Legal Blog: Federal Criminal Procedure

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The Ins and Outs of Misdemeanors in Federal Court

We often think of federal criminal prosecutions as the most serious of all cases but are there federal misdemeanors as well?   The answer is yes, misdemeanors are routinely prosecuted in U.S. District Courts alongside the major felonies.  Federal prosecutors have hundreds of potential misdemeanor charges in their arsenal – everything from familiar offenses like theft to arcane and little known offenses such as Unlawful

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FAQ – Obtaining Exculpatory Evidence From The Prosecution in Criminal Cases

What is exculpatory evidence? The United States Supreme Court has held that exculpatory evidence is any evidence that is favorable to the defendant on issues of guilt or punishment. Exculpatory evidence is also sometimes called “Bradyevidence” or “Bradymaterial,” a name that comes from the Court’s decision in Brady v. Maryland. Does the defendant have a right to exculpatory evidence from

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Target Letters – What to Do If You Receive One

This video discusses target letters in federal criminal investigations. Here we offer a basic overview of target letters: what they are, and what to do and not to do if you receive a target letter. Read more about Target Letters From Federal Law Enforcement.

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Obtaining Favorable Evidence From The Prosecution: Understanding the Brady Rule

Criminal cases in the United States follow, for the most part, an adversarial model.  This means that each side bears primary responsibility for finding and presenting evidence supporting its arguments, while a neutral arbiter—such as a judge or a jury, decides between those competing versions of facts (or law).  An important exception to this adversarial model is the Brady rule,

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5 Things You Need To Know About Federal Sentencing

This video discusses top 5 things you should know about federal sentencing. If you are facing federal criminal charges and elect to plead guilty rather than face trial, you will need the assistance of a seasoned federal sentencing attorney to navigate the sentencing process. Learn more about The Federal Sentencing Process. ​

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Can I be sentenced for a crime I am found not guilty of?

Imagine the following scenario: you have been charged in a multi-count indictment with several interrelated crimes—one count of conspiracy to commit wire fraud and one count of structuring.  The jury acquitted you of the more serious crime of wire fraud conspiracy, but convicted you of structuring.  A good outcome, right?  The answer may actually surprise you, as your ultimate sentence

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3 Ways Federal Criminal Cases Are Unique

This video discusses 3 ways ways federal criminal cases are different from other cases. While there are many similarities between criminal cases in federal and state court (such as the fact that the United States Constitution governs both types of cases), there are also important differences between federal and state criminal cases. Failure to account for these differences is fatal

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