former prosecutor can more easily “get into the heads” of those working hard to put you behind bars.

2. Former prosecutors boast a more well-rounded perspective.

A former prosecutor turned criminal defense attorney must understand the law “both backwards and forwards,” if you will. Different vantages give these lawyers a special and deeper understanding. Consider this analogy: choosing a golf coach. Ideally, your coach should know how to swing a club as well as how to teach others. A coach who has a perspective as both player AND coach will have an edge over coaches who spend their careers teaching but never playing in tournaments.

3. Most Judges respect experienced former prosecutors.

Judges see themselves as neutral arbiters of the law. Thus, they tend to respect attorneys who demonstrate a similarly equal-minded approach to the kinds of cases they take on.

4. Former prosecutors can "tell it like it is".

Sometimes, it helps to have a former prosecutor “tell it like it is.” For instance, let’s say your child was arrested for smuggling drugs over the Texas-Mexico border. You obviously want him to get a good legal defense. But you also want him to learn better behavior. A prosecutor-turned-defense-attorney can draw on personal anecdotes to “scare kids straight.”

5. Former prosecutors have seen both sides of the table

To work as both a prosecutor and a criminal defense attorney, you need to learn that much more about the law, its theory and its application. The more knowledge you have about criminal defense law, the more strategies and tactics you can pull out of your black bag.

6. Former prosecutors often know the prosecutors who will be trying your case.

Knowledge of your opponent is key to victory. If your attorney has worked with other prosecutors -- seen how they operate, seen what kinds of arguments they make and what kinds of opportunities they miss -- he or she you can build on this knowledge to great strategic benefit. Think about great performers in any domain. Before they go up against one another head-to-head in a tournament, they study each other closely. A chess player, for instance, will pore over his opponent’s games for weeks prior to a championship match. Trials can be similar. Thus, any insight your attorney has into the personalities of the opposing counsel can help you.

7. Former prosecutors often turn to criminal defense work because they have empathy.

Too many attorneys these days do what they do strictly for financial gain. Of course, every attorney in some sense is profit-minded. But ideally you want a lawyer who has chosen a career in law out of a desire to right the wrongs in the world and to defend those who are unjustly or wrongly accused.

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What does it mean to be Board Certified in Criminal Defense by the Texas State Bar?

In a word, it means an attorney is credentialed. The Supreme Court of Texas created the Texas Board of Legal Specialization in order to recognize levels of expertise in certain areas of the law.
The Board, whose members are appointed by the President of the Texas State Bar, administers the certification program. If you want more information about the Board, you can call 800-204-2222 or 512-463-1454.

Requirements of Certification

An attorney must do the following to get the certification:

• Demonstrate detailed knowledge of Texas and federal constitutional law as well as penal laws and evidence and procedural rules
• Have practiced law for 5+ years
• Have practiced criminal law, specifically, for 3+ years
• Have handled an array of criminal cases
• Pass a rigorous examination given by judges and other lawyers
• Successfully complete a full day written exam
• Keep up with continuing education by attending seminars

How long does the certification last?

The first time an attorney is certified, it is valid for five years. But each attorney must reapply to be re-certified every five years. This means maintaining educational requirements, practicing law, and passing rigorous peer review from other lawyers and judges.

How can you tell whether an attorney has been Board Certified to practice Criminal Law in Texas?

Only attorneys who have gone through the rigorous training and testing are allowed to advertise that they have been Board Certified in Criminal Law by the Texas Board of Legal Specialization.

Can a non-Board Certified lawyer handle your case?

Of course. However, given the stakes you face – and the potential punishments you might endure if you are convicted, which can include jail time, huge fines, strict probation terms, and a loss of other privileges – it generally behooves a defendant to work with someone who has demonstrated proficiency in Texas criminal law and procedure. A credentialed attorney who understands the law both in theory and in practice -- and who has won the approval not just of judges but also of his or legal peers -- will generally be more capable of developing an intuitive, innovative defense for you.

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Five Common Types of Internet Crimes

Internet crimes run the gamut from dizzyingly technical phishing attacks to salacious matters involving pornography and online sex.

This article will examine Five common types of online crimes.

1. Fraud schemes

According to the Internet Crime Complaint Center (also known as the IC3), the biggest web fraud crime (44%+ of fraud cases) is auction fraud. This involves duping victims through services like eBay. Other kinds of fraud include:

o Confidence fraud
o Online bank fraud
o Credit card fraud
o Failure to deliver merchandise

2. Sexual/pornographic Internet crimes

Possessing, distributing or producing sexual images of children under the age of 18 can be punished swiftly and brutally. Prosecutorial crackdowns do catch legitimate offenders; however, innocent people who make small errors in judgment and wind up in possession of illegally obscene material can get caught up in the net as well.

3. Identity theft-related Internet crimes

Spam and scam artists siphon tens of millions of dollars from web users annually. One popular crime is called spoofing (a.k.a. phishing). In this crime, a person sends a fake e-mail that appears to be from a legitimate business to trick the victim into giving away personal information, such as a Social Security or credit card number.

Hacking is another kind of identity fraud. A malicious user breaks into a computer system and uses the unauthorized access to commit further crimes, such as stealing from an online bank account.

4. Cyberstalking/harassment

Cyberstalking can be considered legally equivalent to real world stalking -- and can be punished accordingly. The following could constitute cyberstalking:

o Sending unwanted e-mails to a person
o Impersonating someone in a forum or chat room
o Spreading lies or rumors about someone on the web

Online harassment is a sister crime. The following could constitute harassment:

o Sending repeated annoying emails to someone
o Threatening someone physically in an e-mail or chat room

5. Online investment fraud

Online fraud crimes can get very creative. A famous example is the Nigerian Letter Scam. The scam artist e-mails a victim, claiming to be a foreign businessperson or benefactor (e.g. a high-up in the Nigerian government). The rich foreigner is in desperate need of a small amount of cash to get out of a jam. The victim is encouraged to send that cash to an overseas bank account -- in exchange for a promise (never delivered, of course) of a big reward later on. Thousands of variations on the Nigerian letter scam exist.

If you or a loved one has been arrested for an internet crime (or any other federal crime), you may need experienced legal counsel to craft a savvy defense.

I am board certified in criminal law by the Texas Board of Legal Specialization. I has tried over 150 criminal cases -- in both federal and state courts. As a former prosecutor and FBI agent, as an experienced Federal Criminal Lawyer, I understand how prosecutors and judges think, and I use this perspective to develop powerful and surprising strategies for my clients.

Please read my website at www.micjbrownlaw.com to learn more about my credentials and philosophy.

Don’t let those burning questions keep you up at night. Get good answers and peace of mind - contact me at 325/574-2000.

Posted by Michael J. Brown | Permalink | Email This Post

Posted In: Federal Crimes

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According to the U.S. Federal Sentencing Guidelines, federal crimes can be classified in terms of 43 offense categories. The offense level is matched up with the Criminal History Category (there are six different history categories) to determine sentencing. To find a recommended prison sentence, a judge simply cross-references the offense level with the Criminal History. For instance, an offender who commits a level 16 offense and who has a Criminal History of IV, according to the table, should get 33 to 41 months behind bars, all things being equal.

Of course, sentencing is much more complicated than that. Sentences can be adjusted based on numerous factors, such as:

• Whether a vulnerable victim was harmed during the commission of the crime.
• Whether the defendant played a major or minor role. Ringleaders can face elevated offense levels; minor contributors can get lower offense levels.
• Whether the defendant cooperated with prosecutors or obstructed justice. Obstructing can get your offense level bumped up; cooperating can knock it down.
• Whether the offender committed other crimes concurrent with the offense alleged.
• Whether the defendant accepts some responsibility.

The US Federal Sentencing Guidelines have undergone multiple reformations since they were first cast in 1984. Congress created the guidelines to prevent different judges from imposing widely different sentences for similar crimes. In the mid 2000s, two cases challenged the constitutionality of the guidelines. These two cases – Blakely v. Washington and United States v. Booker – modified how judges can use the guidelines to impose sentences.

How Offense Categorization Works

1. The judge examines the base offense level for a particular charge.

For instance, first degree murder has a base offense level 43 – the highest you can get. Kidnapping and unlawful restraint has a base offense level of 32. Trespass has a base offense level of 4. And so forth.

2. The judge considers whether to adjust the base level.

For instance, if, in the commission of a robbery, an offender harmed a vulnerable victim, his offense level may be bumped up. The guidelines are incredibly complicated regarding what merits changes in offense levels. Even experienced federal criminal defense attorneys must stay on top of their game to provide best defenses for their clients.

3. The Criminal History Category is also accounted for.

4. The sentencing table recommends a prison sentence and zone category.
Zones have to do with probation. If your offense falls into Zone A, for instance, you can get straight probation. If your offense falls into Zone C, on the other hand, you may be eligible for probation, but you at minimum have to serve half of your sentence in prison.

5. The judge uses discretion to depart from the guidelines – upwards or downwards.

Judges cannot depart arbitrarily – they must justify their decisions. Thanks to Blakely and Booker, they must rely only on the defendant’s admissions and the jury’s verdicts to calculate recommended sentences. For instance, if the judge believes an offender obstructed justice but the jury did not find that the defendant obstructed justice – the judge cannot use this charge to ratchet up the offense level (and thus impose longer sentences).

As you can see, even from this pared down discussion, the US Federal Sentencing Guidelines and 43 offense categories can get extremely complicated. To prepare your best defense, it behooves you to get in touch with a veteran and battle-proven federal criminal defense lawyer.

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Searching for the perfect federal criminal defense attorney to represent you (or a family member) at trial can be an exercise in frustration. There may seem to be many apparently qualified lawyers are out there. But without deep knowledge about the background of prospective attorneys, how can you make a good decision about who should represent you?

Here is some advice to ground you: Choose an attorney with jury trial experience.

Here’s why.

1. More plea bargaining power.

Prosecutors have long memories. They personally know many of the federal criminal defense attorneys they will be squaring off against. Prosecutors fear going against experienced Federal trial lawyers because these attorneys can use their skills to make trials long, expensive, and complicated for them. Conversely, if prosecutors face defense attorneys with little to no Federal trial experience, they might be far more willing to take the battle to court.

In other words, working with an experienced trial attorney will -- ironically -- lead to smaller chance that you will actually go to trial! Rather than face off against experienced foes, prosecutors may be willing to “plea bargain” down your charges, for instance.

2. Experienced jury trial attorneys have skills communicating with judges and juries.

An experienced trial attorney knows what to say to juries and judges -- and, perhaps even more importantly, knows what NOT to say to them! If your lawyer had never gone to trial -- or has only rarely been in court -- there’s no way he’ll have enough experience with this kind of fragile and nuanced communication to get good results.

3. An experienced defense attorney knows the rules and procedures.

A jury trial is like a dance. There is a rhythm to it. Both unstated and stated rules of protocol apply. At the risk of being redundant… you can spend decades studying the formalities of jury trial defense, but until you’ve put theory into practice, you can’t provide best service.

For example, consider the art of cooking. Would you rather have a meal prepared for you by a chef who memorized a cookbook or a chef who spent five years in charge of a kitchen at a three-star Michelin restaurant?

4. An experienced attorney understands both the art and science of trial defense.

To master the game of jury persuasion, you need skills in a variety of arenas, including cross examination, jury selection, evidence presentation, redirects, opening and closing arguments, rebuttals, rules and procedures, and so forth. In some ways, a federal criminal defense attorney is only as good as the weakest link in his skill set. The only way for an attorney to find out where his true strengths and weaknesses lie is for him to go through the process many times. So, the question is, do you want to be a test case for a relatively green lawyer, or do you want an experienced old hand to guide you to your best possible defense?

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All about Federal Income Tax Crimes

The Internal Revenue Service Code 7201 defines income tax fraud as a felony punishable by fines, prison time, and other penalties. Tax fraud is just one of a diverse list of potential income tax crimes pursued by the IRS’s Criminal Investigations division.

Basic types of income tax crimes include:

• Failure to file a tax return
• Intentionally submitting false information on a tax return
• Taking more deductions than you are allowed
• Falsifying financial statements or other documents
• “Laundering” money so as not to have to report it to the federal government
• Claiming personal expenses as business deductions
• Storing money that should be taxed in accounts overseas and not reporting that money
• Collecting income taxes from employees and then not giving this money to the IRS

How and why the government fights back so hard against income tax crimes

According to an independent Cornell University-sponsored inquiry, income tax crimes cost the federal government close to $350 billion a year, annually. Thus, the government obviously has a huge motivation to go after individuals whom the government thinks are shirking their tax responsibilities.

To this end, the IRS runs a dedicated branch called Criminal Investigations (CI), which tracks down delinquent taxpayers. The biggest CI program is the General Tax Fraud Program, which investigates instances of money laundering, evasion, and similar crimes. Criminal Investigations also looks into allegations of financing narcotics or terrorism.

Criminal and civil penalties possible:

Taxpayers can be hit with both criminal and civil charges.

Criminal charges can lead to prison time, if a suspect is convicted. In addition, someone who fails to file an income tax can be subjected to fines of $25,000 for every year that he or she failed to file -- going back a full six years from the time that a tax return should have been submitted. For instance, if someone failed to file for tax year 2007, the government can look all the way back to 2001 in his or her records. Further, the Federal Sentencing Guidelines are based primarily upon the amount of income not claimed.

Civil charges can be similarly severe. The penalties for failing to pay can accumulate indefinitely -- as opposed to getting cut off after six years -- and perpetrators also have to pay interest on the taxes owed, which can really add up. If convicted of a federal income tax crime, you may also have to pay fines and other penalties.

Famous tax evaders

The most famous tax evader of all time is the Chicago gangster Al Capone, who was busted after investigators spent years trying to arraign him for more serious charges pertaining to his criminal enterprises. Famous modern tax evaders have included entrepreneur Martha Stewart, country musician Willie Nelson, and President Obama’s Treasury Secretary, Timothy Geithner.

If you or a loved one has been charged with a federal income tax crime, it behooves you to speak at once with a competent and trial-proven federal criminal defense attorney.

Posted by Michael J. Brown | Permalink | Email This Post

Posted In: Federal Crimes

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Four Dangers of Internet Sex Addiction

Internet sex addiction is a vastly under reported problem in the American population. With more and more people logging onto online fantasy sites, chat rooms, forums, and other pornographic arenas every day, psychotherapists and criminal defense attorneys alike are seeing a huge increase in the number of people who have become dysfunctional as a result of their addiction to cyber sex. Below, we review four common dangers.

1. Internet sex addiction drains your money and your time.

Compulsive addicts spend hundreds (sometimes even thousands) of dollars a month on things like paid live chats or paid scripted fantasies (paying online porn stars to act out a specific, highly elaborate personal fantasy). Probably, however, the biggest money wasting aspect of internet sex addiction comes from productivity drain. People who spend hours a day online looking at pornography instead of doing work can lose their jobs and see their income streams shrink. Also, the time they spend online takes away from time they could be using to pay bills, participate in networking activities, and look for work.

2. Internet sex addictions can destroy good relationships.

How many marriages have fallen victim to internet sex addiction? How many people have become isolated because they escape into web-based fantasies as opposed to confronting their real life vulnerabilities? How many otherwise healthy sexual relationships have gotten deformed or thrown off track when one (or even both) partners get sucked into online sex fantasy?

3. Online sex addictions have a way of sharpening so-called “paraphilias.”

A paraphilia is a strange or abnormal sexual fixation, like a fetish. Individuals develop paraphilias as children or adolescents. They often find like-minded communities online. By searching out pornographic sites that cater their paraphilias, these people can experience a warping of perspective. Taken to an extreme, this can prevent them from forming healthy relationships and having gratifying encounters with real people.

4. Internet sex addiction can lead to crimes.

The internet is by and large an anonymous environment, one in which you can operate for free, and one in which you have literally millions of potential sexual partners. It is also an arena in which it is easy even for normally law-abiding citizens to cross the line and do illegal acts. For instance, a classic example is a man who looks at pornography and ends up downloading pictures of underage women. He may not have even known a picture was of an underage woman, but he nevertheless violated the law. Also, the pain of the consequences of internet sex addiction itself can drive people to do dumb or dangerous or aggressive things that can get them in trouble.

What should you do if your internet sex addiction has gotten you a visit from the FBI?

A knowledgeable attorney who has experience dealing with internet sex addiction crimes can provide a free and confidential consultation about your rights and obligations. Given how much is at stake for you and your family, it’s never too early to consult a lawyer, especially when you are facing Federal charges relating to obscenity on the internet or child pornography.

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Six Things Not to Do If You’ve Been Accused of a Federal Crime

1. Try to convince the arresting office that you’re innocent.

In the heat of the moment, you may think you can get a police officer to “be on your side.” But the more you talk, the more potential damage you can do to your case. You may inadvertently say something that can later be held against you. Even innocent admissions may come back to haunt you. Also, you are not going to be able to convince the officer to “let you go.” Remember your Miranda rights: “you have the right to remain silent” and “anything you may say may be used against you.” Take these rights to heart.

2. Resist, yell at, argue with, or run away from local police or Federal Agents

Assaulting a police officer or resisting arrest can lead to criminal charges -- even if you’re innocent of what you’re being arrested for. Bumping or pushing a police officer can get a simple misdemeanor charge jacked up to a felony charge, which is much more serious. Running away is also a big no-no. First of all, there’s almost no chance you would escape. (And what would you do next if you did?) Second, the police might use extreme measures -- including weapons -- to bring you under control. And do nottell the officer that he does not have probable cause for the search!

3. Allow the police to consensually search your automobile or home

Without a warrant or probable cause, officers in general may not conduct searches without your consent. It is your constitutional right to refuse a search of your home or automobile by Federal agents or local or state police officers. Whether or not you have something to hide is irrelevant.

4. Ignore court orders.

Fail to show up to a scheduled hearing or act inappropriately at court, and you can be held in contempt. Your defense can get much more difficult.

So dress well for court appointments, show up on time, and in general be composed about what you say and how you handle yourself. Simple acts of courtesy can make a more substantial difference than most people realize.

5. Be satisfied with a public Defender - or choose to defend yourself.

When you stand accused of a federal crime, knowledge is power. If you do not understand the federal criminal system and its rules, you can easily make errors that can cost you dearly. An experienced, credentialed, and strategically focused attorney can help you navigate the criminal justice system to good effect. Furthermore, an attorney of your choice is going to pay a lot more attention to you and your case.

6. Rush to make a decision about who should represent you.

Most people who stand accused of federal crimes want to get legal help right away -- as well they should. But in their zeal to find an attorney, clients often choose inappropriate counsel. Ideally, you want someone who has lot of experience with federal cases, someone who has successfully handled cases like yours in the past, and someone with whom you have a good rapport.

I represent people charged with Federal Crimes, and have been doing so for many years. What I have told you is a result of the mistakes made by others. I hope you are able to learn from their mistakes instead of from your own.

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What Is the United States Sentencing Commission?
Why Might It Be Important To Your Case?

The United States Sentencing Commission (USSC) is an independently operated judicial agency that does several things:

1. It sets sentencing policies for federal criminal offenders.
2. It advises lawmakers about effective anticrime policy.
3. It collects and processes information about federal crimes and sentencing and serves as a general resource.

The Commission creates what are known as sentencing guidelines. Federal judges must consult these guidelines when determining sentencing.

Congress created the Commission as part of the 1984 Comprehensive Crime Control Act to make sure that sentencing for federal crimes would be more structured and fair.

How the Guidelines Work

The guidelines are designed to take into consideration two key questions:

1. How serious was the crime committed?
2. What kind of criminal record (if any) does the defendant have?

Federal crimes are categorized into one of 43 categories, also known “offense levels.” Defendants are also categorized according to their criminal history into six categories.

The United States Sentencing Commission advises judges to use these categories to determine appropriate sentencing. Judges have discretion and may depart from the recommended guidelines, but they must at least consult them.

What should you do if you’ve been accused of a federal crime?

Find a lawyer with years of experience in Federal Courts who knows the guidelines and how they are applied by the particular Federal Judge in the U.S. District Court before whom you are going to appear.

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Posted In: Federal Crimes

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