Erie, Pennsylvania Federal Criminal Defense Attorney

Erie is home to its own federal courthouse within the Western District of Pennsylvania where the United States Department of Justice, through the FBI, DEA, Border Patrol, US Coast Guard, ATF, and every other governmental agency with law enforcement authority can bring charges against an individual or entity. 

The penalties against individuals facing criminal charges can be significant and calculating the Criminal History Category as well as the Criminal Offense points can be difficult. The Constitutional law is applied differently as well, and so it is important to hire an attorney that is familiar with the process, the law, and how each situation will be handled by the Courts.

Here at MP2 Placidi & Parini, we will fight for you, in federal court!

How Does A Federal Criminal Case Move?

How A Case Gets Started: Indicting Grand Jury

There is usually an indictment brought against individuals. An indictment is a document that reflects the charges that an indicting grand jury found to be appropriate based on the evidence presented by the United States Attorney. This evidence is limited and grand jury proceedings are held privately, because sometimes it takes multiple sessions for a grand jury to hear all of the evidence.

Arrest Warrant Issued

There will be an arrest warrant issued. In some instances, a voluntary surrender can occur where you will be brought before the judge to make a determination on your release.

Initial Appearance

This is the first time an individual appears before the Court. During this hearing, no evidence is presented or heard. It is purely to advise the individual of how the case moves forward, the rights an individual has, and of the charges against him or her. 

Detention Hearing/Formal Arraignment

Usually a Detention Hearing and Formal Arraignment are held at the same time. 

Formal Arraignment is when the judge will again advise of the charges against an individual, and this is the first time a plea will be entered related to the charges, and the Court will advise the Government of discovery obligations as well as take the parties’ projected amount of time for a trial, if one is required.

A Detention hearing follows in consideration of whether there are conditions or a combination of conditions that permits the release of an individual. The Government bears the burden of proof, however, in some cases there is a presumption that there are no such conditions of bail or combination of conditions, and it is the Defense’s burden to overcome that presumption. At a Detention Hearing, there is not direct evidence provided nor are the Rules of Evidence applicable. Instead, parties can do what’s called “proffer” evidence, and if cross examination is required, testimony would be taken at that time. 

Before a detention hearing, Pre-trial Services will conduct a review of a Home Plan and the intended residence for an individual to return to while on Pre-trial release. This review will take place between the Initial Appearance and the Detention Hearing. The review includes any prior criminal history, an inspection of the physical property, review of any individuals residing at that residence, and confirmation of any work or other information provided.

Extension of Time to File Pre-Trial Motions

In federal court, the Time to File Pre-trial Motions is what moves a trial date back. It is a way for a defense attorney to move the case without continuing a trial that has already been scheduled.

Pre-Trial Motion

Sometimes a Pre-trial Motion is warranted. In a limited number of cases, there can be issues raised that receives what is called a Franks Hearing. In some instances, the Court may decide the issue on briefs and pleadings alone. It depends on the issues raised. It is important to note that there can be an issue raised and presented to the Court that is ultimately decided as being a violation of the law but not warranting relief. It requires a diligent attorney to distinguish between the issues where relief may or may not be granted even if raised. 

Change of Plea

This is the hearing that is scheduled for a Plea of guilty or no contest to be entered. In this moment, the Court reviews the voluntariness of the plea as well as the precise conditions of the plea to be entered. A lot of times there will be limits on what issues can be raised after sentencing on appeal due to the entry of a guilty plea.

Pre-Sentencing Investigation

This document is significant in the process of advocacy. While at the state level, the Pre-sentence investigation typically is a full account of prior record, drug and alcohol use, and mental health conditions, the review of the Pre-Sentence Investigation Report for a federal case includes a great deal of biological information and background information about one’s life, the offense, criminal history, mental health/ drug and alcohol use and treatment, and the view as a whole of the individual proceeding to sentencing.

This report will include Pre-trial Services’ recommendation for a sentence in the case that will not account for the Sentencing Memorandum. In some instances, if the Sentencing Code affords departures or variances of a sentence, this is where objections to particular calculations are to be included.

Sentencing

There will be a memorandum filed ahead of time that outlines the issues, background of the individual, and the character of the individual. There are components of the Sentencing Code that can be incorporated to highlight the request for a variance premised upon the Sentencing Code but in a moment where the specific statutory language does not fit. At sentencing is the time where everything comes together to present to the Judge a clear reflection of who the person is before the Court and if there are moments where further reduction in sentence is appropriate.