Federal Criminal Defense - District of New Jersey

A request to provide information to law investigators is not an order compelling you to give information. If you are approached, it is best to request an opportunity to speak with your counsel – which must be honored. 

OUR 25 YEARS OF EXPERIENCE

In the late 1980's, we undertook the defense of white collar criminal cases in federal court, including charges of mail fraud, financial institution fraud, conspiracy, false statements, and bid-rigging. In addition to representing targets of investigations, another important aspect of our white collar criminal defense experience is the representation of witnesses who are subpoenaed to produce documents and to testify before a federal grand jury. If improperly handled, the results of a grand jury investigation can be devastating to witnesses.

In the 1990s our firm successfully represented the fourth largest environmental testing laboratory in the United States in a massive procurement fraud case involving the testing of soil and ground water at an Air Force base in California. We have continued to represent individuals and businesses in cases involving government program fraud and procurement fraud.

When you or your company are charged with a crime, the government may seek to take away your right to do business - whether by seeking to revoke your license to practice in your chosen field, or by seeking to bar your company from government contract work. We are experienced in the area of professional licensing proceedings and suspension and debarment, and can help you and your company stay in business.

STRATEGY

Our attorneys believe that the presumption of innocence is much more than an expression. It is the hallmark of the American criminal justice system and should be respected. Applying our experience, we intend to make that presumption work for you. What can you do to protect yourself or your company, and minimize the consequences of government action? How can you avoid or greatly reduce a potential jail term? We can answer these questions.

Initially, our goal is to prevent the filing of criminal charges against you, and to provide a vigorous defense if and when you are charged. Because we are a smaller firm, we can provide you with the personalized service that you deserve, at the time in the proceedings where concentrated action might prevent charges from being filed. Our attorneys know the system well, and we endeavor to put your case in the best possible light, at the earliest appropriate time.

WHEN YOU ARE UNDER INVESTIGATION

Very often, you will learn that you are the target of an on-going federal criminal investigation by direct contact from federal law enforcement agents, or from contacts by co-workers, or associates who have already been interviewed by investigators.

At this point, it is imperative to engage counsel to contact the investigating agents or the Assistant United States Attorney handling the case. The early stage of a defense attorney’s involvement in a case is primarily focused on gathering as much information about the investigation as possible. You cannot make sound strategic decisions based on little information. The early stages will involve an analysis of whether there is sufficient evidence to charge you with a crime. Your attorney should conduct a prompt investigation of the facts of the case and explore all avenues leading to facts relevant to the merits of the case. Your attorney should also explore all available defenses to the charge.

 IF YOU ARE CHARGED

If you are charged with a federal criminal offense, we will pursue all avenues of defense, including motion practice, and trial, in the event that we, along with you, determine that litigating the merits of the charge will likely result in the best outcome for you.

We will be with you every step of the way, from your bail interview with Pre-Trial Services, your initial appearance and release, to your arraignment, motion hearings, and trial. If we, as a team, agree that you should cooperate with the authorities for a favorable charge and sentence, we will be with you at each proffer session, to assure that your cooperation is fully documented, and so that nothing you say in a proffer session will later be construed as untruthful.

FEDERAL CRIMINAL SENTENCING

The sentencing phase of a criminal proceeding is one of the most overlooked aspects of a client's case. Failure to properly handle a client's sentencing may have dire consequences. A lawyer's diligence and creativity can often change the outcome of a sentence, making the difference between custodial and non-custodial sentences, or in the worst case scenario, the difference between long and short terms of incarceration.

Sentencing in Federal Court, and the Sentencing Guidelines that influence it, represent a significant challenge to a criminal defense attorney in obtaining a successful result for the client. Although, as a result of recent United States Supreme Court decisions, including United States v. Booker, Gall v. U.S., and Kimbrough v. U.S., the Federal Sentencing Guidelines are advisory and no longer mandatory, their importance, and influence on plea offers and sentences, cannot be underestimated. Mastering the intricacy of the Sentencing Guidelines, and the complicated formula by which the guidelines are applied, is essential to assure that a client obtains the best-possible result in the unfortunate event that sentencing is required.

We make a point of continual study of the Guidelines, and its amendments. We seek every possible downward adjustment and downward departure. "Relevant conduct" under the Guidelines can cause a base offense level to increase from a non-custodial sentence to one carrying an extensive term of incarceration. Accordingly, constant review of the relevant conduct provisions of the Guidelines is critical for proper client representation. We are committed to providing the most effective advice, counsel, and representation to each client subject to the Sentencing Guidelines. This includes effective plea negotiation with the United States Attorney's Office, and skillful interaction with the probation department in the preparation of the Pre-sentence Investigation Report.

However, our work in sentencing does not end with Sentencing Guidelines advocacy. Now that the Guidelines are decidedly advisory, sentencing is now open to creative advocacy in the area of mitigating factors under Booker. We utilize the evaluations and reports of very experienced physicians, psychologists, and forensic accountants to demonstrate to the sentencing judge why certain mitigating factors should be given substantial weight and/or why the loss calculations offered by the Government are higher than the actual loss.       

Having an experienced, aggressive lawyer is particularly important in a federal criminal case, where your liberty is at stake. Each federal criminal case in New Jersey requires a unique approach that fits your particular needs. We methodically investigate, research, and prepare each case, then apply the instinct and sense of timing that comes only with our 25 years experience. We are result-oriented, and fight to win.

Call on Schwartz & Posnock regarding your Federal criminal defense matter in New Jersey.

Our Free Confidential Consultation

 

"Your Freedom Is Our Business"

Contact Schwartz & Posnock:

Phone 732-695-1902
Fax 732-695-1802
info@schwartzposnock.com

 

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