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Federal criminal cases - Nagra Law Firm P.C.

Federal criminal cases

What Cases Do Criminal Defense Lawyers Handle?

What Cases Do Criminal Defense Lawyers Handle?

Every criminal case in the United States has at least two lawyers: the prosecutor, who represents the state; and a criminal defense lawyer, who may be either a public defender or a private attorney, representing the defendant. This, of course, excludes the exceptional case in which a defendant chooses to represent themself, which is called proceeding pro se or pro per. Nagra Law Firm P.C., led by owner and lead trial counsel Akaash Nagra, Esq., handles a wide range of criminal cases, including financial crimes, violent crimes, robbery, conspiracy, traffic crimes, domestic abuse, drug crimes, sex crimes, weapons crimes, and Driving Under the Influence (DUI) before state, appellate, and federal courts. We are passionate about vindicating our clients and ensuring that their constitutional rights are protected. Hiring a knowledgeable criminal defense attorney plays a crucial role in ensuring that your interests are safeguarded, whether your case goes to trial or if a settlement is pursued. In this blog post, Nagra Law Firm P.C., one of the leading criminal law firms based in Sacramento, will take you through some of the commonly handled cases by criminal defense lawyers.

Crimes Against Another Person

When an individual physically or mentally harms another person or even attempts to do so, it may become a punishable criminal offense under various statutes in California. Crimes against other people can take many forms. Some of these cases include assault, battery, assault with a deadly weapon, murder, manslaughter, sexual offenses, domestic abuse, and more. Deaths caused by injuries during arguments, quarrels, assaults, fights, or other circumstances may be charged as murder. An example of one such circumstance is when a victim dies in a case of alleged Driving Under the Influence when the Defendant has received the Watson advisement after a previous DUI. In this circumstance, the defendant may be charged with murder. An experienced Sacramento criminal defense trial attorney should be immediately consulted if you or a loved one has been charged or may be charged with any of the above-described crimes.

While murder involves the intentional killing of another human being, voluntary and involuntary manslaughter are reduced charges, which still can carry very serious consequences. Some homicides can be deemed lawful, such as cases of self-defense, necessity, or defense of others. When you hire Mr. Nagra, Esq., an expert criminal defense lawyer in Sacramento, you can rest assured that your criminal case is in good hands. We will seek the strongest possible defense strategy for your specific situation after listening to all details about your case, and we will aggressively defend you in court.

Crimes Related to Driving Under the Influence (DUI)

Just like the physical dangers of a DUI, such as death, paralysis, or traumatic brain injury (TBI), the legal consequences of a DUI are also very severe. A DUI conviction will usually lead to jail time, probation, fines, loss of your driver’s license, and an increased insurance premium. It is extremely important to consult with a knowledgeable Sacramento DUI attorney in these cases to discuss any possible defenses and ramifications of your case. An experienced criminal defense lawyer, such as Mr. Nagra of Nagra Law Firm P.C., will have all the tools necessary to represent you in court effectively. If you are charged with a DUI, do not delay, call us at (916)-913-1378. It is essential to contact us quickly, otherwise your right to a DMV hearing to challenge the suspension of your driver’s license will be forfeited just ten days after your DUI arrest. Mr. Nagra will not only study your case inside and out, but he will also present your side of the story in court, ensuring that your rights are safeguarded and protected.

Domestic Abuse and Domestic Violence Crimes

Over a million people are charged with domestic violence every year. Physical, emotional, financial, and even mental abuse can all fall under the broad umbrella of domestic abuse cases. Along with genuine cases, every year many false cases of domestic violence are also filed. Wrongful charges in cases of domestic violence or domestic abuse can seriously affect the life of the defendant, which makes hiring an experienced criminal defense attorney a must. In some cases, a defendant in a domestic abuse case may even be charged with homicide, despite the truth perhaps being that there may have been a legitimate claim to self-defense. A law firm with experience handling similar cases will be best equipped to skillfully handle your case. At Nagra Law Firm P.C., our goal is always to obtain the best possible outcome in your case and to maintain the highest level of customer service by keeping you informed and aware throughout the process. Our criminal defense law firm is always just a phone call away, at (916)-913-1378.

Sexual Harassment and other Sex Crimes

Sexual offenses carry very severe punishments in court, in addition to the obvious social stigma attached. Sexual crimes may include sexual harassment, indecent exposure, statutory rape, child abuse, spousal rape, sexual battery, and others. Depending on the severity of the alleged crime, the punishment for such offenses may range from one year in jail to life imprisonment or even the death penalty. Our law firm takes these accusations extremely seriously, always mindful of the fact that these cases carry some of the highest rates of false accusations. Akaash Nagra, Esq., believes that everybody has the right to a strong criminal defense attorney. We understand the irreversible impact these cases have on people’s lives. Call us at (916)-913-1378, whether you believe that you are being investigated or if you have already been charged. We will get your side of the story, gather all available witnesses and evidence, and make sure that your interests are protected. We have experience in brokering favorable settlement deals, as well as taking cases all the way to the jury box.

Crimes Related to Weapons

Crimes associated with the use or possession of weapons are often serious punishable offenses. While illegal possession of a weapon is itself a serious crime, it often can be committed in combination with other associated offenses, such as drug possession. If a person is charged with a particular crime and the prosecutor believes that a weapon was used to commit the crime, the prosecutor may charge the person with a weapon “enhancement”, which may dramatically increase the possible punishment for the crime. Conviction of a weapon crime may harm future employment prospects. It is always a wise decision to consult with an experienced criminal defense attorney when you are charged with a weapon-related crime.

Financial Crimes

Every year in the United States, millions of financial frauds are committed. Any act committed in which one party gains undue financial benefits at the expense of another party who suffers a financial loss may possibly be described and criminally charged as a financial crime. Money laundering, tax evasion, securities fraud, and embezzlement are some of the most common financial crimes. Due to the often-complex nature of white-collar criminal issues, there may be many overlapping criminal charges filed based on a single alleged transaction or occurrence. There are cases where innocent people are charged with financial crimes due to unintentional mistakes or misunderstandings. A skilled criminal defense lawyer, such as Mr. Nagra, will help you by studying all the evidence, helping you understand the law and all possible outcomes, conducting investigation, contacting law enforcement and/or the prosecution, and presenting your side of the story. Do not delay, call us today at (916)-913-1378.

Theft, Burglary, Robbery, and Shoplifting Charges

Whether it is a less-serious criminal charge such as shoplifting, or a very serious charge such as armed robbery, defendants are advised to consult with a private criminal defense lawyer in Sacramento to gain a better understanding of their possible options and outcomes. The severity of the possible punishment in these cases may be based on the value of the allegedly stolen item(s), as well as whether a weapon was used and whether the defendant has any prior strike convictions. Contrary to popular belief, all theft, no matter the value of the stolen property, still carries criminal punishment to this day in California. Theft of more expensive items can be charged as a felony, landing a person in prison if convicted. Theft of less expensive items is charged as a misdemeanor, which carries a county jail sentence of up to one year.

Have Questions? Contact Nagra Law Firm P.C. Today!

If you ever find yourself being investigated or charged with a criminal offense, you should consult a skilled criminal defense lawyer right away. Mr. Nagra is a former prosecutor and a former public defender; these experiences combined provide him with a unique level of understanding of all angles of the criminal justice system. Mr. Nagra dedicates his time to protecting the rights of the accused. Call us today to schedule your Free First Consultation, and remember, which lawyer you hire matters!

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Preventing Self-Incrimination: The Right to Remain Silent

Preventing Self-Incrimination: The Right to Remain Silent

If you watch police or true-crime movies or TV shows, you may have heard the phrase, “The Right to Remain Silent” several times. However, the rights that this statement represents are not always well understood. There are basic due process rights afforded to all citizens of the USA, including defendants in criminal cases. The right to remain silent is no doubt one of the most fundamental rights provided to all Americans under the U.S. Constitution.

To help people gain a better understanding of how to invoke one’s right to remain silent and to protect their fundamental rights, in this blog, Nagra Law Firm P.C. will share detailed insights. Nagra Law Firm P.C. is owned by Akaash Nagra, Attorney-at-Law, who is a former prosecutor and one of the top criminal defense attorneys in Northern California.

Is the Right to Remain Silent Available During Police Investigation and Interrogation?

The answer is that in the United States, yes, the right to remain silent is an absolute right that can be invoked at any time during a police interrogation or investigation. What this means, to put it simply, is that you are never required to make a statement to the police. If you do begin to make a statement to the police, you can stop at any time by invoking your right to remain silent.

If the police interrogate you while you are in their custody, any statement you make is automatically inadmissible at trial, unless you first waived your right to remain silent, under Miranda v. Arizona (1966) 384 U.S. 436. This is because under the Fifth Amendment, everybody has the right to remain silent, and no person can be forced to give testimony that could incriminate them. In Miranda v. Arizona, the Supreme Court of the United States interpreted the Fifth Amendment and issued a groundbreaking legal ruling. Miranda made it the law of the land that law enforcement officials, such as police officers, must affirmatively advise criminal suspects of their right to remain silent and their right to an attorney during interrogations while in police custody. Otherwise, the suspect statements thereby obtained are automatically inadmissible at trial.

The 1966 Supreme Court decision of Miranda v. Arizona made giving so-called “Miranda warnings” routine police procedure. New police officers are now often given cards with Miranda warnings written out on them, so that they can easily and reliably read them to suspects without having to remember them off-hand. Miranda warnings typically include your right to remain silent, your right to have an attorney present free of charge throughout questioning, and the fact that anything you say can and will be used against you later on in court. The point of the Miranda warnings is to advise suspects of their rights, which they may otherwise be unaware of, and to force police to cease interrogation once a person has invoked their right to an attorney. Once a person has invoked their right to an attorney, any statements made afterward are not admissible in court. The police are obligated to inform a person about their Miranda rights only before a custodial interrogation.

Does a Criminal Defendant Have a Right to Remain Silent at Trial?

According to the Fifth Amendment of the United States Constitution, everybody has the right not to incriminate themselves. This includes a right not to be called as a witness against oneself by the prosecution. In other words, a criminal defendant cannot be forced to testify during a trial. Additionally, if a defendant chooses not to testify at trial, the prosecution may not mention the fact that the defendant has not testified during their arguments or questioning. This is because courts have held that this would undermine the right to remain silent at trial, as the jury could then infer that the defendant’s silence is in some way indicative of guilt. The jury may not consider as evidence the fact that the defendant has invoked their right to remain silent. The judge should instruct the jury that they cannot use the fact that the defendant did not testify or provide a statement as evidence that he or she is guilty.

On the other hand, a criminal defendant does have the absolute right to testify at trial if they wish to. It is the sole discretion of the defendant whether or not to testify at trial. They cannot be forced to testify, but they also cannot be forced not to testify if they want to do so. If a defendant chooses to remain silent, the prosecutor may not comment on it.

Thus, we can safely say that the right to remain silent during a trial can be invoked by any defendant in any criminal case. However, it is generally recommended to hire a skilled criminal defense lawyer first, such as Akaash Nagra of Nagra Law Firm P.C. With their counsel, decide on the best strategy to defend your case in court.

Who has Immunity from Incrimination?

Protection against self-incrimination is available to all citizens of the United States of America under the Fifth Amendment of the Constitution. In simple terms, an experienced defense attorney will explain to you that any person, whether a private citizen, a public official, or a witness, has the right to refuse to answer any question or give testimony that could incriminate them.

There are a few exceptions and limitations to this protection that apply when a witness other than the defendant is called to the witness stand. They are categorized as transactional immunity and limited or “use” immunity, respectively.

Transactional Immunity

In transactional immunity, the court or the prosecution may offer a witness total immunity from subsequent criminal prosecution relating to the subject matter or offense about which they testified.

Limited or “Use” Immunity

When prosecutors grant limited immunity (or “use” immunity) to an individual, it only protects the individual from the use of their testimony or evidence derived from that testimony in a subsequent prosecution. The individual may still be prosecuted if the prosecutor is able to find evidence independent of the witness’s testimony that substantiates that a crime has occurred. In Kastigar v. United States (1972) 406 U.S. 441, the Unites States Supreme Court held that “use” immunity is sufficient for the prosecution to then compel testimony from an otherwise unwilling witness.

Public officials, including government employees, may be required to give testimony before a court or before a legislative body. Public officials and government employees may invoke their Fifth Amendment rights to remain silent and to not incriminate oneself if the testimony they would be giving would be self-incriminating. They may also be granted immunity from prosecution, like other witnesses.

What is a Failure to Invoke the Right to Silence?

Many people are not aware of the various constitutional rights that U.S. citizens have. Therefore, it is no surprise that people do not always exercise their rights, even when they should. Being armed with knowledge is the best way to ensure that you can get the full benefit of your constitutional rights.

If an individual willingly provides a statement to police while they are not in police custody, that can be considered a waiver of their right to remain silent, even though Miranda warnings were never read to them. Therefore, it is extremely important for you to remain silent and not provide a statement to the police from the very beginning of an investigation. Do not wait for the police officer to read you your Miranda rights, as it may already be too late by that point if you already provided a statement while you were not in custody.

If you are in custody and are read your Miranda rights but you do not explicitly invoke them, this can also be deemed a failure to invoke the Fifth Amendment right to remain silent.

This failure may occur for various reasons, including pressure from law enforcement, confusion, fear, or a lack of awareness of one’s rights. That is why it is advised for all individuals who are facing trial or are summoned by the police or any law enforcement authority to hire an experienced criminal defense lawyer, such as Mr. Nagra. As your attorney and advocate, he not only protects your rights and makes you aware of them, but he also forms a strong defense strategy for you based on the evidence that is available.

What Happens When an Individual Fails to Invoke Their Right to Remain Silent?

Criminal defense attorneys explain that when an individual fails to invoke their rights under the Fifth Amendment, including the right to remain silent, their statement(s) may be used against them in court. Individuals who wish to remain silent during court proceedings, trials, and while being interrogated by police may greatly benefit from hiring a skilled criminal defense lawyer who is experienced in handling jury trials, such as Mr. Nagra.

Limitations of the Fifth Amendment

All citizens of the United States of America, including public officials and government employees, have the right to remain silent and not incriminate themselves under the Fifth Amendment of the Constitution. However, the privilege to remain silent is often limited to testimony. Defendants may in some circumstances be compelled to provide hair samples, blood samples, or other bodily fluids. In certain limited situations, it is possible that they could be required to provide samples of their handwriting or, in some cases, disclose information about the combination of a safe or the location of a bank account. These matters may be considered to fall under the law of search and seizure rather than under the ambit of the laws that govern self-incrimination.

When To Contact Nagra Law Firm P.C.?

Mr. Nagra, an experienced criminal defense lawyer based in Sacramento, California, suggests that you seek experienced counsel from a skilled trial lawyer at all stages of your criminal case. Whether you just received a summons or warrant in the mail, or if your case is already barreling toward a jury trial, you will greatly benefit by consulting with a professional criminal defense lawyer who is committed to protecting your rights.

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How To Choose the Right Criminal Defense Attorney for You?

How To Choose the Right Criminal Defense Attorney for You?

Finding oneself in a situation where one faces criminal charges is very tough. One is not only under the fear of serving jail time but also has his or her reputation at risk. The complex trials, legal jargon, and everything else associated with the law may sound daunting even to the strongest-hearted people. Hiring an experienced criminal defense attorney is the best solution for such times. However, one may wonder how to hire the right criminal attorney in Sacramento. In this blog, Nagra Law Firm, which is one of the top criminal law firms in California, will take you through a detailed guide for choosing the best defense attorney for your case.

Know Your Charges

Before you begin your search for a criminal attorney in Sacramento, it’s essential to have a fair idea of the charges imposed against you. You may not fully understand the exact legal language or all the charges, but having some understanding will be tremendously helpful in finding an experienced lawyer for your case.

Find a Reputable Lawyer

Before you rush to hire the first criminal defense attorney that appears on your search feed, conduct detailed research on lawyers who have expertise in cases related to yours. Similar to medical professionals, lawyers have fields of expertise. Divorce lawyers specialize in filing divorce petitions, whereas drug lawyers specialize in representing clients facing drug charges. However, it isn’t necessary for one lawyer can only fight and represent clients in one type of case or matter. A lawyer may have expertise in dealing with various cases. Before you hire a lawyer, ensure that he or she has a reputation for successfully defending clients in cases similar to yours. You may also ask existing and past clients about their experiences with a certain lawyer.

Meet the Lawyer in Person

It can be tempting to hire a criminal defense attorney with just a click of a button on their website. However, before you decide to hire a lawyer to represent you in court, it’s better to meet them in person and discuss your entire case with them. Some of the leading lawyers in Sacramento, like Mr. Nagra, offer the first consultation for free. You can take advantage of this free consultation to get to know your lawyer. Through an in-person meeting, you may realize that a lawyer, irrespective of their experience or reputation, may not be the ideal choice for your particular case. In such situations, the lawyers themselves may suggest another lawyer who would be best suited for your case.

To get the most out of an in-person meeting with a criminal defense lawyer, ask them questions. Be polite and raise all your concerns, discussing them thoroughly with the lawyer. When you feel comfortable discussing things with a lawyer, it will naturally indicate that he or she is the right person for your case.

Ask for Referrals

Asking friends or family for a lawyer referral can sometimes feel uncomfortable. However, among your family or friends, there may be members who have faced a similar situation themselves or have helped a loved one navigate through a similar circumstance. Asking one of these family members for a referral can be very helpful to you.

You may inquire about their overall experience with a law firm or a lawyer who represented them. Ask about the line of defense they took and how successful the lawyer was in assisting them. If someone close to you had a positive experience with a particular law firm, then you can be confident that you will receive similar services and potentially have a positive outcome from your legal situation.

Avoid Using a Public Defender

To save costs, one may consider choosing a public defender over private criminal case lawyers. However, this decision can land you in a difficult situation. Public defenders are often burdened with numerous cases and may not be able to give your case the personal attention that a private criminal lawyer would provide.

Consider Hiring a Lawyer with a Local Practice

One of the best criminal attorneys you can hire for your case is a lawyer who practices locally within the jurisdiction of your case. A local attorney may have a significant amount of experience working with prosecutors, law enforcement, and judges in your case’s jurisdiction.

A lawyer working in the local region may understand how the different legal institutions operate and how to effectively deal with them. Such a lawyer may have a better success rate in defending you and convincing the judges in your favor compared to someone who lacks experience working locally. This local knowledge and expertise can be extremely valuable in mounting a strong defense against criminal charges.

Skillful Experience

In addition to local expertise, overall experience plays a crucial role in mounting a strong defense against criminal charges. Lawyers like Mr. Nagra from the Nagra Law Firm possess skillful experience in helping their clients preserve their rights and find effective solutions to combat criminal charges. An experienced lawyer can thoroughly analyze your charges with a deeper understanding and select the most appropriate defense strategy for your case.

Consider Fees the Right Way

A lawyer who charges exorbitantly may not necessarily be the best choice for defending you. Similarly, a lawyer who offers the cheapest rates may also not provide the quality representation you need. It’s important to hire a law firm or a criminal defense attorney whose fees are affordable to you and within your budget. Keep in mind that lawyers often base their fees on their experience levels and years of practice. Therefore, it’s essential to find a balance between affordability and quality of representation when selecting a lawyer for your case.

Hire a Lawyer Who is Easily Accessible to You

In criminal cases, time is of extreme importance, as lost time can equate to lost opportunities in legal proceedings. It’s crucial to hire a lawyer who is not only readily available for the initial consultation but also for subsequent meetings and appearances in court. When you schedule the first free consultation with Mr. Nagra from Nagra Law Firm in Sacramento, California, Mr. Nagra ensures that all your hearings are attended, and you have access to him whenever it is crucial and needed by you.

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Comparing State and Federal Felony Cases: Key Differences

Comparing State and Federal Felony Cases: Key Differences

When it comes to distinguishing between state and federal felony cases in the USA, it becomes very complex for any layman to understand. Some criminal cases are tried in state courts, while others are tried in federal courts. In rare cases, a single case may be jointly tried in both courts.

As a defendant facing federal criminal charges and being tried in a federal court, you may be wondering why this is so. In this blog, the Nagra Law Firm will take you through a detailed account of the key differences between state and federal felony cases.

Laws The Cases are Based On

The first fundamental difference between state cases and federal cases lies in the laws they are based on and the level of government involved.

State Felony Cases

Crimes that violate state laws are prosecuted by the state government. However, this doesn’t mean that a state violation isn’t also a federal violation. Many state crimes also qualify as federal crimes. Whereas, state laws vary from one state to another, what might be a crime in one state may not be a crime in another. A common example of this variation can be found in abortion laws: many states in the USA consider abortion a crime, while it is legal in others. Murder, robbery, burglary, and drug trafficking are some examples of state crimes that are almost the same across all states.

Federal Felony Cases

Crimes that violate federal laws are prosecuted by the federal government. Federal laws apply across the country, and there are no exceptions to federal laws across any of the states. Areas like terrorism, drug trafficking across state lines, crimes that involve crossing state borders, and crimes that are large in scale and pose a national security threat can be classified as federal cases. The involvement of the federal government is significant in federal cases, and such cases are investigated by the FBI, DEA, or ATF.

If you are facing criminal charges and are unsure whether the violations are state or federal, the best course of action is to approach a criminal attorney in Sacramento and discuss your case details with them.

Jurisdiction Over Crimes

The second and most fundamental difference between state and federal cases is the jurisdiction of the crimes. Jurisdiction, in simple terms, refers to the authority of a particular court to hear a case.

State Felony Cases

State courts usually have much broader jurisdiction over several crimes. Crimes such as murder, assault, theft, drunk driving, and drug possession are adjudicated by state courts. When a crime is committed within state borders and does not violate any federal laws, the case will be heard by a state court, and a criminal attorney can represent the defendant in such cases.

Federal Felony Cases

Federal courts have very limited jurisdiction. Crimes that violate federal laws are mainly tried by federal courts. Federal violations such as tax evasion or mail fraud, violations that occur on federal lands like a national park, violations that involve federal officials as defendants or victims, and violations across state lines, like interstate drug trafficking, are tried by federal courts. If state laws are challenged, such cases may also be heard in federal courts.

Establishment of State and Federal Courts

The third key difference between state and federal felony cases is the establishment of the courts in which they are tried;

State Felony Cases

States establish state courts within their jurisdiction, while cities and counties establish local courts. All these different establishments are commonly referred to as ‘state courts’. If you are facing state criminal charges, you may hire one of the best criminal defense lawyers in your state.

Federal Felony Cases

Federal courts are established by Article III of the Constitution of the USA to resolve disputes related to the Constitution and laws created by Congress. If you are facing federal criminal charges, you can hire a defense attorney lawyer who has passed the state bar exam and is admitted to practice in a specific federal court.

Prosecution of Crimes

State and federal prosecutors file charges in different situations. The situations can be broadly described, as we have discussed in the above sections.

State Felony Cases

In state cases, state prosecutors, such as district attorneys and state attorneys general, file charges for violations of state criminal laws, including crimes like assault, robbery, and drunk driving. If you are facing a state felony case, you can protect your rights and defend yourself before the state court by hiring an experienced criminal defense attorney like Mr. Nagra from the Nagra Law Firm.

Federal Felony Cases

Federal cases are prosecuted by federal prosecutors who work for the U.S. Department of Justice. As discussed above, federal prosecutors file charges for crimes such as tax evasion, interstate drug trafficking, and civil rights violations. Some criminal incidents may qualify for charges under both state and federal laws, and prosecutors have discretion over where charges are to be filed in such dual jurisdiction cases. An example of a dual jurisdiction case would be certain acts of physical violence that can be prosecuted by both state and federal courts.

Criminal Trial and Sentencing

The core process of a criminal trial is similar in both state and federal cases. Jury selection, opening statements, witness testimony, and closing arguments are processes that are mostly similar between the two; however, there may be a few minor variations between the courts. Your criminal defense lawyer can explain these differences in detail if you have any doubts regarding them.

The differences, however, are very apparent in sentencing styles between state and federal courts:

State Felony Cases

Judges have discretion in state cases and wider sentencing options. Sentences may range from probation to fines and long-term prison time. Incarceration for state crimes leads to serving time in a state prison.

Federal Felony Cases

Federal judges have fewer discretions and must stay within the limits of federal laws when sentencing. Federal crimes have mandatory minimum sentences set by federal law. Incarceration for federal crimes leads to serving time in a federal prison.

Understanding these key differences between state and federal criminal laws in the USA can help a defendant take the next step in their defense strategy. Consulting with an experienced criminal defense attorney is crucial in both state and federal criminal cases and may help defendants protect their rights.

Contact Mr. Nagra from the Nagra Law Firm today and get your First Consultation Free!

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Understanding Federal Criminal Investigations: A Guide for Defendants

Understanding Federal Criminal Investigations:
A Guide for Defendants

At Nagra Law Firm in Sacramento, we believe it is essential for every US citizen to understand the basic steps involved in federal investigations. Understanding the federal criminal investigation procedure not only helps one defend oneself when found in an unpleasant circumstance but also helps one stay vigilant and avoid making criminal mistakes due to ignorance.

This blog, by Nagra Law Firm, will mainly focus on understanding federal criminal investigation procedures in detail. We will cover the definition of federal law, along with the initial investigation and the trial.

What is Federal Investigation in the USA?

The United States of America is divided into states, each with its own local laws and investigation agencies. Generally, the laws are quite similar across all states in the country, with a few variations according to the specific requirements of each region. An inquiry or investigation conducted by federal agencies in any state to gather information about a potential incident or criminal activity can be called a federal investigation.

These investigations are not limited to any one type of activity or incident; they may include criminal activities, civil rights violations, financial crimes, national security concerns, public corruption, and more. Investigations are conducted by federal investigation agencies such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Internal Revenue Service (IRS), the Department of Homeland Security (DHS), and others, depending on the nature of the alleged offenses. If you find yourself under federal investigation, then you have the right to defend yourself by hiring a reputable criminal defense attorney.

Step 1

Investigation

Whenever federal authorities are informed about a criminal activity, either by a victim or by an eyewitness, the relevant federal agency investigates to determine if a crime was committed and, if so, who committed it.

However, two essential factors must be kept in mind. Firstly, not every crime is a federal crime. For example, murder and robbery are considered crimes in all 50 states of the USA. However, unless the case is very large or involves an official serving in a federal agency as a victim, the case is mostly investigated by the state investigation agencies.

Secondly, the nature of the committed offense determines which federal agency will undertake the investigation. Not every federal agency is responsible for investigating every federal offense committed within its jurisdiction. If one anticipates that a federal investigation may be initiated against them, then at Nagra Law Firm, we advise them to seek consultation from an experienced criminal attorney who has proven expertise in defending federal law cases as soon as they can.

Step 2

Arrest and Initial Appearance

Once the investigation begins and if the federal investigation authorities have a suspect, they can arrest the suspect. However, by law, it is mandated that the suspect be presented before a magistrate within the first 72 hours of the arrest. If a suspect is arrested and not presented before a magistrate within the prescribed time frame, then the suspect has the right to bail, and it may be considered an illegal arrest. A defendant may raise this issue before a magistrate through his or her criminal defense lawyer and may plead for bail.

However, in many cases, the investigation agencies approach the magistrate first and obtain an arrest warrant against one or multiple suspects. Once the arrest warrant is issued, the agencies may proceed to arrest the suspect. Here, too, it is essential that, as soon as the arrest occurs, the suspect be presented before a magistrate within 72 hours of arrest. Upon arrest, the suspect has the right to defense and the right to remain silent, irrespective of which agency arrests them.

Depending upon the severity of the crime, the suspect may be immediately granted bail upon being presented before the magistrate, and in some cases, the prosecutor may plead before the judges to have the accused held in custody for further investigation. By hiring an experienced lawyer like Mr. Nagra from Nagra Law Firm in Sacramento, one may strongly plead for bail in the event of an arrest for a federal crime.

Step 3

Arraignment

In this stage, a defendant is formally informed about the charges levied against them, and a copy of the charges is provided. At this stage, the defendant has two options: to plead guilty or not guilty. In either case, hiring a criminal attorney in Sacramento makes it easier for one to present all the facts before the magistrate. In many circumstances, the defendant, their federal defense attorney, and the prosecutor may agree upon a plea bargain. If the defendant chooses to enter into a plea bargain, then he or she may plead guilty as part of the bargaining procedure.

Step 4

The Trial

During the trial stage, the government and the defense both have the right to file evidence and prove or disprove the charges. A trial is often held before a jury, but in many circumstances, a trial may be held before a single judge, which is called a bench trial. The trial is held to determine, beyond a reasonable doubt, whether to prove the charges against a defendant. At this stage, the victim is also involved in the trial and may be called upon to testify or explain how they were harmed during the alleged criminal offense. For any defendant, it is very essential at this stage that they are represented by a defense attorney lawyer. A lawyer may cross-question the victim’s testimony, question the viability of the evidence brought forth by the federal investigation agency, and help the defendant get acquitted of the charges.

The trial itself involves multiple stages, such as presenting evidence before the jury or judge, cross-examinations, arguments, the final verdict, and so on. The length of any trial is never predetermined, but by working alongside criminal case lawyers and based on the merits of the evidence, a defendant may improve their chances of acquittal or receiving the lowest sentence possible.

Step 5

The Final Verdict or the Result

The final stage of any federal criminal investigation is the final verdict. When the defendant and the government both present their evidence, conduct cross-examinations, and make arguments before the jury or the judge, a verdict is finally presented to the public. The verdict may either result in the conviction of a defendant or in their acquittal.

If a defendant is convicted, they have to surrender if they are already not in custody and have the opportunity to appeal before higher courts and plead for a reduction of the sentence or for the sentence to be set aside completely. In the case of an acquittal, the defendant is released from all charges levied against them related to the case.

When Should You Approach Nagra Law Firm if Facing a Federal Investigation?

It’s never too early to approach your lawyer. Whenever you anticipate a federal investigation, it is best to seek a consultation with Mr. Nagra from the Nagra Law Firm. As the sooner you approach a federal criminal lawyer in Sacramento, the quicker the lawyer can formulate a strong defense strategy that may work in your favor and help you protect your rights.

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