FEDERAL CRIMINAL DEFENSE
The procedure which federal courts follow in a criminal prosecution is quite different from state courts. In the United States, a federal crime is an act that is made illegal by U.S. federal legislation. A "federal crime" is one that is prosecuted under federal criminal law and not under state criminal law, under which most of the crimes committed in the United States are prosecuted.
Generally, federal criminal laws cover activity which occurs between multiple states and activity which is overseen by federal agencies. Examples of federal crimes include bank fraud, insider trading, wire fraud, bank robbery and crossing state lines to commit offenses.
Federal charges are in many respects more difficult to fight than state charges. Federal agencies such as the FBI, the CIA, ATF and other federal investigative agencies may be involved. Those agencies are well-funded and have extensive and highly effective investigative techniques. Oftentimes, the investigation is completed before a charge is filed.
Having a criminal defense lawyer as early in the process as possible is essential to ensure your rights are protected. Federal agents will attempt to interrogate you, and will ask questions in a way which will back you into a corner. The way to avoid this is simple: do not answer any questions. There is no way you can talk your way out of a criminal charge.
To fight the charge against you, I will analyze the evidence and conduct my own investigation. This includes using a private investigator to visit the scene, find and interview witnesses, track down leads, to help me determine a theme for your defense. I will exploit any errors by law enforcement, whether it be a violation of your constitutional rights, failing to pursue other suspects, and failing to follow up on leads which could show your innocence.
Fighting a federal case is remarkably similar to fighting a state case. The objectives and tactics are similar, while the court procedures are vastly different. Generally, in federal court there will be fewer court appearances.
An effective strategy in federal court must take into serious account the federal sentencing guidelines. These guidelines provide sentencing ranges for crimes. The guidelines take into account a number of factors: criminal history, characteristics of the offense, specific details of the crime, and the degree of cooperation the accused provides in the way of valuable information about other offenses and whether or not the accused agrees to plead to the charges.
As a general rule, the guidelines provide for longer sentences for a defendant who goes to trial and loses than for a defendant who agrees to plead guilty. This is part of the calculus in determining defensive strategy.
Whatever the strategy, Bryan Owens will fight for you like a cornered wolverine. He has been lead counsel in dozens of jury trials, and is a ruthless trial attorney.