Legal Representation Should Be Your First Decision

HIRING A LEGAL TEAM DOESN’T JUST MEAN THEY HAVE EXPERIENCE; THEY ALSO NEED A PROVEN TRACK RECORD OF SUCCESSFULLY DEFENDING CASES LIKE YOURS.

The choices you make today will help you tomorrow.

My Comment:

If you know you’re guilty or will have to Plea, don’t waste your money on your attorney’s “Discovery” fees. If you’re willing to provide your AUTOBIOGRAPHICAL NARRATIVE, where you accept responsibility while expressing remorse for the victims you’ve harmed, providing this 1-2 weeks before your Presentence Interview is the smartest thing you can do. This could take months to draft a well-written, compelling background of your personal circumstances that resulted in your breaking the law.

The Probation Officer preparing your Probation Report will appreciate your efforts, as they have a full caseload and no time, and you are taking this seriously. Reading your narrative before your interview allows them to better understand who you are. Then, during the interview, they can get to know you, asking any remaining questions they may have. As they draft your official Presentence Report, they may recommend a more lenient sentence to your Judge.

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IF YOU ARE NOT SURE WHAT TO DO FIRST, START WITH A FREE CONSULTATION FOR YOU OR A LOVED ONE. THIS IS MY CELL (240.888.7778)

I PERSONALLY ANSWER AND RETURN ALL MY CALLS.

When interviewing Attorneys, it is best to have someone you trust present during the meeting and interview, if for no other reason than this is a very stressful time, and having another set of eyes can be very helpful.

Asking The Right Questions

Have you received a target letter from a federal prosecutor, faced a grand jury subpoena, or experienced a federal raid on your business? If you suspect illegal actions within your organization and are anxious about potential prison time, it’s crucial to consult a lawyer immediately.

Avoid generic legal advice from your general counsel or randomly selecting attorneys from directories. In criminal cases, you need proven defenders with a track record of success in court. Look for lawyers who have achieved “not guilty” verdicts or had cases dismissed.

If you’re under federal investigation or facing charges, there are seven essential questions you should ask every potential legal counsel. Don’t hesitate; your future depends on it.

CHOOSING THE RIGHT ATTORNEY, One Who,

1) Practices federal criminal defense in a federal court and

2) Has experience in cases like yours. It sounds like common sense, right?

- - … at this moment, you may not be making the best decisions for yourself, so consider bringing along someone you trust to get their feedback as you meet and interview different attorneys.

A case in point is a client I had who, unfortunately, didn’t ask any questions, only to learn his attorney years later didn’t specialize in Federal Criminal defense.

- - Interviewing Attorneys is your opportunity to find a good match for you.

4) Do they have experience in defending cases like yours? This is essential.

5) They should be willing to provide several current or past clients for you to speak with to ease some of your concerns.

6) Are they willing to provide several Sentencing memorandums (it should be relevant to you – not just quoting legal stuff that the Judge already knows).

- - If they mention HIPAA, I agree, but Adobe allows for redacting all personal information and works better than a black marker. If you notice that the memorandums appear similar, keep interviewing other lawyers.
  - Feeling comfortable with your chosen attorney is just one more step in the right direction as you develop a successful defense team.

During the interview,

- - Ask them when they recommend preparing for the Presentence Interview and Sentencing Hearing. [The best answer is Today]
  - Ask whether they charge hourly or flat fees and if they have a payment schedule option.
  - If you want to go to trial (just feeling you’re right is insufficient).

Therefore, additional strategic questions would be:

- - How many trials and appeals (or what “%”) have they won, out of how many cases, over the past 3-7 years?
  - Going to Trial Is OK, But don’t anger the court – before they ever meet you. That’s playing Russian Roulette with your life.
  - What is their current caseload, or how busy are they – too busy?
  - A Federal Defender may be as good as, if not better than, some private counsel.
  - While not yet law, is your attorney familiar with the Fairness in Restitution (FIR) Act? If you anticipate owing Restitution, consider requesting that the Government:
    1. Show actual loss sustained by a victim as a direct and proximate result of the defendant’s actions,
    2. Eliminate joint liability and ensure that defendants are only responsible for the financial losses they caused,
    3. If possible, request to change the statutory period of liability from 20 years to 10 years and prevent extensions.
    4. Exempt any reduction in restitution amount owed from being counted as income for tax purposes.
    5. Verify that the No Interest box is checked.

7) When do they feel is the soonest time to begin preparing for a Presentence Interview, and

- - The importance of your Autobiographical Narrative, and when you should begin writing it.

__________

Advice From Attorney Jon May (594.439-6500),

1. How many times have you convinced a prosecutor not to charge your client?
2. Have you ever convinced a prosecutor to drop charges against your client because you proved your client was innocent?
3. How many times have you tried a case as a defense attorney?
4. How many times have you had the judge dismiss charges against your client?
5. How many times have you heard the words “Not Guilty” said in a case you tried?
6. How many times have you had a judge vary downward from the sentencing guidelines?
7. How many times have you had a client convicted of a felony receive probation or house arrest?

The best lawyers won’t try to evade the answers to these questions. The best lawyers won’t hesitate to answer these questions because they have actually won cases.

Trials and Appeals.

For cases like yours, with your judge, it is essential to learn how many cases/trials have successfully won in court in the last few years or what percentage. Remember that 98%. Also, do they have first or second experience to prepare you for daily life in federal prison so that you do not get surprised on day one, or do you need someone with BOP Prison experience to work with you on your Narrative, Release plan, and Character letters?

When choosing an attorney, it’s important to find someone who listens to your situation. Ask them how you can assist in your defense. Look for a lawyer who appreciates the significance of your Personal Narrative and Release Plan. Your Narrative is your personal story, and until now, the DOJ has dictated your Story through your Indictment. If you’re not happy with how it portrays you, it’s crucial to take control and reshape your narrative. Weigh these factors carefully to make an informed decision.

It’s important to understand how your attorney will communicate with you—whether directly or through paralegals and other attorneys. Knowing how often you’ll receive updates (via email, phone, or both) is crucial, especially in long cases. You should also clarify whether you’ll be released on your recognizance, placed on pre-trial detention, or incarcerated after your arraignment. If you’re in custody, will the office accept collect calls? Finally, ensure that someone, either a paralegal or an attorney, is familiar with your case’s details.

NO WITNESS TAMPERING – DON’T ANGER YOUR JUDGE

Strategy: Trial or Plea.

If you are unsure, start Not Guilty, but if you know you’re guilty in your gut (or heart), save yourself legal fees and the court’s time. This, in turn, could result in a lesser sentence. How?

If you plead guilty and cooperate with authorities, your sentence may be reduced. Cooperation involves providing truthful information without lying. It’s best to obtain a proffer letter, a legal agreement that offers some immunity, ensuring statements made cannot be used against you—unless you are untruthful.

They can use your statement to pursue leads, but this doesn’t guarantee an immediate sentence reduction—only if the new information is effectively used against another party. Honesty is essential; if the government finds you dishonest, they can terminate the meeting and use your statements against you.

The authorities may require your testimony, which is separate from your submission. It’s usually best to cooperate unless it endangers you. Your letter should express remorse; the judge needs to see that you understand the consequences of your actions and won’t repeat them. Judges want to avoid seeing you back in court. If you have questions, just ask!

FEES
My Comments: When choosing an attorney, don’t focus solely on cost. A knowledgeable Federal Defender familiar with your case type can be more effective than a pricey lawyer. A former prosecutor may not be the ideal choice for defending against white-collar crimes. It’s crucial to ask questions to find the right fit for your needs.

Having a contract that spells out:

your specific financial responsibilities,
that you’ll receive copies of all court filings before they’re filed,
Time to review plea agreements,
the ability to review discovery, and
You’re “cc’d” on most, if not all, documents and Docket Sheets once a month.

If there is a flat fee and the relationship is terminated, should you expect a refund within 30 days? What would be a fair percentage to expect as a refund? It’s only after getting answers to your questions that you realize the former AUSA, who is now a white-collar attorney, is a good fit for you.

Do they charge hourly or a flat fee? Hourly fees may require a prepaid retainer, with monthly bills deducted from it, and expenses have separate charges for attorneys and staff. If a flat fee is non-refundable and cheaper than other local rates, consider it carefully, as an overly low price may be a red flag.