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Federal Criminal Attorney in New York - Lebedin Kofman LLP Defense Attorneys
When you have been accused of a federal crime, you must now create the best defense strategy for yourself against the federal government. That is a daunting task, and your future now hangs in the balance.
Federal laws, penalties, and those prosecuting them are completely different when compared to state cases. Federal prosecutors are some of the toughest in the nation and have the resources and talent to prosecute vigorously. The prosecution rate is high – over 90 percent of those who are prosecuted at the federal level are convicted – and the stakes are even higher. When your future is on the line, it is critical to get the best federal criminal defense attorney possible.
At Lebedin Kofman LLP, our aggressive New York federal criminal attorneys are driven by our dedication and promise to provide our clients with the most skilled legal defense possible. When you are facing serious federal criminal charges, the quality of your defense is critical. Our federal criminal defense lawyers will do everything in our power to help you maintain your freedom and get your life back on track. We handle cases in SDNY (southern district of New York) and EDNY (eastern district of New York).
To schedule a consultation with our experienced federal defense lawyers, call Lebedin Kofman LLP at 646-663-4430 today.
Not Just Any Federal Criminal Defense Attorney Will Do
While state courts have jurisdiction over state criminal matters, they will not hear cases involving federal crimes. Federal crimes are offenses considered unlawful by the United States federal legislation and violations of the United States Constitution. They must be heard in the federal court system with different procedural rules and prosecutors.
Federal law enforcement agencies that can be involved in prosecuting federal offenses include:
- Federal Bureau of Investigation
- Internal Revenue Service
- Bureau of Alcohol, Tobacco, Firearms, and Explosives
- Drug Enforcement Agency
- Immigration and Customs Enforcement
- Secret Service
- Securities and Exchange Commission
- Department of Homeland Security
In addition to those offenses that will only be heard in federal courts, state crimes can also be handed over to the federal government if the crime or evidence occurred over state lines. In this case, offenses that are handed over to the federal courts will be charged and prosecuted much more vigorously.
Lebedin Kofman LLP has a team of attorneys who may be able to help you create the best defense strategy for your charges. Federal criminal cases can be overwhelming if an individual handles them on their own. Seeking the help of experienced federal criminal defense attorneys should be the first step if someone is facing criminal charges. Call us today to speak with a skilled defense lawyer.
Effectively Defending You against Serious Criminal Charges
In the United States, a federal crime is an offense that is either made illegal by U.S. federal legislation or a crime that occurs on U.S. federal property. A federal crime may be investigated by the FBI, DEA, DHS, BATF, ICE, IRS, or any number of other federal agencies. Federal law is governed by federal statutes, such as Title 18 of the U.S. Code, and federal case law. Federal cases differ in many ways from state cases, so it is critical that someone being investigated for or charged with a federal crime has the guidance of an attorney with significant experience in defending federal criminal cases.
About Federal Crimes
In terms of complexity and the stakes involved, the types of criminal allegations that professionals and businesspeople can face far exceed typical street crimes. Handling serious federal charges is a different kind of criminal defense which requires specific experience, thorough investigatory tactics, and a firm grasp of the frequently complex laws that define fraud and other white collar crimes. In federal court, many individuals are initially charged with a document called a complaint. The defendant will either receive a summons to appear from the court, or a warrant will be issued for the defendant to be arrested and brought before the court.
There are myriad ways to resolve a federal criminal matter, and what is best for any individual depends on the facts and circumstances unique to each case. Most federal cases involve some plea bargaining with a federal prosecutor. If the parties cannot reach a plea disposition, then the case will proceed to trial.
Our New York federal criminal defense attorneys can handle the following types of crimes, and more:
- Identity theft attorney
- Federal bank fraud attorney
- Healthcare fraud attorney
- Mortgage fraud attorney
- Securities fraud attorney
- Wire fraud attorney
- Mail fraud attorney
- Tax fraud attorney
Our Process
Our Firm Is Your Solution
The attorney will call you to discuss your case, defenses, and possible outcomes.
You will be told the fee right away, as well as, potentially available payment plans and financing options.
You will have the option of coming into our office to discuss further or we email you a retainer agreement and we can handle everything right from your phone without the need to go anywhere.
Facing an Arrest for Federal Criminal Charges
Anyone facing criminal charges is presumed innocent until proven guilty. In most cases, however, an arrest is not made at the federal level unless there is already significant evidence and the prosecution feels confident that it will result in a conviction.
When it comes to a federal offense, time is of the essence. Federal law enforcement agents may question you without making a formal arrest, or they may execute a search warrant, but once you believe you are the object of a possible federal investigation, it is important to seek immediate legal representation.
At Lebedin Kofman LLP, criminal defense attorney Russ Kofman and federal defense lawyer Arthur Lebedin understand how overwhelming it can be to face criminal charges. We may be able to help you create the best defense strategy possible.
Attorneys Defending Federal Criminal Cases Must Be Experienced in the Federal Court System
When you are being investigated in a federal case, it is crucial to get the assistance of criminal defense attorneys who are experienced with defending cases in the federal court system and appearing before federal judges and juries, and who understand how federal prosecutors and judges work and think. Because of the severity of the charges and penalties in these criminal cases, timing is critical and experience essential.
At Lebedin Kofman LLP, our experienced New York federal criminal attorneys are dedicated to each client, providing the highest quality, personalized, and aggressive criminal defense possible. When your future is at stake, you want someone who is highly experienced at the federal level to fight for you each step of the way.
Common Cases Heard in Federal Court
There can be overlap between state and federal law, and you will want an attorney who has significant experience defending cases in both. A skilled federal defense attorney will understand both the subtle and sharp contrasts between the laws, the way they proceed, and how they may inform the other in a particular case.
Some of the most serious crimes heard at the federal level include:
- Homicide
- Narcotics distribution
- Child pornography
- Counterfeiting
- Racketeering
- Conspiracy
- Firearms offenses
- Bank fraud
- Wire fraud
- Insurance fraud
- Securities fraud
- Medicare fraud
- Computer crimes
- Money laundering
- Tax evasion
Given the high conviction rate of these federal offenses and the more severe penalties, it is critical to get the representation of an attorney with extensive experience at the federal level. Knowledge of federal laws, procedures, and cases that have been interpreted is indispensable to a successful defense.
At Lebedin Kofman, LLP, we have the knowledge and experience you need to face these changes successfully. Our New York federal criminal lawyers have the experience, dedication, and tenacity to diligently represent our clients in federal court.
Understanding Your Rights
If you are being considered in a federal case, it is important to understand your legal rights from the very beginning. You have constitutional rights afforded you under the 5th and 6th amendments to the U.S. Constitution.
The most well-known are your Miranda rights, including your right to counsel and your right against self-incrimination:
- You have the right to remain silent. Anything you say can and will be used against you in court.
- If you have started answering questions, you have the right to stop at any time.
- You have the right to speak with an attorney prior to questioning and to have an attorney with you any time during any questioning.
- An attorney will be appointed to you if you cannot afford one.
While you are not required to give law enforcement information regarding the specifics of a case, you are required to provide them with accurate information such as your name, birthday, address, and other necessary personal information. Providing inaccurate information will only work against you and may even suggest that you may be a risk for bail.
Pretrial
A Federal criminal case will begin either with a criminal complaint or indictment.
A criminal complaint is prepared by the U.S. Attorney’s office in cooperation with the law enforcement agency investigating the case. It is presented to a Federal Magistrate Judge who will decide if there was a crime committed and if the person who has been charged is likely to have committed it.
It then has 30 days to proceed through a Grand Jury for an indictment to enable it to move forward. In rare cases, the federal prosecutor may choose to offer participation in a pretrial diversion program instead of proceeding with formal charges.
An indictment, or a formal written charge, may be handed up by a Grand Jury that has already decided that there is reasonable cause to believe that a crime was committed by the person charged. The indictment is then presented to the court, and it moves forward.
Lebedin Kofman LLP has a team of attorneys who will work hard to provide the best legal advice to those who are facing criminal charges. Handling criminal charges on your can be very complicated and tough. Facing a grand jury can be scary. You do not have to face the justice system alone. Hiring a skilled NYC federal criminal lawyer should be the first step.
Bail
During the pretrial phase, bail will be set if appropriate.
Before a bail hearing, a member of the Pretrial Services Office will interview the accused to get personal information such as family, employment, finances, and any information regarding prior convictions and make a recommendation regarding bail.
Everything said will go into the bail report for the court to consider and will be confirmed. If the court believes that bail is appropriate, it will set restrictions while the case is pending. A defendant must obey all conditions of the bail, otherwise, it may be revoked and additional charges can be brought based on the violation of conditions.
Arraignment
Once a case proceeds beyond indictment or information, the next phase will be the arraignment. At this time, the accused will be advised of the formal charge and asked whether they plead guilty or not guilty. Most individuals plead not guilty, and a trial proceeds. In some cases, the defense may decide to file pretrial motions. A judge will decide whether the motions have merit or not, and the accused will plead depending on the outcome.
Discovery
Generally, within 70 days of an indictment, a case will proceed to trial. Before trial, the defense and prosecution will go through the discovery phase where pertinent information is shared between parties.
Both the defense and the prosecution will exchange evidence relevant to the case. Depending on the nature of the case, this may include any witness statements, investigator reports, forensic reports, or other documents or records that may be useful in preparation for trial. Sharing evidence in discovery prevents surprises during the trial and also increases the odds of a potential plea bargain.
Lebedin Kofman LLP’s federal criminal lawyer Russ Kofman is experienced in dealing with criminal cases in New York City. He may be able to create the best defense strategy for your case. Call us today at 646-663-4430 to speak with a skilled lawyer.
Plea Bargaining
From this point forward until a verdict is rendered, there is the availability for plea bargaining or negotiation between the prosecution and defense.
Because of the unpredictability of a federal trial, approximately 96 percent of criminal cases are resolved through negotiated pleas. Most pleas allow both the prosecution and defense some leverage and control over the results. If both sides agree upon a plea, a Plea Agreement will be drafted setting out the terms of the plea and which charges will result in a guilty plea, and which charges will be dismissed.
While many defendants often choose a plea deal instead of the uncertainty of a trial, they should also be aware that they give up some important legal rights and will still be saddled with a criminal conviction, despite a potential lesser one. The defendant must understand all possible consequences, including the collateral consequences of any criminal conviction.
Sentencing
After a plea or verdict, the next step is sentencing.
Unlike cases at the state level, sentencing differs at the federal level. Although still being bound to mandatory limits and imprisonment terms, federal judges have a great deal of discretion when sentencing a defendant. Often, a defendant will be making the decision to plead guilty or go to trial with only a broad idea of what their sentence may be. It is essential for the defense attorney to know and understand the mindset of the prosecution and judge when guiding a client is considering a plea deal or advising them to go to trial.
Getting the Skilled Legal Defense of a New York Federal Criminal Lawyer
Defense strategies in any federal criminal case will be dependent on the facts and circumstances surrounding the particular case, the evidence, and the specific law that has been violated. In most federal cases, however, federal prosecutors rarely bring charges if they are unsure of a conviction and without an enormous amount of evidence. This is why it is imperative for a defendant to have the most skilled New York federal criminal attorney possible when facing serious federal charges.
While the priority in any criminal case will be to get a not guilty verdict, charges dropped, and the case dismissed, the goal will always be the best outcome possible given the charges and evidence. We believe that every client deserves the best legal defense possible, given their set of circumstances and the evidence against them.
At Lebedin Kofman LLP, our experienced New York federal criminal attorneys have dedicated their careers to protecting our clients and their future. If you are being targeted in a federal case, put our skill, experience, and aggressive advocacy to work for you.
Call us at 646-663-4430 or contact us online to schedule a free consultation to discuss your charges.
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Federal Criminal Defense Topic Map
Federal cases in the Eastern District of New York and Southern District of New York often involve conspiracy, trafficking, financial crime, cybercrime, grand jury, and sentencing issues.
White Collar, Money Laundering, and Public Corruption Defense Topics
Related financial-crime defense pages:
- Enterprise Corruption
- Money Laundering in the Fourth Degree
- Money Laundering in the Third Degree
- Money Laundering in the Second Degree
- Money Laundering in the First Degree
- Bribery in the Third Degree
- Bribery in the Second Degree
- Bribery in the First Degree
- Bribe Receiving in the Third Degree
- Bribe Receiving in the Second Degree
- Bribe Receiving in the First Degree
Federal Defense in New York and Nationwide
Lebedin Kofman LLP handles federal criminal matters in the Southern District of New York, the Eastern District of New York, and federal courts around the United States. The firm can assist with federal investigations, target letters, grand jury subpoenas, detention hearings, plea negotiations, trials, sentencing, appeals, and matters involving counsel or proceedings outside New York.
Call 646-663-4430 or contact the firm to discuss a federal case.