What to Expect in a Federal Criminal Case

Eventually, most defendants in most federal criminal cases can expect an out-of-court settlement. As late as the 1980s, criminal trials were somewhat common. Today, they’re almost unheard of. Over 98 percent of federal criminal cases settle out of court.

Such a large majority of criminal cases end in plea bargains because this process creates a more efficient and predictable legal process. Prosecutors secure convictions with less uncertainty, and defendants receive lighter sentences by pleading guilty to lesser charges, often avoiding the risk of a harsher penalty at trial. So, plea bargaining is a way to manage caseloads and provide a quicker resolution for both sides involved.

Whether a case goes to trial or settles out of court, a Tampa criminal defense lawyer uses the same approach. Plea bargaining is not just a matter of taking a prosecutor’s first offer and calling it quits. Rather, plea bargaining is a process that starts with a thorough case evaluation and ends when a Tampa criminal defense lawyer secures the best possible outcome under the circumstances.

Jail Release

A good start is often the key to a successful outcome. The start of a federal criminal case is jail release, not case evaluation and certainly not plea bargaining. If pretrial release is unavailable, a Tampa criminal defense lawyer is behind the eight ball in many ways.

Initial jail release is usually available in most misdemeanor and felony-level cases. Bail bonds, a jail release method that’s been around for centuries, is still the go-to jail release method in modern-day Florida. In many ways, a bail bond is similar to an insurance policy. If a defendant fails to meet the conditions of bail, such as appearing at trial, the bonding company assumes the financial risk of bond forfeiture.

Delayed jail release is available in extremely serious felony-level cases, such as murder, or if the defendant cannot afford to make bail. At a subsequent jail release hearing, a judge considers many factors, such as the defendant’s ability to make bail, when setting the bail amount.

Pretrial Process

When a federal criminal case officially goes to court, a Tampa criminal defense lawyer looks for procedural, substantive, and/or affirmative defenses. These defenses give an attorney an edge during plea negotiations. If a defense might apply, a trial becomes too risky for prosecutors, and they’re willing to make a deal.

Procedural defenses usually include violations of the Fourth Amendment (searches and seizures) or Fifth Amendment (right to remain silent).

Police officers can only seize drugs, weapons, and other physical evidence in limited situations. Similar rules limit the scope of traffic stops and other law enforcement contacts. Common Fifth Amendment violations include illegal interrogations and illegal lineups.

A substantive defense is generally a lack of evidence. A DUI on federal property is a good example. Prosecutors might have substantial evidence of intoxication, such as a positive blood test from a hospital. However, if a competent witness didn’t see the defendant driving or operating the vehicle, the case won’t hold up in court due to a lack of evidence.

Voluntary intoxication is an example of an affirmative defense. This defense applies in specific intent crimes, such as aggravated assault, which require prosecutors to prove that the defendant interned the act (hitting the person) as well as the result (seriously injuring that person). Scientifically, alcohol-soaked brains cannot process such complex thoughts.

Connect With a Diligent Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced federal criminal defense lawyer in Tampa, contact the OA Law Firm. Virtual, home, and jail visits are available.

Source:

pewresearch.org/short-reads/2023/06/14/fewer-than-1-of-defendants-in-federal-criminal-cases-were-acquitted-in-2022/