Experience matters when you are facing Federal Indictment or Federal Criminal Charges in Oklahoma. It is important to know the Oklahoma federal criminal defense lawyer you hire is dedicated to your cause and versed in all aspects of federal criminal defense. John Cannon, owner of Cannon & Associates is a former prosecutor and experienced in the law and issues associated with fighting federal criminal charges. He has been recognized as a Super Lawyer and Top 40 under 40 in criminal defense. Contact Cannon & Associates to protect your rights and Fight your case. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 1(405) 657-2323 for a free confidential case evaluation.

 

Why did the Federal Court issue this Order?

On March 27, 2020 the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES” Act). The CARES Act provided in part, “if the Judicial Conference of the United States finds emergency conditions… will materially affect the functioning of… the Federal courts generally… the chief judge of a district… may authorize the use of video teleconferencing, or telephone conferencing…” H.R. 748 at § 15002(b)(1). 

Two days later on March 29, 2020, the Judicial Conference of the United States found the COVID-19 emergency materially affected the function of the federal courts and authorized video and teleconferencing in federal criminal cases with the consent of the defendant after consultation with counsel. 

One day later on March 30, 2020, the Chief Judge of the Western District of Oklahoma, the Honorable Timothy DeGiusti Ordered video and teleconferencing be allowed in a wide variety of criminal cases to respond to the impact COVID-19 has had on the federal courts, including closure of courtrooms, delay of federal criminal jury trials and civil jury trials, and the cessation of in person court appearances, i.e. the courthouses have basically closed down to the public for the time being. In short, the federal courthouses have closed to the public, prosecutors, federal criminal defense attorneys, and parties due to the pandemic and this response allows for continued proceedings without the risk of exposing those appearing to infection.

What does the Federal Court’s Order allowing Teleconferencing mean?

Before Judge DeGiusti’s Order for the Western District of Oklahoma, court proceedings in federal criminal cases had all but come to a halt. This Order re-establishes federal criminal defendants’ access to the Court and the opportunity for their federal criminal defense attorneys to fight their cases.

The Court’s Order authorizes the following proceedings to take place by video teleconference or telephone conference, if video conference is not available with the consent of the defendant after consulting with their federal criminal defense attorney:

  1. Detention Hearings under 18 U.S.C. § 3142
  2. Initial Appearances under Federal Rule of Criminal Procedure 5
  3. Preliminary Hearings under Federal Rule of Criminal Procedure 5.1
  4. Waivers of Indictment under Federal Rule of Criminal Procedure 7(b)
  5. Arraignment on Federal Charges under Federal Rule of Criminal Procedure 10
  6. Probation and Supervised Release Revocation Hearings under Federal Rule of Criminal Procedure 32.1
  7. Pretrial Release Revocation Proceedings under 18 U.S.C. § 3148
  8. Appearances under Federal Rule of Criminal Procedure 40
  9. Misdemeanor Pleas and Sentencing described in Federal Rule of Criminal Procedure 43(b)(2)
  10. Proceedings under 18 U.S.C. Chapter 40, excluding Contested Transfer Hearings and Juvenile Delinquency Adjudications / Criminal Trials 
  11. Federal Felony Please under Federal Rule of Criminal Procedure 11
  12. Federal Felony Sentencing under Federal Rule of Criminal Procedure 32, if the presiding judge in the case finds specific reasons the plea or sentence cannot be delayed “without serious harm to the interest of justice” Judge DeGuisti Order of the WDOK, dated 30 March 2020.

How long does the Federal Criminal Court’s Order last?
The federal criminal court’s order for the Western District of Oklahoma lasts for 90 days from the date the order was issued; however, the Court may reconsider and extend the order if necessary. 

In what types of Criminal Cases does this Order apply?

The majority of crimes are handled in state and municipal criminal court, i.e. DUI, Larceny, Burglary, Arson, Robbery, Sex Assault, Rape, Drug Trafficking, and Murder, as they are violations of state law. Therefore, this Order applies to a smaller number of criminal cases than the existing Order from the Oklahoma Supreme Court with similar effects of closing state criminal court proceedings, which was discussed in previous post. 

Federal criminal proceedings are more limited, as federal criminal law can only address a federal or national interest, i.e. counterfeiting, firearms that cross state lines, sex trafficking, drug trafficking or RICO charges across state lines, or other interstate commerce issues. 

 The Federal Criminal Justice System, Department of Justice (“DOJ”) has authority to procedure the following federal crimes:

  • Any crime on federal land: robbery or murder within a national forest / Indian reservation, crimes on military bases such as Tinker Air Force base or Fort Sill;
  • Crimes involving Federal Agents: assault and battery against an FBI or DEA agent;
  • Criminal Conduct that crosses state lines: Internet crimes involving targets across state lines or an internet fraud scheme that involved victims in multiple states
  • Crime where Defendant crossed state lines: robbery spree across multiple states or kidnapping where the defendant transported the victim across state lines
  • Immigration or Custom violations: importation of child pornography or human trafficking.

 

What should I do, if a Loved One has Federal Criminal Charges Pending during the Pandemic?

Experience matters when you or a loved one has been charged or indicted in federal criminal court in Oklahoma. It is important to know the Oklahoma federal criminal defense attorney you hire is dedicated to your cause and versed in all aspects of federal criminal law and federal criminal procedure

Cannon & Associates is dedicated to addressing the legal questions and needs of federal criminal defendants and their families in this time, as always. We have secure video conferencing available to make the above referenced appearances in federal criminal cases and the ability to communicate, negotiate, and use Fierce Advocacy to fight for our clients during this time!

Contact – Cannon & Associates: Oklahoma Federal Criminal Defense

Cannon & Associates is dedicated to Fierce Advocacy for federal criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your federal criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 1(405) 657-2323 for a free confidential case evaluation.