Frequently Asked Questions: Consulting a Federal Criminal Defense Attorney in Oregon
How do I know if my criminal matter is “federal” or “state”?
Federal criminal defense involves representing people accused or concerned about being accused of violating federal laws, which are prosecuted in federal courts by the U.S. Attorney's Office. It also involves preliminary or preventative advice relating to investigations by federal agencies such as the Federal Bureah of Investigation (FBI), Drug Enforcement Administration (DEA), Internal Revenue Service (IRS), Immigration and Customs Enforcement (ICE) Alcohol Tobacco and Firearms Bureau (ATF) and so forth. State criminal defense, on the other hand, deals with violations of state laws, prosecuted mostly in county courts. Key differences include the types of crimes (e.g., drug trafficking, white-collar crimes, immigration offenses often fall under federal jurisdiction), the complexity of federal sentencing guidelines, the involvement of federal agencies, and often stringent procedural rules. Some types of criminal cases can be prosecuted in state or federal court.
What should I do if I believe I am under federal investigation or have been contacted by a federal agent?
If you suspect you are under federal investigation or are contacted by a federal agent (e.g., FBI, DEA, IRS, DHS), do not speak to them without legal counsel present. Federal agents are highly trained on how to initiate an interview or interrogation. Remember that you have the right to remain silent and the right to an attorney. Those rights don’t mean anything unless you assert them. Politely but firmly state that you wish to speak with a lawyer before answering any questions. Federal agents might seem to downplay whether a lawyer is important, imply a sense of urgency or even use a casual demeanor tempting you to go ahead and just talk to them. Remember that anything you say can and will be used against you. Contact an experienced federal criminal defense attorney immediately.
Why do you only handle federal matters?
Criminal federal practice is a specialty area for lawyers. I believe that the best lawyers commit to excellence in their specialty. I have been handling cases in federal court for my entire legal career. I began learning federal criminal practice even before I became a lawyer and worked for a federal judge. Since then I have handled hundreds of federal cases at the trial level and many appeals, many to successful conclusion. So by experience, I am a federal court specialist. I am also admitted to practice before the Federal District Court in Oregon and other federal jurisdictions. Although I am a member of three state bars and know things about state criminal practice, I normally refer non-federal prospective clients to state court specialists. Because all my work is related to federal matters, I knowledgeably advise my clients on what to expect from the judges, probation officers, the U.S. Attorney’s Office and other federal authorities. I am a trusted source for other attorneys on federal criminal practice topics. I am active in the National Association of Criminal Defense Lawyers and the Women’s White Collar Defense Association.
What is the role of an attorney in a federal criminal case?
A federal criminal defense attorney's role is centered in good communication and seeking the best possible outcome for the client. The work of the attorney includes:
Protecting your constitutional rights.
Conducting thorough investigations.
Seeking dismissal where possible or alternative dispositions.
Advising you on the United States Sentencing Guidelines.
Negotiating with federal prosecutors (e.g., plea bargains).
Representing you in all court proceedings, including release hearings, motions, trials, and sentencing.
Challenging evidence and legal arguments.
Preparing sentencing mitigation if necessary and advising about federal supervision and incarceration.
Advising you about your appellate rights and post-conviction options.
Providing strategic advice and guidance throughout the entire process.
Can a federal case be dismissed?
Every case is unique to its own facts. It is sometimes possible for federal cases to be dismissed. One pathway to dismissal is when a defense attorney presents important information to the U.S. Attorney’s Office that it was not aware of through its own investigation. Other times, there are jurisdictional problems or other flaws in the charge that allow defense counsel to show the U.S. Attorney or the Court that the case should not proceed. These are unusual outcomes. It is more common that some of the charges may be dismissed through a plea bargain process. The overwhelming majority of federal cases are resolved through plea bargains. In those situations, the defendant agrees to plead guilty to certain charges in exchange for a lesser sentence or other concessions. A plea bargain normally avoids a trial. A skilled federal defense attorney will explore all the possible avenues to achieve the best outcome.
Will I have a trial if I’m charged in federal court?
If you are accused of a federal criminal offense, one of your most important protections is the right to a jury trial. American legal scholars widely emphasize the profound importance of the right to a trial by jury, viewing it as a cornerstone of American democracy and a vital safeguard against governmental overreach. The U.S. Constitution provides the jury trial as the key protection against overzealous prosecutors or biased judges. For this reason, the right to trial should never be waived or thrown away unless the client and the attorney have very carefully considered whether that is the best option. In federal court, judges will not let a person give up their right to a jury trial unless they have had a hearing in person to discuss whether the waiver is informed and voluntary. Although most federal cases result in a plea agreement and the waiver of the right to a jury trial, you cannot be forced to plead guilty instead of having a jury trial.
How much does a federal criminal defense attorney cost?
The cost of federal criminal defense varies significantly depending on the complexity of the matter and the amount of time and resources required. I typically charge hourly rates but will consider a flat fee depending on the case specifics. I offer free initial consultations and will discuss my fee structure with you transparently when we meet.