NOT IF WE CAN HELP IT.
Oh, my God–you mean that I could be in jail for the rest of my life or at least 30 or 40 years? My kids will be grown, my parents may pass away…my life is ruined? Surely I will be a model prisoner and be paroled in no time. Think again. There is no parole and good behavior is not rewarded like it used to be.
What should I do now?
Your next step depends on the place where you are in your case.
1. Know that you are being investigated.
Talk with Kate because next thing that you know you or your corporation has been subpoenaed to a grand jury.
WHEN YOU BEGIN A THOUGHT WITH “I CAN ALWAYS SAY…” OR “HE IS LIKE MY BROTHER AND WILL NEVER COOPERATE AGAINST ME…” you are not facing reality.
2. Grand Jury Investigation
All federal crimes are indicted by a grand jury unless the defendant waives his right to a grand jury determination and agrees to the filing of a Complaint. (Rare unless you are cooperating or have made a pre-accusation deal).
Your lawyer will not be present at any federal grand jury and will not even know who the witnesses are being presented against you. In a few jurisdictions–Florida is one of them– a lawyer for a witness–not for you– can be present but cannot object or otherwise interfere with the state’s presentation.
Grand jury Indictments do not require that every person on the grand jury agrees, merely that there are a certain number who agree.
Grand juries can return “no true bills” declining to indict, but this is so rare as to be inconsequential.
There are times when a potential defendant can be invited to testify. This is usually ill-advised.
3. You have been arrested?
In the usual course of things you will be taken to the roffice of the DEA,FBI or other police agency. You will be questioned until you advised that you want your lawyer. After that, they will stop all questioning. It is wise to remember the exact things which happened and when; the names of the agents, who was present when each thing happened; were you being recorded, etc.
4. You are pretrial detained.
What does this mean and is it that legal.
In general terms it means that you are considered a risk of fleeing the jurisdiction or hat you are a danger to the community. This depends on many factors, including your immigration status, how long you have lived at your current address; whether you have children in school; whether you have a full -time, verifiable job–in other words, your ties to the community. It is legal, but a negative determination can be appealed immediately.
5. You are released on bond preparing for trial.
Can I travel? Can I work? Do I have to wear a bracelet?
Generally your travel will be restricted to the District in which you were arrested, but permission to travel can be granted by the judge. You may have to report to a pre-trial services officer once or more per week and that work is person will permit you to work if the work is acceptable to the court. Wearing a bracelet is another condition of bond which can be imposed and this is sometimes th e deciding point on whether you can be released.
6. You are trying to resolve the charges with minimal impact on you and your family
Any lawyer who is looking out for your interests will advise you that plea bargaining exists and what Its benefits may be to you. Pleading guilty does not mean that you are cooperating against others, but cooperation may be part of the bargain. No matter your thoughts on the matter, your lawyer should at least lay the facts out for you.
7. In spite of assurances from your counsel of his or her ability to “get the case dismissed” or some other favorable outcome, you are picking a jury Monday morning.
If you are still confident in your defense strategy, have your investigation completed, feel comfortable with going to trial and understand the risks and benefits, proceed.
However, if you are unsure, feel that your lawyer is unsure or unprepared, are missing witnesses or investigation, stand up yourself and tell the judge your concerns and ask for more time to find another lawyer. This takes bravery, but you will kick yourself later if you have let your concerns go unaddressed.
7. You were unfortunate enough to have been convicted.
You are awaiting sentencing–frequently you are incarcerated while you wait for one month or more. See article on postconviction, pre appeal remedies.
8. You are sentenced to a sentence which seems like death and either been given a report date or are going to be transported to the prison from the jail in a police bus.
9. You want to appeal and you need to know how soon you must begin the process.
You are worrying that you will not be able to seek out a new lawyer because you are in jail, your family is devastated. You need moral support but they may need it even more.
10. You have gotten a bad decision from the court of appeals.
11. The Supreme Court of the United States refused to take your case.
12. What other options are open to you?
If you have a federal conviction, you may–within one year of the affirmance of your conviction–file a Motion to Vacate pursuant to Title 28 USC § 2255. This complex area is discussed in detail ____
If you have a state conviction, you must first go to the state courts to vacate your sentence. No matter how long a state gives you to do this, you have to file it before the one-year federal time runs out. For instance, Florida gives post-conviction defendants two years to file for relief. However, if a prisoner waits fifteen month, he will have to take the state’s decision for whatever it is–he can never go to federal court pursuant to Title 28 USC § 2254.
