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Federal Pre-Trials

GOOD TO KNOW

  • Importance of Federal Pre-Trials: The pre-trial phase in federal cases is critical and often shorter than in state cases due to prior extensive investigation. Strategic actions during this time can significantly influence the outcome, potentially avoiding trial altogether.
  • Key Pre-Trial Stages: Federal pre-trials involve several stages, including an initial hearing, discovery, plea bargains, and a preliminary hearing (if a not-guilty plea is entered). These steps can occur within weeks of the indictment.
  • Common Pre-Trial Motions: Defense attorneys may file various motions to improve the defendant’s chances, such as motions for dismissal, change of venue, or suppression of evidence. The success of these motions can have a substantial impact on the case.
  • Experience Matters: Experienced attorneys in federal pre-trials can negotiate favorable outcomes, including reduced charges or penalties. Skilled defense counsel is essential to navigating this complex process effectively.

If you’ve been accused of a federal crime, it’s important to hire a criminal defense attorney with experience in federal pre-trials. In federal cases, what happens before the trial can have a huge impact on what happens during the trial, and in many instances can avert a trial altogether.

WHY THE PRE-TRIAL STAGE IS IMPORTANT

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The term “pre-trial” is often used to describe the time frame between when you are formally charged with a crime and when your case is brought to trial. In federal cases, this window of time is often shorter than in state cases because the U.S. Attorneys have often conducted extensive investigations for months or years beforehand, and in felony cases have even secured a grand jury indictment—which means they are already reasonably certain they can convict you if the case goes to court. This is why it’s so important to have an attorney who knows what to do during federal pre-trials: your attorney’s swift and strategic actions during this time frame can greatly increase your chances for a positive outcome.

OVERVIEW OF FEDERAL PRE-TRIALS

Once you’ve been formally charged with a federal crime (usually by indictment), the pre-trial stage begins. Ironically, during this time, your attorney and the prosecuting attorney(s) usually share the same goal: to keep the case from going to trial. You want to avoid harsh fines, penalties and prison time; the federal government wants to avoid the time and expense of prosecuting your case in court. A skilled defense attorney knows how to use this to your best advantage by implementing a number of pre-trial strategies, ranging from negotiating for mitigated charges to exclusion of evidence. Averting a trial doesn’t always mean the charges are dropped (although sometimes it does), but it frequently means your penalties can be significantly lower than if you were convicted in court.

WHAT HAPPENS DURING THE PRE-TRIAL STAGE

Most initial federal pre-trial proceedings are handled by a federal magistrate judge, rather than by the district court judge who would preside over the trial itself. Here’s a quick overview of what typically takes place during the pre-trial, beginning immediately after you are charged. (To give you an idea of how quickly things move in federal cases, most of these things can take place within three weeks of your indictment.)

OUR EXPERIENCE WITH FEDERAL PRE-TRIALS

The more experienced your attorney is with pre-trial proceedings and negotiations, the greater your odds for a more positive outcome for your caseAttorney Marcia Shein has extensive experience and an excellent track record with federal pre-trials, having represented clients in many federal court districts throughout the Southeast

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