If you are charged with a federal crime, the process is different from that in the state-level courts. Federal charges are often brought after an extensive investigation by a government agency or prosecutor. These authorities must present a case to a grand jury before a defendant is indicted for a federal crime.
Hiring a Greenville federal criminal indictments lawyer can help you understand and navigate the complicated legal process. Call Ellis Hinton today to schedule a meeting with an experienced federal defense attorney.
Before federal authorities can indict a criminal defendant, an investigation must be conducted by the relevant federal agency.
For example, the Drug Enforcement Administration could investigate federal drug crimes. Similarly, the Internal Revenue Service could investigate a defendant suspected of tax evasion.
Investigators often work with other federal agencies or prosecutors from the U.S. Attorney’s Office. Investigators will look for evidence to determine whether the government can prove that a crime was committed. Federal investigators can take actions like executing search warrants to gather the necessary evidence to prove a crime.
Evidence for the grand jury is typically categorized as either direct or circumstantial. Direct evidence, such as witness testimony, supports a particular fact without any interference. Circumstantial evidence is based on indirect accounts, not first-hand observations, and is usually less conclusive.
If federal investigators and prosecutors believe there is sufficient evidence to charge a defendant with a crime, the next step in the process is to present the case to a grand jury.
Grand juries usually comprise 16 to 23 impartial citizens who vote on whether there is sufficient evidence to charge the suspect. The prosecutor presents the evidence to the grand jury, which can include witness testimony.
A minimum of 12 grand jury members must agree that there is sufficient evidence to indict the defendant accused of a federal crime. An indictment serves as formal notice that an individual is charged with a crime and includes basic information about the nature of the charges. Our Greenville attorneys can explain the grand jury process for federal criminal indictments in more detail during an initial consultation.
When a defendant is indicted, the case will proceed to a federal court trial unless they agree to a plea deal or pretrial diversion. Federal charges are heard in U.S. District Courts, there are 94 federal districts across the United States and its territories.
Another unique feature of the federal criminal justice process is the wide range of discretion judges have when deciding on an appropriate jail sentence or other forms of punishment. Federal crimes can lead to jail time, fines, or other forms of punishment, such as restitution or disgorgement of illegal profits.
The Federal Sentencing Guidelines provide the framework for judges when deciding on the appropriate punishment. Under these, each federal offense has a base offense level ranging from one to 43, with the higher base level representing a more severe offense.
After the base offense level is determined, a judge is allowed to consider the specific characteristics of the offense to increase or decrease the level. For example, the penalties for cases involving fraud or illegally obtaining a financial benefit are generally harsher for a more significant dollar amount.
Additionally, federal judges have the discretion to adjust the offense level based on factors such as the defendant’s criminal history, acceptance of responsibility, the significance of their role in the crime, or when there are multiple counts in the indictment. Our Greenville lawyers are former federal prosecutors with the experience needed to handle various federal indictment cases.
Speaking with a legal professional early in the investigation process will help protect your legal rights when facing federal charges. At Ellis Hinton, our Greenville federal criminal indictments lawyers are available to help you if you are accused of breaking federal law.
We use an honest, direct, and personalized approach to advise our clients on the potential outcomes of their situation. Our law office is based in Greenville, servicing SC and beyond; do not hesitate to contact us today.
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