Defense attorneys have the duty to hold the government to the highest standard of care in their presentation of evidence against clients.
Attorneys also have the duty to honestly discuss with their client any and all evidence that the government has, and to realistically assess the government’s chances of winning at trial.
Federal Criminal Representation in U.S. District Court is totally different from State Court Criminal Representation.
A good attorney will consider all of these factors and discuss all options with the client, including the worst-case scenario, in order to reach a collective decision regarding the direction of the defense.
A Successful Defense
R. Bruce Tharpe was one of the first U.S. attorneys to defeat the U.S. government in an Amparo, a Mexican criminal procedure that takes place when the United States files an Extradition Request.
Regarding this case, which took place in Mexico City, Tharpe said:
“The U.S. Constitution provides that every citizen of the U.S. is entitled to an attorney, and in my opinion, that means an aggressive and vigorous legal defense, not just an attorney who pleads their client guilty.
“Any person accused of a crime is entitled to have a skillful and knowledgeable attorney objectively review the evidence against them to ensure that their Constitutional rights were not violated.
“If the State does not have enough evidence to convict a client, or if the police have violated a client’s rights, then it is the attorney’s duty to obtain a dismissal of the case, if at all possible.”
Federal Criminal Defense FAQs
When someone is embroiled in a criminal law matter, many questions need to be answered.
Questions you may have include:
- What are the differences between the State and Federal Systems?
- What are the Federal Sentencing Guidelines?
- How do the Federal Sentencing Guidelines apply to my case?
- What if I want a trial? What does that entail?
- What is the evidence against me?
- What if I just want to plead Guilty?
- If I just plead Guilty, what is my possible sentence?
- Am I entitled to probation?
- What if I am already on probation?
- What if the police arrested me, but didn’t advise me of my rights?
- Is there any possibility of me going to jail?