Nobody likes the idea of facing criminal charges. In fact, the idea is downright terrifying. If the evidence stacks up against you, you could end up being locked in prison for many years, you could face steep fines, and you could suffer from the stigma of a criminal conviction for the rest of your life.
Prospects are even worse if you’re facing federal charges. Federal charges tend to be more serious, and are associated with steeper penalties; on top of that, the federal government usually has more resources to prosecute you with. Even if you’re innocent of the crime of which you’re accused, it can be incredibly stressful.
The good news is that there are many ways to defend yourself against federal charges, and as long as you have a good attorney, you’ll have a chance to protect yourself.
Hire a Federal Criminal Defense Attorney
A federal criminal defense attorney is going to be your best asset in defending yourself. Your lawyer is going to dig deep into your case, exploring every possible nuance to see if they can get the charges dropped or get you acquitted. Depending on the nature of your case and the circumstances surrounding it, they may pursue one or more of several potential strategies.
In the meantime, they’re going to represent you in interrogations, provide you with advice, conduct discovery to secure more evidence, step in if your rights are being violated, and potentially even represent you in court. The sooner you hire a federal criminal defense attorney, and the more experienced they are, the better this is likely to go for you.
How to Successfully Defend Yourself Against Federal Charges
These are some of the critical strategies that can help you defend yourself against federal charges:
- Collect evidence. Collect as much evidence as possible to illustrate your side of the story and defend yourself from potential accusations. As a simple example, if you’re accused of committing a crime at a certain location on a certain date, and you can show evidence that you were across the country at that time, you might be able to get the charges dropped entirely. You can also gather evidence to substantiate certain elements of your point of view, or weaken the opposing side.
- Attack evidence. Another strategy is to attack evidence gathered by the prosecution. For example, if they have an expert witness testifying about the nature of specific pieces of evidence, you might be able to undermine their credibility or present an expert witness of your own to contradict what they’re saying. If you can eliminate or undermine most pieces of evidence against you, there will be no case.
- Identify and present an affirmative defense. For most crimes, there are potential affirmative defenses. These are essentially valid legal excuses for specific types of conduct. For example, you might be able to escape manslaughter charges if you were merely acting in self-defense. Identify and present all affirmative defenses that apply to you to maximize your chances of winning.
- Cast doubt. In the criminal justice system, we can only find people guilty if they are guilty beyond a reasonable doubt. Accordingly, you might be able to escape conviction if you can plant even a single seed of doubt in the minds of the jury or a judge. Cast doubt on any crime elements that you can.
- Establish a lack of criminal intent. Nearly all criminal laws require a mens rea, or a specific mental state associated with the criminal action. For example, the prosecution might need to show that you knowingly committed this crime, or that you recklessly committed it. If you can establish a lack of intent, you might be able to reduce the charges against you or eliminate them entirely.
- Prove rights violations or misconduct. If your rights were violated during your arrest, or if you were the victim of police misconduct, you may also be able to escape charges. However, this is totally reliant on actions and omissions by the other side.
- Negotiate for a plea deal. If the evidence is strongly against you, your best action might be to negotiate for a favorable plea deal.
In the Meantime
As you start navigating this space:
- Remain patient. Resolving federal charges is going to take time. Don’t rush the process or succumb to catastrophic thinking.
- Stay quiet. As a criminal suspect, you have a right to remain silent – and you should take advantage of it. Don’t answer any question unless advised to do so by a lawyer.
- Follow your lawyer’s advice. Your lawyer knows what they’re doing. Trust and follow their advice.
Defending yourself against federal charges is massively challenging, even with solid legal representation. Remain patient, listen to your lawyer, and take things one day at a time as you try to get a favorable result.
