​1. Investigation

Federal investigations are often lengthy and thorough, conducted by agencies such as the FBI or DEA. If you are under investigation, it is crucial to seek legal representation immediately. Our attorneys can advise you on how to handle interactions with federal agents and protect your rights.

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Federal investigations, often conducted by agencies such as the FBI or DEA, are thorough and can be intrusive. It's essential to understand the legal landscape that governs these investigations, particularly the laws and policies related to search warrants and federal prosecutors' conduct. Here, we delve into these crucial aspects of the federal criminal investigation process.

 

Search Warrants
A search warrant is a legal document authorized by a judge or magistrate that allows federal agents to search a specified location and seize evidence. The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures, ensuring that search warrants are issued based on probable cause.

 

• Fourth Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

• Federal Rules of Criminal Procedure, Rule 41: This rule governs the issuance and execution of search and seizure warrants. It outlines the necessary procedures for federal agents to obtain a warrant, ensuring they provide a sworn affidavit demonstrating probable cause.

• Electronic Surveillance and Wiretaps: Federal investigations may also involve electronic surveillance and wiretaps, which are subject to stringent legal requirements under the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA).

• Electronic Communications Privacy Act (ECPA): This act regulates the interception of electronic communications. Title III of the Omnibus Crime Control and Safe Streets Act of 1968, also known as the Wiretap Act, requires federal agents to obtain a court order before intercepting wire, oral, or electronic communications.

• Foreign Intelligence Surveillance Act (FISA): This act allows for surveillance of foreign powers and agents of foreign powers. Applications for FISA warrants must be approved by the Foreign Intelligence Surveillance Court (FISC).

 

Subpoenas and Grand Jury Proceedings
During an investigation, federal prosecutors may issue subpoenas to compel individuals to provide documents or testify before a grand jury. Subpoenas are powerful tools that must be carefully navigated with the assistance of legal counsel.

 

• Federal Rules of Criminal Procedure, Rule 17: This rule governs the issuance of subpoenas in federal criminal cases. It allows prosecutors to compel the production of evidence and witness testimony, provided the requests are reasonable and relevant to the investigation.

Conduct of Federal Prosecutors
Federal prosecutors are bound by ethical rules and policies designed to ensure fairness and justice during the investigation stage. The U.S. Department of Justice (DOJ) outlines these standards in the Justice Manual, providing guidance on the conduct of federal prosecutors.

 

• Justice Manual (formerly U.S. Attorneys' Manual): The Justice Manual sets forth the policies and procedures for federal prosecutors. It includes guidelines on conducting investigations, interacting with witnesses, and handling evidence. Key sections relevant to the investigation stage include:

  • ​Title 9: Criminal: This title covers the principles of federal prosecution, emphasizing the importance of fairness, integrity, and respect for the rights of individuals under investigation.

  • Title 9-13.000: This section addresses investigative techniques, including the use of undercover operations and informants, and outlines the approval processes for various investigative methods.

 

Importance of Legal Representation
If you become aware that you are under federal investigation, it is important to seek legal representation immediately. Our attorneys can advise you on how to handle interactions with federal agents, respond to subpoenas, and protect your rights during search and seizure operations. Early legal intervention can significantly impact the outcome of an investigation and help safeguard your future.

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2. Charging

If the federal investigation leads to charges, you will receive an indictment. This formal document, outlined under 18 U.S. Code § 3161, details the charges against you and is issued by a grand jury. Being charged does not mean you are guilty, and our attorneys will work tirelessly to challenge the indictment and seek a dismissal of the charges.​

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Indictments and Grand Juries

An indictment is a formal accusation that initiates a federal criminal case. It is issued by a grand jury, a group of citizens convened to review evidence presented by federal prosecutors. The grand jury's role is to determine whether there is probable cause to believe that a crime has been committed and that the accused person committed it.

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• 18 U.S. Code § 3161: This section of the Speedy Trial Act outlines the time limits for various stages of federal criminal proceedings, including the issuance of indictments. It ensures that individuals are not subjected to undue delays between arrest and indictment.

• Federal Rules of Criminal Procedure, Rule 6: This rule governs grand jury proceedings, including the formation, powers, and duties of the grand jury. It ensures that the process is conducted fairly and that the rights of individuals are protected.

Types of Charges

Federal charges can range from white-collar crimes and drug offenses to violent crimes and terrorism-related offenses. Each type of charge carries specific legal implications and potential penalties. Understanding the nature of the charges against you is crucial for mounting an effective defense.

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• 18 U.S. Code §§ 201-252: These sections cover various federal crimes, from bribery and corruption to theft and fraud. They outline the elements of each offense and the associated penalties.

• 21 U.S. Code §§ 801-971: These sections pertain to drug offenses under the Controlled Substances Act, detailing the prohibited acts, penalties, and regulatory requirements.

 

Challenging an Indictment

Receiving an indictment does not mean you are guilty. There are several legal strategies to challenge an indictment and seek dismissal of the charges. Our attorneys will meticulously review the indictment for any procedural errors, violations of your rights, or lack of sufficient evidence.

• Federal Rules of Criminal Procedure, Rule 12: This rule allows for pretrial motions to dismiss the indictment based on defects in the indictment, lack of jurisdiction, or other legal grounds. It provides a critical avenue for challenging the validity of the charges before trial.

• 18 U.S. Code § 3162: This section addresses the consequences of failing to comply with the Speedy Trial Act, including the potential dismissal of charges if the government does not adhere to the prescribed timelines.

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3. Arraignment

At the arraignment, you will be formally presented with the charges and asked to enter a plea of guilty or not guilty as per Rule 10 of the Federal Rules of Criminal Procedure. Our attorneys will be by your side, advising you on the best course of action and ensuring that your plea is entered correctly.

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What is an Arraignment?
The arraignment is the first court appearance after an indictment or information has been filed. During this hearing, you will be informed of the charges against you, your constitutional rights, and asked to enter a plea. This process ensures you are fully aware of the allegations and marks the official start of your involvement in the criminal justice system.

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• Federal Rules of Criminal Procedure, Rule 10: This rule outlines the procedures for arraignment, including the requirement to inform the defendant of the charges and their rights, and the process for entering a plea.

 

The Arraignment Hearing
During the arraignment hearing, several key actions take place:

• Reading of Charges: The judge will read the charges against you aloud to ensure you understand the specific allegations and the nature of the crimes you are accused of.

• Advisement of Rights: You will be advised of your constitutional rights, including the right to remain silent and the right to an attorney. If you cannot afford an attorney, one will be appointed for you.

• Plea Entry: You will be asked to enter a plea. The common options include:

  • ​Guilty: Admitting to the charges, which may lead to sentencing.

  • Not Guilty: Denying the charges, which means the case will proceed to further legal proceedings, such as pretrial motions and trial preparation.

  • No Contest (Nolo Contendere): Choosing not to contest the charges, which is treated similarly to a guilty plea but might have different legal implications. Case Law: Various court decisions have affirmed the use of no-contest pleas in federal cases, recognizing their validity as long as the plea is entered voluntarily and with the court’s consent. For instance, in North Carolina v. Alford, 400 U.S. 25 (1970), the U.S. Supreme Court held that a defendant could enter a plea of guilty (which includes no-contest by extension) without admitting guilt, provided the plea is made knowingly and voluntarily. So, while there isn't a specific statute that outlines "no contest" pleas in federal cases, Rule 11 of the Federal Rules of Criminal Procedure and related case law provide the framework for their use.

• Bail or Release Conditions: The judge will decide whether you will be released on bail, on your own recognizance, or held in custody. The decision is based on factors such as flight risk, potential danger to the community, and the nature of the charges.
  Federal Rules of Criminal Procedure, Rule 10(b): This subsection details the requirements for the arraignment process, including the defendant's presence and the need to inform them of the charges.

 

Importance of Legal Representation
Entering a plea is a significant decision that can impact the outcome of your case. Having experienced legal representation is crucial to navigate this process effectively. Our attorneys will help you understand the charges, the potential consequences of each plea option, and advise you on the best course of action based on your specific circumstances.  Federal Rules of Criminal Procedure, Rule 44: This rule guarantees the right to legal counsel at all critical stages of the criminal process, including during arraignment, ensuring that your rights are protected.

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4. Federal Facilities in Houston, Texas: What to Know If You’re Arrested by the FBI

If you are arrested and charged with a federal crime in the Southern District of Texas, the FBI may take you to one of several federal facilities in Houston for processing, detention, and legal proceedings. Understanding where you might be taken can help you and your attorney better navigate the process. Here’s a guide to key federal facilities in Houston:

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Federal Detention Center (FDC) Houston

Location: 1200 Texas Avenue, Houston, TX 77002

Overview: The Federal Detention Center (FDC) Houston is the primary facility for the detention of federal pretrial detainees in the area. If you are arrested and not granted bail, you may be held here while awaiting your court hearings. FDC Houston houses both male and female detainees and provides various services and programs to inmates.

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U.S. District Court for the Southern District of Texas

Location: 515 Rusk Street, Houston, TX 77002

Overview: The U.S. District Court for the Southern District of Texas is the federal court where initial hearings, including arraignments, will take place. If you are charged with a federal crime, your case will be heard here. The court handles all federal criminal cases in the Southern District of Texas, including Houston.

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Federal Bureau of Investigation (FBI) Houston Field Office

Location:1501 Fannin Street, Suite 2200, Houston, TX 77002

Overview: The FBI Houston Field Office is responsible for investigating federal crimes and conducting operations in the region. If you are arrested, the FBI may process you through this office before transferring you to a detention facility. This office conducts interviews, gathers evidence, and prepares cases for prosecution.

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U.S. Marshal Service (Southern District of Texas)

Location: 515 Rusk Street, Houston, TX 77002 (same as the U.S. District Court)

Overview: The U.S. Marshals are responsible for transporting federal detainees between facilities, including from arrest sites to detention centers and court appearances. If you are taken into custody, the Marshals will handle your transport and ensure your security throughout the legal process.

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Office of Pretrial Services (Southern District of Texas)

Location: 515 Rusk Street, Houston, TX 77002 (same as the U.S. District Court)

Overview: The Office of Pretrial Services conducts assessments for defendants who are awaiting trial. This office evaluates factors such as flight risk and potential danger to the community, which can influence bail decisions and other conditions of release.

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Pretrial Proceedings

The pretrial phase includes discovery, where both sides exchange evidence, as governed by Rule 16 of the Federal Rules of Criminal Procedure. Motions may be filed to suppress evidence or dismiss charges under 18 U.S. Code § 3142 and Rule 12 of the Federal Rules of Criminal Procedure. Our attorneys will conduct a thorough investigation of the evidence, file necessary motions, and build a strong defense strategy.

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Discovery Process

Discovery is the stage where both the prosecution and defense exchange evidence that will be used in the trial. This exchange is essential for preparing a case and ensuring that neither side is surprised by new information during the trial.

• Federal Rules of Criminal Procedure, Rule 16: This rule governs the discovery process. It requires the government to provide the defense with access to evidence, including statements made by the defendant, results of any examinations, and documents or objects intended for use at trial. Conversely, the defense must also share evidence with the prosecution that it plans to use.

 

Motions to Suppress Evidence

A motion to suppress evidence requests that certain evidence be excluded from the trial. This type of motion is typically filed if the evidence was obtained in violation of the defendant’s rights, such as through an unlawful search or seizure.

• Federal Rules of Criminal Procedure, Rule 12: This rule permits defendants to file pretrial motions, including motions to suppress evidence. According to Rule 12(b), these motions must be filed before the trial begins unless they involve facts discovered after the trial has started.

• 18 U.S. Code § 3142: This statute addresses bail and release conditions but can intersect with issues of evidence suppression if the circumstances of a defendant’s arrest or detention affect the evidence collected.

 

Building a Strong Defense

During the pretrial phase, your attorney will thoroughly review the evidence provided through discovery and file necessary motions to suppress evidence obtained improperly. This phase involves:

• Reviewing Discovery: Examining the evidence from the prosecution to identify any issues or inconsistencies that could be relevant to your defense.

• Filing Motions: Submitting motions to suppress evidence that was gathered in violation of legal standards, such as through illegal searches or seizures.

• Developing Defense Strategies: Creating strategies based on the evidence and legal arguments to prepare for trial or negotiate a favorable resolution.

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5. Trial

If your case goes to trial, it will be heard by a federal judge and jury under Rule 23 of the Federal Rules of Criminal Procedure. The prosecution must prove your guilt beyond a reasonable doubt. Our experienced trial attorneys will present a compelling defense, cross-examine witnesses, and challenge the prosecution's evidence to secure the best possible outcome. 

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In a federal trial, a judge and jury play critical roles. The judge presides over the trial, ensuring that the proceedings adhere to the law and managing the courtroom. The jury, composed of citizens, is responsible for evaluating the evidence and determining your guilt or innocence.

• Federal Rules of Criminal Procedure, Rule 23: This rule stipulates that federal criminal cases are generally tried before a jury unless the defendant waives this right and opts for a bench trial, where the judge makes the final determination of guilt. Rule 23(a) requires that a trial by jury be conducted with twelve jurors, who must reach a unanimous verdict to convict.

 

Prosecution's Burden of Proof

The prosecution has the burden of proving your guilt. This means that the government must present sufficient evidence to convince the jury of your guilt beyond a reasonable doubt.

• Federal Rules of Criminal Procedure, Rule 29: This rule allows the defense to request a judgment of acquittal if the prosecution has not met its burden of proof. A motion for judgment of acquittal can be filed at the end of the prosecution's case if there is insufficient evidence to support a conviction.

 

Defense Strategies

During the trial, your defense team will work to present a compelling case and challenge the prosecution's evidence. Key aspects of this process include:

• Presenting a Defense: Your attorneys will develop and present arguments that support your innocence or cast doubt on the prosecution's case. This involves introducing evidence, calling witnesses, and making legal arguments to the jury.

• Cross-Examining Witnesses: Defense attorneys will cross-examine prosecution witnesses to challenge their credibility and the reliability of their testimony. Effective cross-examination can undermine the prosecution's case and highlight weaknesses.

• Challenging Evidence: Your attorneys will scrutinize the prosecution's evidence to identify any flaws or inconsistencies. This may involve questioning the validity of physical evidence, the accuracy of witness statements, or the legality of how evidence was obtained.

 

The Importance of Experienced Trial Representation

Having experienced trial attorneys is vital for navigating the complexities of a federal trial. Our legal team is skilled in presenting effective defenses, conducting thorough cross-examinations, and challenging evidence to achieve the best possible outcome for your case. If your case is going to trial, contact us today for a confidential consultation. We are here to guide you through every step of the trial process and ensure that your defense is as strong as possible.

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6. Sentencing

If you are convicted, the judge will determine your sentence based on federal sentencing guidelines, primarily found in 18 U.S. Code § 3553. Our attorneys will advocate for the most lenient sentence possible, presenting mitigating factors and arguing for alternatives to incarceration when appropriate.

 

Federal Sentencing Guidelines

Federal sentencing guidelines are set forth under 18 U.S. Code § 3553 and provide a framework for judges to determine appropriate sentences. These guidelines take into account various factors, including the nature of the offense, the defendant’s criminal history, and any mitigating or aggravating circumstances.

• 18 U.S. Code § 3553(a): This statute outlines the factors that a judge must consider when imposing a sentence. These factors include the nature and circumstances of the offense, the history and characteristics of the defendant, and the need to reflect the seriousness of the offense, provide just punishment, and deter criminal conduct.

 

Example: Possession of 1 Kilogram (kilo) of Cocaine

Let’s consider a specific example to illustrate how federal sentencing guidelines are applied. Suppose a defendant with no prior criminal history is convicted of possessing a kilogram of cocaine. The sentencing process for this offense involves several key ste

1. Determining the Offense Level:

   • U.S. Sentencing Guidelines Manual, § 2D1.1: This guideline provides the base offense level for drug offenses based on the type and quantity of drugs involved. For possession of a kilogram of cocaine, the base offense level is 24. The quantity of drugs directly influences the offense level, with higher amounts resulting in higher levels.

2. Adjustments for Criminal History and Other Factors:

   • If someone has no prior criminal history, they would fall into Criminal History Category I.

   • The judge may apply specific adjustments based on additional factors, such as acceptance of responsibility or cooperation with authorities.

3. Calculating the Sentencing Range:

   • Using the base offense level of 24 and a Criminal History Category I, the sentencing guidelines recommend a range of 51 to 63 months of imprisonment. This range is derived from the sentencing table in the guidelines.

   • A Plea could reduce this down to 37-46 months or around 3 years. 

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