If you are a suspect or have been charged with a crime by the Federal Government, you should immediately seek legal counsel who has experience in federal courts.
WHEN DO YOU NEED A FEDERAL CRIMINAL LAWYER?
The sooner the better.
WHAT SPECIFIC FEDERAL CHARGES ARE YOU CONCERNED WITH?
Drug Trafficking including: (Under certain circumstances, federal drug crimes carry the death penalty, life in prison, or such a substantial minimum mandatory sentence that it might seem like life).
- Continuing Criminal Enterprise.
- Conspiracy to possess controlled substances with the intent to distribute
- Conspiracy to import controlled substances, including:
- COCAINE
- MARIJUANA
- METHAMPHETAMINE
- OXYCODONE AND other prescription drugs
- Possession or growing of marijuana plants
- Possession or manufacture of methamphetamine
- White Collar Crime Including Embezzlement and Fraud
- IRS and other tax charges
- RICO (Racketeer Influenced Corrupt Organizations) violations
- Medicare, Social Security, Medicaid Fraud
- Child Pornography
- Firearms or explosives charges
- Money Laundering
Ms. Bonner has represented others and can represent you professionally in these or other allegations of federal criminal accusations. Please call her today.
STAGES OF A FEDERAL PROSECUTION
GRAND JURY REPRESENTATION:
If you have received a Target Letter or know that a Grand Jury is investigating you, please call Kate to get professional advice as soon as possible.
PRE CHARGE NEGOTIATIONS
Many people assess their positions and seek to minimize their exposure through Pre-Indictment negotiations.
Why shouldn’t I just hope that it goes away? Realize that if you choose to ignore the FBI, DEA, CIA, HOMELAND SECURITY, they usually don’t take that as a sign to go away.
Your ultimate sentence, if you plead guilty or are convicted, will depend on the exact charges filed against you. You can minimize your liability in some circumstances by pre charge negotiations.
PRE TRIAL MOTIONS AND INVESTIGATION
Gathering facts, reviewing discovery, investigating the Government witnesses and their background is perhaps the most important action that you can take. Your lawyer needs to supervise this process.
Sophisticated legal research, analysis, and motion preparation takes place at this stage.
TRIAL
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PERIOD OF TIME BETWEEN ADVERSE VERDICT AND SENTENCING
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You have a right to a second opinion or to choose a new or an additional lawyer for post trial representation to prepare, among other things:
- Motions for New Trial
- Renewed Motions for Judgment of Acquittal
In these motions you can address improper Government activity, the propriety of charges given to the jury, legal sufficiency of the evidence against you, trial errors–really nearly the same things that you will argue on appeal. Remember, a trial court has to be given an opportunity to correct any errors because on appeal you will be limited to the pleadings and transcripts of what happened before the trial court.
Ms. Bonner has been lead counsel in dozens of federal trials, appeals. She can explain the process to you and lead you through each step. Please call or email her.
SENTENCING
You need to know that most federal crimes carry with them minimum mandatory sentences are applicable. Also, there are sentencing guidelines, which the Court will apply in the event of a conviction. There is no parole and, if you are sentenced to a term of years, you will likely serve 85% of the stated sentence.
SPECIFIC SENTENCING CONCERNS
Continuing Criminal Enterprise
If a person is killed in the conduct of the Enterprise, a death sentence can be imposed. Otherwise, minimum mandatory life sentences are either possible or mandatory. Let Kate help you evaluate your drug case or at a minimum give you a second opinion.
Minimum Mandatory Sentences
Depending on the amount and the type of drug, these draconian sentences will be applied.
RICO his stands for Racketeer Influenced Corrupt Organizations Act. As many white collar defendants find out, this is not a law applied to organized crime only. If the government accuses an organization which meets the requirements of the Act, you can be prosecuted and receive all of the sanctions of this Act. Since your particular case is individual and since this is a fact-specific set of accusations, please learn early all of the pitfalls which you can suffer.
APPEALS
After conviction, you have an absolute right to appeal to the Circuit Court of Appeals.
Kate Bonner was lead counsel and had the honor of arguing a federal statutory construction issue before The United States Supreme Court; has argued in virtually every United States Court of Appeals and many times before the Florida Supreme Court.
Appeals are very unique in the court system. They are a way for a second court to review errors made at trial. However, the way that you were represented; the failure to call witnesses; poor examination or cross-examination cannot be raised on appeal except in the rarest of incidences. Appeals are confined to what is in the Record below–that is the filings and the transcripts. There is no jury, only three appellate judges sitting as a panel. They are primarily interested in legal rather than factual errors. It is natural for you to remember and have great concern for factual issues: why didn’t my lawyer bring up that the government witness had been convicted of perjury; why didn’t my lawyer bring my alibi witness to trial.
Requests for review of your conviction by the United States Supreme Court.
Very few cases are accepted for this Certiorari review. However, Ms. Bonner is one of but a few lawyers who has had the honor of arguing by the United States Supreme Court.
POST CONVICTION/HABEAS CORPUS RELIEF 28 USC § 2254 and 2255
As mentioned above, some Government error, ineffectiveness of counsel in investigation, preparation, conduct of the trial or the sentencing can be raised after the appellate process is concluded.
If you were convicted in federal court, you must allege violation of federal law of Constitutional law which prejudiced the outcome of your trial. 28 USC §2255.
The direct appeal is confined to the record which includes all motions filed and all transcripts of hearings and the trial.
Once again this is a very complicated area of the law. It is more difficult in many cases than preparing for trial. The question is: what happened that should not have and what should have been done that wasn’t? The answers to these questions must establish that you were prejudiced by the error–a very difficult task.
Your postconviction lawyer must review every detail and attempt to establish that you did not receive a fair trial. This requires detailed reading of each and every motion filed and each word of the trial testimony.
Then an investigation must be undertaken to show exactly what was not done and that it was possible to do in that time frame. For instance, if your alibi witness was not called, it needs to be established that in fact that person was an alibi witness and that he or she was available and willing to testify on your behalf.
