WHEN DO I DECIDE WHETHER TO GO TO TRIAL?
Unlike state court, there is a statutory speedy trial requirement in Federal Court. Accordingly, cases are scheduled for trial within 70 days of the initial appearance. Cases move at a much faster pace in Federal court and motion practice is much more extensive than state court. So, even if you have a state practitioner who is comfortable in state criminal court, he can easily become overwhelmed with the case and pressure you to plea to what the Government is offering. This is not normally in your best interest.
Further, the experienced Federal criminal lawyers at the U.S. Attorneys Office will not take your lawyer completely seriously if he does not have extensive practice in Federal court, or a track record of plea bargaining all of his cases without fighting back. The attorney you retain will significantly impact your plea offer.
One pretrial punishment issue lawyers are often not aware of in Federal court is the availability of probation. Unlike state cases, probation in Federal court is the exception and not the rule because of the Federal Sentencing Guidelines. Most offenses as charged are punishable by prison time only. However, an experienced Federal criminal lawyer can, in many cases guide you to a dismissal of the case, pre-trial diversion or probation.
Plea negotiations are ongoing and are the way most Federal cases are resolved. If you are not factually or legally guilty and want to go to trial, an experienced attorney can present and defend your case under the Federal rules and should get the acquittal you deserve. However, you need to be aware that if you are charged in a "conspiracy" case and are absolutely not guilty, a trial will result in the Government parading all the guilty persons before the jury to try to "prove" your guilt through an offer of a lighter sentence to the guilty party if they "cooperate" in prosecuting you. If you are not found guilty, these jail house snitches will not get their expected sentence reduction of 25% to 50%. This means they will make up stories against you and you must be aware that many juries will believe them because of the seriousness of Federal court. That is why it is extra important to have an experienced Federal lawyer to present your defense. It cannot be emphasized how strong this motive to lie against you is, and how regularly it is employed with impunity by U.S. Attorneys in conspiracy cases.
Trial in Federal Court is somewhat different than State Court. Jury selection is handled by the Federal Judge with very little input from the trial attorneys. The U.S. Attorney will have at least two attorneys, an agent, a technical person and various other resources which are not normally available to the average criminal defendant. If you have hired an attorney, that attorney may seek additional resources at Government expense if you do not have additional funds. Make sure your attorney is aware of this process. The rules and law that apply are certainly different and require experience.