Houston Federal Criminal Cases

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) February 21, 2012 -- Generally, State governments enforce criminal laws that the State legislature has created criminal law while the federal government has enforces laws that the United States Congress has passed. Many times, such as with felons possessing firearms or drug offenses, the laws can overlap. In these situations, occasionally the State and federal prosecutors will determine who will take the case.

What are the criteria for the feds to take a case that State criminal laws cover? No one really knows, despite supposed guidelines that federal prosecutors follow. Sometimes if it is a “whale,” meaning a sure winner, and is sexy enough to a federal prosecutor, he will take the case. But if the sexy case has a reasonable chance of being lost, a federal prosecutor generally will not go near it. Other times, such as in the Rodney King beating, a State case elicits so much outcry that the feds intervene at some point. Often, it just depends on the federal prosecutor, how busy the office is, how big the case is, whether it is a slam dunk, and whether the feds need to look good politically or juice their stats. . .

So what is the process for a federal crime, such as white collar cases. Here is a general overview:

Arrest: Generally, the feds are reactive, not proactive, so they often act with arrest warrants. That means that the federal investigators, along with a prosecutor assigned to them, will develop probably cause to get an arrest warrant. Once they get the warrant, the Marshalls or the law enforcement agency will execute it. marshals will keep the person in custody until he/she is bailed out, the charges are dismissed, or the person is sentenced. In certain cases—namely drug and terrorism cases—the feds will move to detain the person in custody. Occasionally in white collar cases they will try to detain the defendant but it is difficult given the statutory requirements for detention.

Interrogation: You should never consent to answer interrogation, regardless of whether you are in custody. You have the right to remain silent and have the right to an attorney when you are questioned. You need to exercise these rights.

Initial Appearance: At the defendant's first appearance, a defendant appears before a federal magistrate. This magistrate will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge (more on district judges below). When a defendant first appears before a magistrate, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if her or she can afford counsel. If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate, and, if the defendant qualifies, a public defender or CJA panel counsel is appointed. The affidavit is submitted under the penalty of perjury, and must be complete. After counsel is appointed, the magistrate informs the defendant of the charges and the statutory maximum sentence. The "statutory maximum" is the most jail time that a defendant can receive -- it is rarely the actual sentence that is given. The magistrate then turns to the issue of release, or bail.

Arraignment: Within 10 days of the initial appearance for in-custody defendants, and within 20 days of initial appearance for out-of-custody defendants, a defendant is entitled to a preliminary hearing or arraignment. See Fed. R. Crim. Pro. 5.1. At the arraignment, the magistrate will issue a scheduling order and note which district court judge will preside over the case. With the exception of pre-trial motions hearings which are heard by the magistrate, the district court judge will preside over the rest of the case, for the later trial or plea hearing, and for sentencing if necessary.

Bail options: If the government wants the defendant detained, the prosecutor will move for detention at the initial appearance. Bail in federal court is controlled by the Bail Reform Act, 18 USC § 3141 et seq. There are some cases where the government gets an automatic three (court) days to prepare for a bail hearing. These are called "presumption" cases, for offenses such as drugs, child pornography, and bank robbery. See 18 USC § 3142 (f)(1), (2). The government may also try to prove that the defendant is a flight risk, or a danger to the community - in those cases, the government also gets three days to prepare for the bail hearing. The defense can also ask for up to five days to prepare for the bail hearing.

At a bail hearing, a magistrate must decide whether or not there are any conditions of bond to reasonably assure the defendant is not a flight risk and is not a danger to the community.

Usually, the magistrate will order detention in "presumption" cases.

? Grand jury: The grand jury is compromised of 14 to 23 people selected from the community who will discuss in secret whether a crime was committed and who committed. The prosecutor calls and questions witnesses; based on this one-sided presentation, the grand jury makes its decision whether to indict.

Trial: A judge or jury can preside over the defendant’s guilt. Judges only do sentencing in federal cases, unlike Texas State cases. Federal criminal trials are governed by the Federal Rules of Evidence and the Federal Rules of Criminal Procedure in Title 18, United States Code. If the defendant is found not guilty, he will be released and the bond is exonerated. If the defendant is convicted, he can be held in custody until sentencing, or released pending sentencing if no factors have changed regarding his status as a danger to the community or a flight risk.

Forfeiture is common in federal cases. When forfeiture occurs, the government confiscates funds or property associated with criminal activity. There are two types of federal forfeiture: criminal and civil. A federal criminal defense lawyer can, on top of defending the federal criminal case, generally handle forfeitures arising out of the federal case.

The federal court process and the procedures are entirely different from state courts. Hence, the importance of hiring a Houston criminal lawyer with experience in federal court. It is especially important to hire a qualified federal criminal defense lawyer or law firm. Neal has experience and expertise in the defense of federal criminal cases.


Go to www.houstoncriminalattorney.com, for further details regarding criminal attorneys in Houston, Texas.

For more information contact
Neal Davis
http://houstoncriminalattorney.com/

Neal Davis Law Firm, PLLC
Commercial Bank Building
917 Franklin Street, Suite 600
Houston, Texas 77002
Telephone: (713) 227-4444

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