The Experience To Handle Federal Criminal Defense
Federal prosecutors are more thorough than state prosecutors. A federal prosecutor has unlimited resources to investigate a crime. These cases are often investigated by the FBI or the Drug Enforcement Administration (DEA), both of which are much more thorough and exceed the capabilities of local law enforcement (such as the NYPD).
Federal courts have the power to prosecute people for crimes that are being committed in other states and even other countries. In particular, the Southern District of New York is well-known for its broad reach. Our founding attorney, Jeffrey Chabrowe, has defended many people whose crimes were committed all over the world. Many of his international clientele are from Europe and the Middle East, who have been brought to New York to be prosecuted. Courts have regularly found that the U.S. Attorney’s Office only needs to show a limited connection with New York to prosecute people whose crimes have been committed outside of the United States.
Federal sentencing is very different from state sentencing. It is based on a points system, where there are different points for base offense levels. In addition, there are different enhancements – for things like the amount of money taken in financial cases or the weight of drugs in drug cases – that are added to the base offense levels. Then there are other points for things like leadership, co-defendants, etc. The point total then results in guidelines for months of incarceration. If a client is convicted or pleads guilty, there is a guideline of months for incarceration, which is a range: for example, 41 to 51 months. During the sentencing stage, the defense must submit a memorandum on the defendant’s life and the government must submit its position. At the end, a report is submitted to the judge, who will then make a decision regarding what is appropriate, live at the sentencing. Federal judges can give a defendant a sentence that is within, above or below the guidelines.
Federal District Court Judges Have Discretion
Federal District Court judges are appointed directly by sitting presidents of the United States. Certain judges vary quite a bit in how they sentence, even for the exact same crimes. Two different judges might give wildly different sentences if they presided over the very same case. Also take into consideration, certain federal crimes come with mandatory minimums. Although there are guidelines, in the case of these federal crimes, a judge might be incapable of sentencing you below a mandatory minimum. Drug cases in particular are notoriously strict: there is a five-year mandatory minimum and a 10-year mandatory minimum. A great deal of federal sentencing guidelines are complicated and expansive. There are many different enhancements and permutations that all have great effects on the guidelines and, ultimately, the sentence.
Sentences handed out in federal court are much more severe than those that are handed out by state courts. Fortunately, Jeffrey Chabrowe is very experienced in all these complexities and can provide the same top-notch quality of defense for federal cases that he provides for state cases.
The Sooner You Act, The Better
Time is always of the essence in federal cases. The federal government usually spends months on an investigation and might already be well into the process of gathering evidence about you. Contact us as soon as you can for the best help available. Call The Law Office of Jeffrey Chabrowe at 212-235-1510 or send us an email to set up a free, confidential initial consultation.