While most people are familiar with state courts the same cannot be
said of Federal courts. The federal legal system is a distinct legal
entity requiring an attorney well versed in the intricacies of federal
law and procedure. Federal courts are called District courts with a
Judge appointed for life. Federal courts have jurisdiction over all
cases involving federal law or involving litigants from different
states. In the criminal arena it most frequently involves alleged
violations of federal statutes. The federal rules of evidence and
procedure differ substantially from Utah law and procedure in some
areas. Accordingly, attorneys well versed in Utah law may be unable to
competently represent a defendant in Federal court. Keith C. Barnes is
well acquainted with federal law and procedure. In addition he is very
familiar with the local district courts which can be of great benefit
to the client.
The jurisdiction exercised by the Federal criminal courts is not obvious. For example, bank robbery is a Federal offense and drunk driving is a State offense. However, if you get pulled over for drunk driving while on Federal property, your case would fall under the jurisdiction of a Federal court.
Many narcotics cases can be charged by either State or Federal authorities. For example, if the narcotics are bought and sold in the same state, the case is typically charged by the State. However, if narcotics are bought in one state and sold in another state, the action is classified as a conspiracy to transport and, is consequently charged as a Federal offense.
Possible Punishments if Convicted of a Federal Crime
Consequences for the conviction of a Federal Crime may potentially include:
- Imprisonment
- Loss of the right to vote
- Loss of the right to own a deadly weapon
- Probation or parole
- Court ordered rehabilitation
- Significant fines
- Other
Chances of Receiving Such Punishments
Likelihood of any of the above consequences depends upon the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Other
Defense Strategies
Defenses of Federal Crimes may potentially include:
- Insufficient evidence
- Mistaken identity
- Factual innocence/mistaken identity
- Other
What can you do to improve the outcome of your case?
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
- Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
- DO NOT investigate your own case
What can we do to help?
- Early preparation, including legal research and defense identification
- Early investigation and identification of all facts helpful to your defense
- Interview police to minimize or eliminate the case
- Interview the prosecutor to minimize or eliminate the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
- In appropriate cases, negotiate jail alternatives
- Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
- Coordinate a private lie detector test
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence
