Ohio Federal Criminal Lawyer

If law enforcement officers are contacting you about your involvement in the commission of a crime, you should immediately contact a lawyer. You do not want to talk to the authorities without having talked to a lawyer first.

When contacting you, law enforcement officers are trying to obtain as much information as they can to use against you. As a result, you could make incriminating statements without knowing it.

During an investigation, you have rights under the Fourth, Fifth, and Sixth Amendments to the United States Constitution.

Fourth Amendment

Under the Fourth Amendment, you have the right to be free from unreasonable searches and seizures. Although there are exceptions to this rule, law enforcement generally cannot search you or seize your property without first obtaining a warrant.

Fifth Amendment

Under the Fifth Amendment, you have the right to remain silent after an arrest. You also have the right to an attorney when law enforcement questions you.

Sixth Amendment

Finally, the Sixth Amendment gives you the right to an attorney during all stages of prosecution.

You have the Sixth Amendment right to counsel from the time the government begins adversarial criminal proceedings, through a preliminary hearing, indictment, or arraignment, and throughout the remainder of your case.

If you face federal criminal charges, you need an attorney. Federal criminal charges are extremely serious. A conviction can change the rest of your life. Hiring a criminal defense attorney gives you the best shot at keeping your future within your control.

Depending on the facts of your case, you may be able to argue some defenses to avoid a federal criminal conviction.

Illegal Search and Seizure

In some cases, your criminal defense attorney may be able to argue that law enforcement officers violated your Fourth Amendment rights. If law enforcement obtained evidence as the result of an illegal search or seizure, that evidence may be excluded in court.

Government’s Burden of Proof

In criminal cases, the burden of proof is on the prosecution to show that all the elements of the crime are present beyond a reasonable doubt. If the government lacks evidence on any element of the crime and cannot meet its burden of proof, you might avoid your conviction.

Once your charges have been filed, criminal cases follow a standard process.

Initial Court Appearance

The first step in the criminal justice process is your initial court appearance. During your initial court appearance, the judge will advise you of your rights against self-incrimination and to have an attorney present. The judge will advise you of the charges against you and set bail.

Bail Hearing

At the bail hearing, your federal criminal defense lawyer will attempt to present evidence that you meet the criteria for bail and should be released for the duration of your trial. The judge makes the final determination as to whether to grant you the opportunity to post bail and gain release.

Arraignment

During your arraignment hearing, the court formally advises you of the charges against you and asks you to enter a plea to the charges.

An arraignment hearing must occur within a reasonable time after your arrest. Criminal defendants make pleas of either not guilty, guilty or no contest.

Pretrial Motions

Before trial, your criminal defense attorney can file a number of motions, including those to suppress evidence.

If successful, these motions can exclude some or all of the government’s evidence and lead to a reduction or dismissal of your charges.

Plea Bargain

Before trial, you may also enter into a plea bargain with the prosecution.

When entering into a plea bargain, you plead guilty to the charged offense in exchange for the government recommending a lesser penalty or reducing your charges.

Trial

If your case goes to trial, your defense attorney will present evidence refuting the government’s arguments.

The government has the burden of proving that you committed each element of the crime beyond a reasonable doubt.

Sentencing Hearing

If you agree to a plea bargain or are found guilty at trial, the final step in the criminal justice process is a sentencing hearing.

At the sentencing hearing, the judge sentences you to your punishment.

Sentencing hearings can take place right after a trial or guilty plea, or sometime later.

In federal criminal cases, you may face many underlying issues that can influence the outcome of your case. Hiring a federal criminal defense lawyer provides you with the best opportunity to overcome any of these issues.

Illegally Obtained Evidence

Under the Fourth Amendment to the United States Constitution, evidence that law enforcement illegally seizes is not admissible in court. While there are limitations and exceptions to this rule, it is important to hire an experienced criminal defense attorney who can raise this issue if it applies to your case.

Multiple Related and Unrelated Charges

Additionally, it is important to understand that you could face charges for other crimes that are both related and unrelated to the main crime you’re charged with. For example, defendants in federal criminal cases often face additional charges such as mail fraud, wire fraud, and money laundering in addition to the principal crime.

An experienced criminal defense attorney can help you understand these charges and defend against them.

Confidential Informant Testimony

Confidential informants provide privileged information to law enforcement. In federal criminal cases, they often include co-conspirators who agree to testify against the defendant. If your case involves the testimony of a confidential informant, you’ll need a skilled and experienced criminal defense attorney to overcome their statements.

Conspiracy Allegations

It is important to understand that you do not have to commit a substantive crime for a guilty verdict in a federal criminal case. You can be found guilty of conspiracy if you were a party to an agreement to commit a crime and another party committed an overt act toward the completion of the crime. Like substantive crimes, conspiracy carries severe punishments, including prison time and fines.

Attempt Allegations

Similar to conspiracy, you could also face charges that you attempted to commit a substantive crime. Attempt charges can carry the same penalties as the crime you were attempting to commit.

Sentencing Guidelines

In federal criminal cases, prosecutors and judges often rely on the Federal Sentencing Guidelines when determining your potential sentence. However, it is possible to obtain a sentence that is less than that recommended by the Guidelines. If charged with a federal crime in Ohio, hiring the federal criminal defense attorneys at Gounaris Abboud, LPA, gives you your best chance at lowering your potential sentence.

When charged with a federal crime, you can face many penalties. The type of penalty you might face depends on the severity of the offense you committed, in addition to other factors.

Probation

When a court sentences you to probation, you are put under supervision for a period of time. Depending on your case, you may be sentenced to probation after serving jail time or receive probation instead of a jail sentence.

However, you are subject to a number of conditions while on probation.

These conditions can include:

• Counseling;
• Community service;
• Meeting with your probation officer;
• Restrictions on using drugs and alcohol.

A criminal defense attorney can help you find out if probation might be available in your case.

Fines

You may also face fines in federal criminal cases. The amount of a potential fine depends on the nature of your criminal charge. However, fines in federal criminal cases are usually much higher than those in state criminal cases.

Federal Imprisonment

In serious federal criminal cases, your punishment includes jail time in federal prison. Depending on the severity of your charges, your potential jail sentence can range from a few years to decades.

If your charges carry a potential federal prison sentence, you’ll want a skilled federal criminal defense lawyer on your side.

Restitution

In some federal criminal cases, your punishment might include restitution. Restitution requires convicted criminal defendants to provide financial compensation to the victim for the losses they suffered as a result of the crime.

Restitution is different than a fine because its purpose is to repay the victim for their loss rather than to punish the defendant.

• Conspiracy: When two or more people agree to commit a crime, they can be charged with conspiracy. They can still be charged even if they don’t end up committing the crime. Conspiracy charges are often “tacked on” to other criminal charges to increase the possible penalty;
• Federal Drug Crimes: Federal drug crimes include possession with intent to distribute, manufacturing, distribution, and trafficking of controlled substances. Fines and sentences are different depending on the type and quantity of the substance;
• Gun Violations: Federal gun crimes include illegal possession, sale, or transport of a firearm. The most common charges include possession of a firearm by a prohibited person, possession of a firearm in relation to a drug felony, and stolen firearm, ammunition, or explosive;
• Internet Sex Crimes: Internet sex crimes involve child pornography and sexual exploitation of children under 18 years old;

• Internet Sex Crimes: Internet sex crimes involve child pornography and sexual exploitation of children under 18 years old.