Tuesday, January 25, 2022

Federal Trial Process Review

The Federal Criminal Trial process begins right after a defendant’s arrested and even before they’re formally charged. Our Consultants explain with simple but detailed language how the federal criminal court process works, from beginning to end, explaining who the players are (Judge, Prosecutor, Probation Officers and Defense Lawyers  etc..) and where they fall in the scheme of things. We break it all down in detail and describe the chain of events as your case moves from Criminal Complaint, to Arrest, to Bail, to Indictment, to Plea Agreement, to PSR, to Sentencing and what happens at each step along with what motions your lawyer should be filing and why.

Federal Indictment Review

In reality, just because Prosecutors believe a crime’s been committed and charges a defendant, that doesn’t does mean the defendant is actually guilty or guarantees a conviction. In the legal community, it’s been said for years that if they were so inclined the Government could charge a “Ham Sandwich” if it wanted to!

As part of our service, we break apart a defendant’s indictment and search for inaccuracies, while explaining to them the criminal statutes they’re being charged with, and make sure the actual charges and monetary losses or drug quantities stated are accurate, as well as that the defendant hasn’t been charged with additional alleged crimes that possibly cannot be attributed to them. If a Defendant has an Indictment that’s inaccurate, it could lead to them being sentenced to additional prison time along with monetary fines or restitution.

Federal Plea Agreement Review

A Plea Agreement is a central document in every criminal case. We examine our client’s Plea Agreements to ensure the crimes they’re pleading out to are what they‘re charged within their Indictment, criminal complaint, or other charging documents. Many times defendants make agreements to plead guilty to a slew of crimes, only to discover later that there were serious errors overlooked by defense lawyers, and where federal prosecutors were charged multiple crimes piggy-backed to each other that exposed the defendant to additional time in custody!

PSR Probation Sentencing Report Review

The PSR/PSI (Probation Sentencing Report) is by far one of the most important documents in a Federal Criminal case and can have long-lasting effects on a defendant’s time in custody. We spend time coaching clients before they meet with their Pre Trial Services Officer to ensure they disclose important information during their PSR interview that can a positive effect on the amount of time they serve, the restitution they pay, and what type of prison they serve their time in. We review the PSR after it’s been issued to ensure the information contained in the report is accurate.

If a PSR’s contains information that is found to be inaccurate, it could cause the BOP (Bureau of Prisons) to improperly place Management Variables (MGTVs) and Public Safety Factors (PSFs) in an inmate’s central profile and seriously affect their institutional designation, their custody & security level as well as their entire term of incarceration and can also impact an inmate’s ability to request near-release prison transfers, furloughs, and RDAP placement.