Criminal Defense Trial Attorneys

It is difficult to briefly summarize what a defendant can expect during a federal criminal trial. The process is complicated (and very different from the process in state court). Specific timelines and procedures can vary from one case to the next, and the stakes are high for everyone involved.

Generally speaking, however, a federal criminal trial starts with the prosecution and defense counsel presenting their opening arguments, and then the prosecution moves forward with its case in chief. In criminal cases, the prosecution always goes first since it carries the burden of proving its case beyond a reasonable doubt. If the prosecutors do not present evidence to prove all elements of the crime (or crimes) alleged, then they have not done their job and the defendant is entitled to file a motion for a judgment of acquittal.

If the prosecution presents sufficient evidence for the case to proceed, then it will be the defense’s turn to address the court. The defense can present documentary and testimonial evidence and can attack the prosecution’s case from a variety of angles. This includes questioning the veracity of the prosecution’s evidence, demonstrating that the prosecution’s evidence is lacking, questioning the motive or trustworthiness of the government’s witnesses, and presenting exculpatory evidence and affirmative defenses.

Once both sides rest, then the jury will deliberate or the judge will render a decision. If the defendant is found guilty on any charge, then the case will proceed to the sentencing stage of the trial.

Yes. It is possible to negotiate a plea deal at any stage during the pre-trial and trial processes, and it is not unusual for cases to settle either on the eve of trial or during the trial itself. If through its presentation of evidence or the revealing of the defense’s case strategy, the government realizes that its chances of securing a conviction and substantial sentence are limited, the prosecutors assigned to the case may have little choice but to negotiate a plea if not drop the charges entirely.

Let’s say that the prosecution intends to rely on evidence that federal agents obtained as the result of a search and seizure that violated the Fourth Amendment. If this is the case, you can file a motion to suppress improperly obtained evidence as well as any other evidence that is considered “fruit of the poisonous tree.” By suppressing this evidence, you may prevent the prosecution from proving your charges beyond a reasonable doubt in which case you should be free to resume your normal life.

Yes, absolutely. If you entered into plea negotiations but the negotiations broke down prior to your trial, this does not mean that the prosecution has a “slam-dunk” case. Rather, it most likely means that the prosecutors assigned to your case felt that they had enough evidence to try their luck in court. Rarely in complex federal cases is their clear and undeniable evidence of guilt. If your case is going to trial, you have a very real opportunity to present a successful defense; this is an opportunity you cannot afford to waste.

Ideally, this question will be purely theoretical. Even if you believe that you may be guilty, you still have a very real chance to present a successful defense with the right legal representation. But, let’s say you are convicted, and let’s say that the jury or judge comes back with a harsh sentence. You have the right to file multiple appeals (with the U.S. Court of Appeals and the U.S. Supreme Court), and your trial counsel should take all appropriate measures to preserve appealable issues during your trial.

If you have been arrested and you do not yet have legal counsel, you need to engage a federal criminal defense trial lawyer immediately. If you are still under investigation, hiring an attorney now may help you to avoid going to trial. In any case, it is in your best interests to hire trial counsel as soon as possible, as you want to give your attorney every possible opportunity to secure a “not guilty” verdict in court.

As you wait for your trial date, there are a number of steps you can take to mitigate your risk of a conviction. If you engage our firm to represent you, we will also be working tirelessly during this time to prepare your defense and attempt to obtain a favorable resolution prior to trial. While you should obtain legal advice that is custom-tailored to your individual circumstances, some general steps you may be able to take include:

• Trying to maintain your normal life as much as possible;


• Avoiding any activity that could lead to further government scrutiny or reduce your chances of negotiating a favorable plea;


• Continuing to think about your defense and maintaining open lines of communication with your attorney;


• Preparing for trial by learning more about your case; and


• Making sure you do not discuss your case with anyone but your attorney.

Yes. The Criminal Defense Firm is actively taking new cases in federal district courts around the country. Whether you recently received a trial date or you need emergency legal representation, we are available when and where you need us. We provide free and confidential case assessments, and your first step is to request an appointment with an experienced and aggressive criminal defense trial lawyer at The Criminal Defense Firm