Facing federal criminal charges can be nerve-wracking, and beating a federal indictment may seem impossible. But with a thorough investigation, a sound defense strategy, and the right defense attorney, you might be able to have the federal charges dropped before trial or even shortly after indictment, depending on the facts of your case. Understanding how and why federal charges are dropped is crucial to building a strong legal defense.
Hope Lefeber has over 30 years of experience representing clients in federal court. She began her career as an Enforcement Attorney with the Securities and Exchange Commission (SEC), where she learned first-hand how the government prepares and prosecutes federal white-collar criminal cases. Today, she uses that experience to represent people charged with crimes in federal court. With a proven record of success, she will work to have your federal charges dismissed.
Being notified that you were indicted for a federal crime is a serious matter. But remember, you are innocent until proven guilty, and the prosecution bears the burden of proving guilt beyond a reasonable doubt.
A federal indictment is often the result of a lengthy investigative process. Federal agents and attorneys work together to gather evidence, determine whether a crime was committed, and identify who they believe is responsible. When the government believes it has enough evidence to move forward, the US Attorney’s Office will present the case to a grand jury and request an indictment.
Federal grand jury proceedings are usually private and the defendant is rarely present. The US Attorney presents evidence to the grand jury, which is composed of 16 to 23 citizens who evaluate the government's case and decide whether there is enough evidence to move forward. In most cases, if at least 12 grand jurors believe there is enough evidence to bring the case to trial, the grand jury will issue an indictment.
Under federal law, the trial must begin within 70 days of the indictment being filed. The government has a duty to share the evidence they intend to use at trial with the defendant and their lawyer. At this point, the defense lawyer will review the case and share their opinion with the defendant.
Once the indictment has been issued, it is rare, but not impossible, for federal charges to be dropped. Getting federal charges dropped requires a skilled and experienced defense attorney who knows federal criminal law and how to secure an optimal resolution.
Federal charges are most commonly dropped because of insufficient evidence. Without the necessary evidence, reasonable doubt creeps in and a Not Guilty verdict at trial becomes increasingly likely.
An experienced defense attorney will carefully investigate each charge against you and work to challenge the admissibility and reliability of the government’s evidence. In some cases, the federal government must drop the charges because crucial evidence was obtained illegally. A skilled defense lawyer can bring these issues to light by filing a well-crafted Motion to Suppress Evidence.
Federal prosecutors must follow the Federal Rules of Procedure to ensure the trial is fair. If prosecutors break these rules, it may be grounds to have the federal charges dropped. Examples of prosecutorial misconduct include withholding evidence, bribing or threatening witnesses, and making false or inflammatory statements.
When a federal court case is dropped, that means the US Attorney’s Office has decided not to pursue it. This could be due to a lack of evidence, insufficient resources, or some other reason. When the US Attorney’s Office drops federal charges, the charges can be refiled later if new evidence surfaces.
Only a judge can dismiss a federal court case. A judge could choose to dismiss a federal indictment if they determine there is insufficient evidence or if the US Attorney committed prosecutorial misconduct. When a federal judge dismisses an indictment, the decision is final and the charges cannot be refiled.
Not every attorney is equipped to handle the defense against federal criminal charges, and choosing the right federal criminal defense attorney is critical to your success. Once you have been notified of the indictment, you must act quickly to secure experienced legal representation.
Hope Lefeber is a relentless and tireless advocate who zealously defends her clients against federal criminal charges. She frequently works with a team of forensic experts to analyze and deconstruct federal criminal cases and secure optimal outcomes for her clients.
When you need top-tier legal representation in federal court, Hope Lefeber should be your first call. Contact the Law Offices of Hope Lefeber today.
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