If you are facing federal charges in New Jersey, you need to start preparing to defend yourself by all means available. While the penalties for federal crimes vary, all federal charges carry serious risks, including the risk of substantial fines and prison time. Defending yourself starts with hiring an experienced New Jersey criminal defense attorney to represent you, and this is a step that you need to take as soon as possible.
7 Keys to Building an Effective Federal Criminal Defense Strategy
When you hire an experienced New Jersey criminal defense attorney to represent you, your attorney will take several steps to target a favorable resolution on your behalf. While this list is by no means exhaustive, the following are some of the key steps involved in building an effective federal criminal defense strategy:
1. Understanding the Federal Charges Against You
A critical first step is to ensure that you have a clear and comprehensive understanding of the federal charges against you and what your possible sentencing exposure may be should you be convicted. In federal criminal cases, the Justice Department will often seek to charge persons with multiple charges. This includes cases involving tax evasion, money laundering, healthcare fraud, government program fraud (i.e., PPP and ERC fraud), and other white-collar crimes.
Just like state charges, federal charges consist of multiple “elements,” and the Justice Department must prove each element beyond a reasonable doubt. This means that clearly understanding the elements of each charge you are facing is critical—as the Justice Department’s inability to prove even a single element can be enough to warrant a pre-trial dismissal or a “Not guilty” verdict at trial.
2. Determining What Evidence the Justice Department Has Against You
Making effective use of the discovery process requires experienced legal representation. A New Jersey criminal defense attorney with experience in federal cases will be able to handle the discovery process for you, requesting all of the evidence you are entitled to receive and assessing the Justice Department’s compliance with its discovery obligations.
3. Determining What Other Evidence is Available
In addition to determining what evidence the Justice Department has against you, your defense attorney will also be able to determine what other evidence may be available. Depending on the nature of your federal case, this may involve conducting a forensic investigation, talking to potential witnesses, engaging experts, and uncovering the relevant facts through a variety of other means.
As a defendant in the federal criminal justice system, you don’t necessarily need to present any evidence in support of your defense—it is enough if you can show that the Justice Department’s evidence is insufficient to prove your guilt beyond a reasonable doubt. With that said, defendants may benefit from putting forward various forms of evidence at trial, whether this evidence is focused on establishing an alibi, demonstrating compliance with federal law, or avoiding a conviction through other means.
4. Evaluating the Relevant Facts Under Federal Law
With a clear understanding of the evidence that is available, your federal criminal defense attorney will be able to examine the relevant facts under federal law. This is where a clear understanding of the charge (or charges) you face comes into play. If the facts support a guilty verdict, then targeting a plea bargain might be your best option.
5. Evaluating Potential Constitutional Defenses
Along with defenses based on the underlying facts of your case, you may also be able to assert a defense based on a violation of your constitutional rights. If federal agents conducted an unconstitutional warrantless search, if they failed to read your Miranda rights, if the Justice Department is withholding exculpatory evidence, or if prosecutors are pursuing charges under a law that wasn’t in effect at the time of your arrest, these are all examples of issues that could prove central to your case.
6. Deciding Whether to Seek a Plea Bargain
The Justice Department will consider plea bargains in appropriate cases. If a conviction in federal court appears likely, it may be in your best interests to target a plea bargain that minimizes the consequences of your charges. An experienced New Jersey criminal defense attorney will be able to help you make an informed decision, and, if you decide to seek a plea bargain, your defense attorney will be able to negotiate with the Justice Department on your behalf.
7. Preparing to Negotiate or Present Your Defense Strategy in Federal Court
Whether you decide to target a plea bargain or fight your case in federal court, you will need to ensure that you are prepared when the time comes. Federal criminal cases can be extraordinarily complex, and this makes thorough preparation essential. When you hire an experienced defense attorney to represent you, your attorney will take care of the necessary preparations, and your attorney will make sure you know what to expect, what to do, and what not to do every step of the way.
You Do Not Want to Try to Handle Your Federal Case on Your Own
Due to the complexity of federal criminal cases and the substantial stakes involved, you do not want to try to handle your federal case on your own. Experienced legal representation is essential. If you are facing federal charges in New Jersey, our attorneys can represent you, but it is imperative that you contact us as soon as possible.
Schedule a Consultation with a New Jersey Criminal Defense Attorney at Helmer, Conley & Kasselman, P.A.
If you are facing federal criminal charges in New Jersey, we encourage you to contact us promptly for more information. To speak with an experienced New Jersey criminal defense attorney at Helmer, Conley & Kasselman, P.A. in confidence, call 877-435-6371 or tell us how we can reach you online.
