Robinson & Brandt

Criminal Trials and Sentencing

If you are facing federal criminal charges, prepare for the fight of your life. The federal justice system is like a giant meat grinder churning out convictions at an alarming rate. For any defendant facing a criminal prosecution, the odds are stacked against you. The United States of America puts more people behind bars than any other country on the planet, and the prosecutors who work for the government are champions at obtaining convictions and seeking incredibly high prison sentences. For example, according to a Pew Research Center, in fiscal year 2022, only 290 of 71,954 defendants in federal criminal cases went to trial and were acquitted. That’s less than 1%!

Under these circumstances, it is incredibly important that a defendant obtain counsel with the experience, perspective, and backbone to effectively fight against the vast powers and resources of the federal government. Defendants facing serious criminal charges should not hire an attorney because the attorney “tells them what they want to hear.” Instead, defendants should seek attorneys with the experience to recognize what the government will argue before it is argued and objective enough to provide the advice a defendant needs.

Each case is different, and the strategy for each case must also be different. Generally, it can be important for the client not to talk to investigators and agents if the client will later go to trial. In some cases, an early decision on whether to plead guilty or go to trial can make a significant difference in whether the client is convicted and how long of a sentence the judge later imposes. That is why it is critical to have an attorney that you trust. Before attempting to represent yourself, or proceeding with an attorney that does not have your full confidence, please retain an attorney or law firm you trust. For more about the importance of the attorney-client relationship, please see our publication titled “Confidence and Trust.”

We have the experience not only to defend you at trial or negotiate the best possible plea deal but to include you and educate you on the options so that you have an active role in your case. You should know about the potential punishment for the offenses and how the Sentencing Guidelines may apply to your case before deciding to plead guilty or go to trial. You should know what types of pretrial motions can be filed, including motions to suppress evidence, before giving up the right to file those motions. You should understand what rights are preserved by going to trial and what rights may be waived if you plead guilty. And you should understand the stages of trial and how our firm can approach those stages. These stages usually include jury selection (also called voir dire), opening statement, cross-examination of law enforcement officers, cross-examination of other witnesses (sometimes cooperating informants), presentation of a defense, and closing argument.

If you plead guilty, or if you are found guilty, you must then turn to fight for the lowest possible sentence. In the federal criminal justice system, it is extremely important to have an attorney with an intimate knowledge of the U.S. Sentencing Guidelines. It is important that meritorious arguments are raised at sentencing to give you the lowest possible sentence. And even if those arguments are denied, you may appeal any erroneous findings of the sentencing court.

If you or someone you know needs counsel, we hope that you are able to retain ROBINSON & BRANDT, PSC. But even if you decide not to retain us, we hope that you make the smart decision to retain an attorney with the experience, skill, and dedication to defend your rights and obtain the relief that you deserve.