Federal charges can be very serious, and competent legal representation is certainly important when a case goes to trial. However, if you expect to be charged with a federal crime, a Miami federal criminal defense lawyer can help you long before you reach a courtroom. Although most people do not plan on defending themselves against federal charges, all citizens should learn why early legal representation matters in federal investigations.
What Can a Lawyer Do Before Charges Are Filed?
Tens of thousands of people are arrested for federal crimes each year. In 2023, over 94,000 people were detained by law enforcement. Federal crimes are defined by Title 18 of the United States Code, which also details criminal justice procedures and sentencing guidelines.
Being charged with a federal crime can be very stressful and anxiety-inducing, but the work of your defense can begin before there are even official charges filed. The following are some things your lawyer can do.
Advise You During Questioning
If you are under investigation for a federal crime, you are likely to be extensively questioned by law enforcement. Officers are generally allowed to ask you anything that might help them investigate the case, and they often use lines of questioning meant to cause defendants to say self-incriminating things.
When you speak to law enforcement, anything you say to them can be used as evidence against you in court. That includes both in-person and phone conversations.
You have the right to have an attorney with you during these questioning sessions. The lawyer can advise you on what to say and what not to say.
Better yet, your attorney can speak for you while you remain silent. Unfortunately, sometimes law enforcement officers use coercive tactics during questioning, so your lawyer can help make sure everything is done fairly and that you are not subject to undue pressure.
Provide Oversight During the Law Enforcement Process
Sometimes, law enforcement officers make mistakes. The criminal justice system has strict rules for prosecuting criminal charges, with the aim of consistent documentation and a lack of personal bias from law enforcement. An attorney can help you by communicating with law enforcement and discouraging the filing of charges without sufficient evidence.
There are also strict rules for how evidence must be collected and filed. When evidence is improperly handled, it can lead to false convictions. In fact, 147 people were exonerated when evidence was reexamined in 2024. Your lawyer can help keep tabs on what officers are doing and watch for any violations of your rights.
Keep Track of Case Progress
Law enforcement investigations can be extremely long and drawn out. Sometimes, years pass between an alleged offense and the filing of charges.
If you have an attorney, they can communicate with law enforcement and request updates on the case. Trying to live your life while you know charges are pending can be nerve-wracking, so this is one way your attorney can provide guidance and support during the investigative period.
Help You Understand Your Situation
If you are not an attorney, you may not have a detailed understanding of the United States justice system. Therefore, you may have questions or points of confusion surrounding your potential charges and outcomes. A seasoned attorney who knows your case well can help you understand your charges and the potential consequences of a conviction.
Build a Defense Case
While the federal investigation against you is ongoing, your attorney can begin doing their own legwork to build your defense. They can review the facts of the case, take witness statements, gather documents and photographs if applicable, and make other preliminary moves to defend you against the charges.
FAQs About Legal Representation Matters in Federal Investigations
What Is the Importance of Legal Representation?
The importance of legal representation cannot be overstated. It affords you the opportunity to properly represent yourself and the facts of your case in court. In the United States, you have the right to represent yourself in all legal matters. However, most people do not have the deep knowledge of the law that it takes to adequately defend themselves. Therefore, enlisting the services of an attorney results in the highest potential for a favorable outcome.
How Does the Effectiveness of Legal Representation Affect the Outcome of a Trial?
An effective legal representative can be the difference between a serious conviction and an acquittal, or even a dismissal. An ineffective lawyer might miss important facts of the case or fail to put together a compelling defense, leading to a conviction if the prosecuting attorney presents a compelling case. However, an effective attorney can build a strong defense, anticipate the tactics of the prosecution, and represent you in a favorable light.
How Much Does a Criminal Defense Attorney Cost in Florida?
The cost to hire a criminal defense attorney in Florida varies widely depending on the complexity of the case and individual attorneys’ rates and fee structure. However, most attorneys require a lump sum payment, called a retainer. The time spent on your case is then billed against the retainer, so you are not invoiced for every individual hour. Ask any potential attorneys about their fee structure before working with them so you understand your obligations.
Can I Be Charged at the State and Federal Levels at the Same Time?
Yes, you can be charged with the same crime at both the federal and state levels, although this is not very common. However, many federal offenses go hand in hand with state-level offenses, so it is more common to be charged with both a federal crime and a related state-level crime at the same time. Your attorney can help you understand the details of your case.
Hire a Federal Crime Lawyer in Florida
When people think about hiring a lawyer, they don’t often consider the benefits of retaining counsel before charges are filed. However, doing so can help you face uncertainty.
If you think you are under investigation for a federal crime, you should hire a federal crime lawyer right away. The sooner you secure an attorney, the sooner you can begin building your defense and safeguarding your future. Contact the Law Offices of Barry M. Wax today to discuss your needs.
