FAQ: FEDERAL CRIMINAL DEFENSE

You should exercise your right to remain silent and begin your search for an experienced federal criminal defense attorney. You will have an opportunity to tell your side of the story after retaining counsel.

Yes, you have the right to remain silent and not speak to investigators. You have the right to speak to an attorney prior to being questioned. You have the right to retain and meet with an attorney before deciding whether to cooperate with federal investigators or not. You should hire an experienced Oklahoma federal criminal defense lawyer prior to moving forward.

The details of your case and proposed charges play a role in the federal judge’s decision to allow or not allow a federal criminal defendant to be out of custody, while his or her case is pending. In order to have the best opportunity for your loved one to be allowed out of custody during their federal criminal case, you need to hire an experienced Oklahoma federal criminal defense attorney.

The United States Attorney’s Office falls under the Department of Justice. Each of the 94 Federal Districts have a United States Attorney that handles civil and criminal matters for the federal government. The United States Attorney represents the U.S. in federal cases, in federal court, for federal crimes as well as civil cases. State prosecutors have a similar function in state court, including prosecuting state crimes and representing the state, county, or city in civil cases.

Yes, federal courts and the United States Attorney exercise limited jurisdiction, which means crimes not specifically authorized to be prosecuted in federal court may only be prosecuted in state court. Another result of separate authority means you can be prosecuted in both federal court and state court for one crime; however, in the Western and Northern Federal Districts the United States Attorney’s Offices will communicate with the relevant District Attorney’s Offices. The United States Attorney’s Offices in these two Federal Districts usually will ask the District Attorney to not seek a conviction, if the federal prosecutor is going to charge an individual.All this is to say, yes you can be prosecuted in both federal and state court for one crime, but this usually will not happen. In fact, if you are in the United States military; you could be prosecuted by the Military, the United States Attorney’s Office, and the District Attorney’s Office.

Yes, although the State of Oklahoma has legalized the use of Medical Marijuana with a valid prescription; it is still a federal crime to possess medical marijuana. Although these charges are rarely prosecuted in federal court, it is wise to consult with a federal criminal defense attorney, if you have such a prescription.

Yes, you can potentially receive a “Downward Departure” for substantial assistance in a federal investigation, if it benefits the investigation or prosecution of another, more serious, federal criminal offender. This benefit may only be offered by the federal prosecution in your case, which means you should not participate or cooperate with federal investigators until your federal criminal defense attorney has communicated with federal prosecutors.

In order to facilitate complete federal investigations; federal prosecutors may agree to conduct a proffer interview between a federal criminal suspect and federal agents investigating a federal offense in the presence of your federal criminal defense attorney and the federal prosecutor. No statement made by a federal criminal suspect may be used against him or her in the government’s case-in-chief, if charges are filed. However, the federal agents may conduct additional investigation into the federal criminal suspect in the proffer interview and use that information. You should consult with your chosen federal criminal defense attorney prior to engaging in such an interview.

The fact your state court criminal charges were dismissed does not mean your federal criminal charges will be dismissed. The two courts exercise different jurisdiction and the District Attorney’s Office and United States Attorney’s Office have separate authority to prosecute your criminal charges. It is important to hire an experienced federal criminal defense attorney that can handle your case in state or federal court.

Almost all federal crimes have a statute of limitations. In fact, most federal felonies have a statute of limitations of five years from the date the crime was committed, not the date of discovery. There is no statute of limitations for the following federal crimes: death is a potential punishment, terrorism, and specific federal sex offenses. It is very important to consult with a federal criminal defense attorney, if you think your potential charges may be too old for prosecution.

You should interview a number of federal criminal defense attorneys and hire the defense attorney you feel the best connection with and is the best defense attorney you can afford. You are welcome to schedule a free consultation with CANNON & ASSOCIATES.

Federal criminal procedure and prosecution is a highly technical area of criminal law. Your chosen federal criminal defense attorney must be experienced with federal criminal procedure and be a skilled advocate. You should contact an experienced federal criminal defense attorney as early as possible in your federal criminal investigation or prosecution. It is my hope this page has educated you on some of the most common questions I receive in federal criminal defense.Experience matters when your freedom or the freedom of a loved one is on the line. It is important to know the attorney you hire is a Fierce Advocate and has experience defending serious criminal cases. John Cannon, owner of CANNON & ASSOCIATES, PLLC, will personally work along-side you during the entire process. John has been honored by being identified as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association. John has the experience you need and will bring it to bear in your case. Additionally, he has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges, evidenced by receiving the highest possible AVVO rating – 10 (superb). Contact CANNON & ASSOCIATES to protect your freedom and Fight your Case. You may send an email inquiry, complete the contact form on our website, or call at 1(405) 369-5267.