If you have been charged with a federal crime, you need an experienced attorney familiar with the federal court in Utah. Attorney Darwin Overson has represented criminal defendants for over twenty years, providing high-quality representation in defending the rights of the accused in Utah’s federal courts.
Federal criminal practice is different from state practice. There are different rules of evidence and criminal procedure in federal courts. There are also different policies regarding federal investigations. If you are facing federal criminal charges, you may have been the subject of a criminal investigation. Your rights are best protected by an attorney who understands the tactics of federal investigators and the criminal justice system, backward and forward. There are frequent violations of a criminal defendant’s rights throughout federal investigations. When this happens, you need an attorney who will not stand for abusive and illegal investigative practices.
With extensive experience representing federal criminal defendants, our federal defense attorneys in Salt Lake City, Utah have the skills and knowledge to help you fight federal charges. Call Overson Law, PLLC at (814) 867-3115 today to schedule a free and confidential case evaluation.
Knowing You Have a Federal Case and Not a State Case in Salt Lake City, Utah
Knowing you have a federal case is sometimes difficult. Most criminal cases are prosecuted at the state level, and federal charges are assessed only under specific circumstances. Many crimes are prosecuted federally because the alleged crime occurred across multiple states, and no single state has full jurisdiction. In other cases, defendants are federally charged because their alleged crime falls under a category of offenses reserved for the federal level.
If your alleged offense crossed state lines, you might be facing federal criminal charges. Many crimes that the state would ordinarily prosecute are federally charged because the defendant crossed states lines while committing the offense. When jurisdictional lines become blurred, the case might end up in federal court.
One example of criminal charges brought in federal court because of jurisdictional issues is a drug offense over state boundaries. Perhaps you are charged with transporting illegal controlled substances from one state to another. Because the offense occurred over state lines, it becomes a federal case. Similarly, a person who kidnaps someone in one state and transports them to another may be federally charged.
In other cases, a criminal charge becomes a federal case because the alleged offense is part of a category of offenses exclusively prosecuted at the federal level. Crimes like mail and tax fraud are always federal offenses, even if they are committed entirely within one state. Our federal defense attorneys in Salt Lake City, Utah have experience with various federal crimes and can help you fight your charges.
Where Do Federal Trials Happen in Salt Lake City, Utah?
Federal charges are not filed in ordinary state courts. Federal and state laws are often similar but not the same, and federal cases are tried in separate courthouses. These courthouses are known as Federal District Courts, and they only hear federal issues. While some states have several Federal District Courts designated to different regions of a state, Utah has only one, and it is here in Salt Lake City.
The Federal District Court in Salt Lake City is located at the following address:
Orrin G. Hatch United States Courthouse
351 South West Temple
Salt Lake City, Utah 84101
In some states, there are multiple Federal District Courts that cover certain geographic locations of the state. In Utah, there is only one court, and it is located in Salt Lake City. All federal cases in Utah are tried at this courthouse.
Federal and state prosecutors do not always get everything right, and sometimes your federal case should actually be a state case. Our Salt Lake City federal defense attorneys can help you file a motion regarding improper jurisdiction and prove that your case should be tried in state court. In some cases, this is very beneficial to defendants because the state might impose lesser penalties for certain offenses than federal law.
Federal Criminal Defense Areas We Handle
Facing criminal prosecution in a federal court is a frightening experience. Quality legal representation makes a significant difference in the outcome of a criminal case. Sometimes, the outcome of your case depends on your lawyer’s skills in effective plea bargaining and their ability to negotiate a reduction or dismissal of some or all charges.
High-quality federal criminal defense representation includes fighting for the rights of criminal defendants and preserving these rights for an appeal. The work of our skilled Salt Lake City criminal defense attorneys is multifaceted in that the criminal defense involves the application of constitutional law, criminal law, and practical legal skills gained through experience.
Fighting Improper Federal Investigations
You want a criminal defense attorney who will not stand for improper investigatory practices. Investigators frequently lack the evidence needed to establish all the elements of a crime. Criminal defendants can get into complicated situations with the intimidation tactics federal investigators frequently employ, including making inaccurate or falsely incriminating statements. A skilled federal criminal defense attorney can review and exclude this type of evidence against you. There are times when problems with the investigation arise at a point early on where challenging and seeking dismissal of the charges is possible.
If you have been the subject of a federal investigation, you should talk to an attorney who can guide you through this potentially complicated situation. Depending on the circumstances behind your investigation, an attorney can help you understand the implications of being the subject of a federal investigation.
Fighting Faulty and Poor Investigations
There are instances when the federal inquiry shows bias or other problems. It becomes apparent that a more thorough investigation of the facts is necessary to challenge the evidence against you. Many criminal defendants lack the resources to conduct such investigations. With our twenty years of criminal defense experience, our Salt Lake City federal defense lawyers have the resources to conduct investigations and expose the mistakes made by federal investigators.
Filing Timely Motions and Court Documents
The Federal Rules of Criminal Procedure require filing certain motions at specific stages in the proceedings. Failure to meet deadlines can affect the outcome of your case. When attorneys miss these deadlines, this can compromise your case at many levels. Attorney Darwin Overson is known for his proactive approach to criminal defense representation and thoroughly pressing the issues that must be promptly raised to question the government’s case.
High-Quality Representation at Trial
You should have an attorney who is strategic and thoughtful in his representation. With his substantial trial experience, Darwin Overson knows the importance of timely and proper objections. Criminal trials, especially those at the federal level, are made up of numerous complex rules and procedures. Even a slight deviation from these rules may lead to disaster.
Our Salt Lake City, Utah federal defense attorneys can help you challenge the evidence and arguments against you in court. This requires preparing a thorough and effective defense strategy and preparing our own witnesses and evidence.
Your lawyer will also be able to spot cracks in the prosecutor’s case as it unfolds in court. Our legal team knows how to raise timely objections when they recognize misconduct, improper evidence, or a hole in the prosecutor’s case. Timely objections are crucial to your case because if the judge does not rule in our favor, the objection preserves the issue for your appeal.
Focusing on Protecting and Preserving Your Rights
Criminal legal representation often requires a focus on the most relevant issues about your case. The court will typically assemble a jury to decide the case in a criminal trial. Your attorney should be able to preserve your rights during jury selection, jury instructions, and other significant issues that can impact your rights.
Jury selection is a delicate process where the prosecutor and your defense attorney select jurors. If the prosecutor is excluding potential jurors for unlawful reasons, our Salt Lake City, Utah federal defense attorneys can stop them.
Preserving your rights also requires us to heavily scrutinize all evidence presented by prosecutors. If law enforcement officials seized evidence without a warrant or a valid exception to the warrant requirement, the evidence might be tainted. Tainted evidence cannot be legally used in court. Our Salt Lake City, Utah federal defense attorneys can file motions to suppress this evidence., thus protecting your rights against unlawful searches and seizures.
Common Types of Criminal Cases
Our federal defense attorneys in Salt Lake City, Utah have experience in a wide range of criminal areas, and we can represent you on the following cases and more:
- White Collar Crimes
- Mail and Wire Fraud
- Tax Fraud
- Federal Fraud
- Drug Crimes
- Health Care Fraud
- Mortgage Fraud
- Internet Crimes
- Grand Jury Investigations
Defendants are sometimes confused about why their charges are at the federal level, not the state level. For example, many drug crimes are prosecuted at the state level, so why are some drug crimes federal cases? There might be numerous reasons why your case is being prosecuted at the federal level, and you need a skilled lawyer by your side to protect your rights.
Negotiating Bail and Release Terms
If you are arrested for a federal charge, don’t lose hope because your bail is too high or because the charges are too frightening. If this happens, you need an attorney who can negotiate your release with the judge until a trial is held.
Defendants have a pretrial detention hearing at the federal level, similar to a bail hearing at the state level. At your pretrial detention hearing, a judge will determine if you should be released before your trial begins and, if so, what kind of conditions or restrictions should be imposed. You can advocate for the least restrictive bail possible at this hearing, and our Salt Lake City, Utah federal defense attorneys can help you.
Some of the more significant determining factors at your pretrial detention hearing are whether you are perceived as a flight risk and whether your release would pose a threat to the community. Our attorneys can help you argue that you are not a flight risk nor a threat to others. In addition to cash bail, there may be other restrictions and conditions, like ankle monitoring bracelets or orders from the courts prohibiting you from leaving the state.
Call a Federal Criminal Defense Attorney You Can Rely On
Attorney Darwin Overson has the ability, resources, and experience to handle complicated federal criminal cases. He is a skilled criminal defense advocate and will negotiate favorable terms on your behalf through every juncture of your case. To schedule a free and confidential case review, call Overson Law, PLLC today at (814) 867-3115.