Joseph Abrams Answers FAQ about Federal Criminal Law
If I’m convicted of a federal drug crime that carries a statutory minimum sentence, can I receive a sentence below the statutory minimum?
Yes. There are two ways that a defendant can avoid a statutory minimum sentence in a federal drug case. The first is that the defendant qualifies for what is known as the “safety valve.” To qualify for the safety valve, the defendant must have none or only minimal criminal history, the defendant did not use violence or possess a dangerous weapon during the offense, the offense did not result in death or serious bodily injury to anyone, the defendant did not have an aggravating role in the offense, and the defendant has truthfully provided all information that they know about the offense. The other way that a defendant may avoid a statutory minimum sentence is that the defendant agrees to cooperate with law enforcement and provide the government with information about other persons who may have committed crimes. If the government is able to use the information to prosecute other persons, the government will move for a “substantial assistance” downward departure in the defendant’s sentence. However, a defendant’s decision to cooperate is a significant decision that could impact the defendant in many ways. Any defendant considering doing this should first talk with an experienced federal criminal defense attorney.
Is it true that penalties for drug offenses are more severe in federal court than in state court?
Yes. Penalties for drug offenses are considerably more severe in federal court for two reasons. First, the statutory penalties for federal drug offenses are longer, and include statutory minimum sentences in most cases. Second, the federal sentencing guidelines treat drug offenses harshly. However, there are some limited circumstances whereby a federal drug defendant can avoid the statutory minimum sentence, and actually have their sentenced reduced. If you or a loved one are charged with a federal drug offense, it’s important that you speak with an experienced federal criminal defense attorney to protect your rights and increase your chances for a better outcome.
What should I do if I am being investigated by federal authorities but I am not yet charged?
How long after a federal crime is committed is the defendant arrested?
It depends on the scope and complexity of the crime. Individuals who commit simple crimes (i.e., theft, illegal reentry) will usually be arrested contemporaneous with or shortly after commission of the offense. However, in more complex cases (i.e., white collar crime, drug trafficking), prosecutors may wait until the criminal activity grows in volume. For this reason, criminal suspects may unknowingly be under investigation for months or even years.
If you become aware that you are under investigation, or If you are in fact arrested, it’s important not to make any statements to law enforcement about the alleged offense as it is likely to negatively impact your situation. Your first action should be to retain a federal criminal defense lawyer who can represent your interests and protect your rights.
Are federal charges more serious than state charges?
In most cases, yes. Federal prosecutors are more experienced and have the resources of the federal government at their disposal to ensure they secure a conviction. Also, federal crimes are investigated by powerful investigative agencies such as the Federal Bureau of Investigation, Drug Enforcement Administration, Securities and Exchange Commission, Secret Service, and others. Further, the federal criminal process is more complex and the punishments tend to be more severe. Thus, if you are facing federal investigation or criminal charges, it’s important to retain a federal criminal defense lawyer who can represent your interests and protect you rights.
What are the chances of being acquitted at a trial?
Trial conviction rates in federal court are in excess of 90%. The vast majority of defendants plead guilty pursuant to a plea agreement, rather than risk a longer sentence if they lose at trial. However, every case is different and the choice to plead guilty or go to trial will depend on the evidence and the law relevant to your case. Regardless of whether a case is resolved through a plea or a trial, the experience, skill, and preparation of your attorney can significantly increase the chances of a favorable outcome.
What are the Federal Sentencing Guidelines?
The Federal Sentencing Guidelines are a set of rules that assign “points” based on the nature of the offense, the conduct committed in connection with the offense, and the defendant’s criminal history. The calculation produces a suggested sentencing range expressed in months. The judge is required to accurately calculate and consider the guideline sentencing range in every case. While the guideline sentencing range is not binding, it is an important and central consideration for most judges. For this reason, it’s critical that a lawyer representing a federal defendant have expert knowledge and vast experience with the Federal Sentencing Guidelines.
What are “Booker” Variances?
Booker is the name of the Supreme Court case that rendered the Federal Sentencing Guidelines no longer binding but advisory only. As such, federal judges became free to impose sentences outside the guideline sentencing range, often referred to as Booker variances. Variances can be based on numerous different factors relating to the offense, the defendant’s background, or statutory sentencing considerations. As such, a lawyer representing a federal defendant must not only have an expert knowledge of the Federal Sentencing Guidelines, but also of case and statutory sentencing law and sentence mitigation.
Do all judges impose the same sentences for the same crimes?
No. Judges have their own judicial philosophy and temperament. While the Federal Sentencing Guidelines are intended to increase uniformity among sentences, Booker variances are commonplace and must be argued and litigated aggressively for a favorable outcome. A skilled federal criminal defense lawyer will consider both the particular judge in a case and the merits of the case to competently and successfully argue for a mitigated sentence.
If I have to go to prison, can I be paroled or have my sentence reduced for good behavior?
Parole has been abolished in the federal prison system, so inmates serve their full sentences. However, there is the opportunity to earn up to 15% good-time credit. Also, there are rehabilitation programs in the federal prison system that inmates can successfully complete and earn a further reduction in their sentences in some cases.
The most effective way that a defendant can limit the amount of time they serve is to have a skilled federal criminal defense lawyer who can competently and successfully argue for a mitigated sentence.