Texas Federal Criminal Defense Attorneys

You have a right to refuse to make any statements. If you have a lawyer, never make a statement to anybody without talking to your lawyer first.

• If you are charged with a felony, you have a right to have your case presented to a grand jury where a group of citizens vote as to whether there is probable cause you committed the crime charged. If you are arrested for a felony offense before an indictment is returned, you have a right to a preliminary hearing where a magistrate judge determines if there is probable cause you committed the crime charged.
• You have a right to be represented by an attorney and have an attorney appointed by the court if you can show that you cannot hire an attorney.
• You have a right to a detention hearing if the government seeks to keep you in jail pending your trial.
• You have a right to discover the evidence against you.
• You have a right to have the government prove any charge against you beyond a reasonable doubt. The beyond-a-reasonable-doubt standard is the highest standard of proof in the American justice system.
• You have a right to a speedy jury trial. Unlike in state court, a jury in federal court only decides the issue of guilt and innocence, not the sentence.
• If there is a trial, you have a right to testify at the trial. But, on the other hand, you cannot be forced to testify, and if you choose not to testify, that fact cannot be used against you.
• You have a right to use subpoenas to make witnesses come to court and testify on your behalf at any trial.
• If there is a trial, you have a right to have your lawyer cross-examine the government’s witnesses.
• You have a right to appeal your case, and if you cannot afford a lawyer, you have a right to an appointed lawyer on appeal.

The federal sentencing guidelines are complex, and one of the primary reasons you need a lawyer with experience in federal criminal defense if you are charged with a crime in federal court.

The sentencing guidelines calculate prison sentences using a table that includes factors such as your criminal history, all of your criminal conduct, whether you accepted responsibility for the charges against you, and your role in the offense. The sentencing guidelines also determine if you are eligible for probation or home confinement. Usually, only those with no criminal history or a minor criminal history qualify for probation or home confinement. A judge typically will consider these guidelines while imposing a sentence.

In some circumstances, the judge can depart or vary upward or downward from the sentencing guidelines in a particular case. Downward departures are most frequent in cases where a defendant cooperates with the government by giving information regarding other people. Again, it is vital to retain a lawyer who works with the federal sentencing guidelines daily and is familiar with how the guidelines are applied and the exceptions to the guidelines.

Most drug cases involve not only the sentencing guidelines, which are quite harsh in drug cases, but also involve mandatory minimum sentences determined by the drug amounts. Moreover, a defendant can be held accountable for drugs possessed by another person simply if the defendant and the other person engaged in joint criminal activity, and the other drugs were foreseeable to the defendant.

Sentences are particularly harsh in cases involving crack cocaine, methamphetamine, or fentanyl. For example, if it is found that a defendant with no criminal history possessed with the intent to distribute 280 grams of crack – or even if only part of the 280 grams was possessed by the defendant and the rest was possessed by a co-conspirator and foreseeable to the defendant – the defendant faces a mandatory minimum sentence of 10 years in prison.

It is impossible to provide a general answer to this question, although most cases are generally resolved through a plea bargain. In deciding whether to accept the plea bargain, the two most important things are:

• Do you understand all the consequences of the plea bargain?
• Do you have confidence that your lawyer is acting with your best interest in mind?

Some things to make sure you understand before accepting a plea bargain in federal court:

• What will you be admitting to?
• Does the plea bargain provide for a specific sentence?
• Do you fully understand how the sentencing guidelines will affect your case and whether you will be eligible for a downward departure or subject to an upward departure?
• Are there any mandatory minimum sentences that apply to your case?
• If you are not a United States citizen, will the plea bargain affect your ability to remain in the United States?
• If there will be a sentence of confinement, do you understand how supervised release works?
• Are you waiving your right to appeal the application of the sentencing guidelines, or will you be able to appeal how the trial judge applies the guidelines?

Absolutely. The probation officer will do the preliminary calculation of your sentencing guidelines and, therefore, will have a great deal of influence on your ultimate sentence. Your lawyer owes it to you to attend this critical meeting in order to make sure that nothing is said that could have a detrimental effect on how your guidelines are calculated.

Following a trial, you may appeal to the U.S. Court of Appeals provided you file a Notice of Appeal within 14 days of the judgment. Following a guilty plea, you may appeal if you did not waive your right to appeal.

If you lose an appeal in the Court of Appeals, you can ask the U.S. Supreme Court to consider your case. However, the U.S. Supreme Court gets to choose which cases it hears. It generally hears only those cases raising issues that might affect many different cases.

After losing an appeal, you can file a post-conviction petition for a writ of habeas corpus if you believe you were denied a constitutional right or that your lawyer was ineffective. But make sure you did not waive your right to file such petitions as part of your plea agreement.

Parole has been abolished in the federal system. If you are sentenced to prison, you are eligible for 54 days of good time credits for sentences of more than one year. Therefore, you will usually serve about 85 percent of your sentence. If you can demonstrate an alcohol or drug problem, it is also possible to have your sentence reduced by up to a year by participating in a drug program called RDAP.