Life After Indictment: What Federal Defendants in Shreveport Should Expect

For the U.S. Department of Justice (DOJ), securing an indictment is a key step in pursuing a conviction. An indictment signals that the DOJ has probable cause to move forward with the charges prosecutors have brought, and it is the first of many formal steps that will eventually lead to trial. As a result, if you have been indicted in Louisiana, it is imperative to have an experienced Shreveport federal criminal defense lawyer on your side.

What to Expect After a Federal Indictment in Louisiana

Once you hire an experienced Shreveport federal criminal defense lawyer to represent you, your lawyer will be able to walk you through what you can expect as your case progresses. When you are facing federal criminal charges, you need to be thoroughly prepared for each step in the process. Defendants who are not prepared risk making costly mistakes, which can lead to severe consequences that could—and should—have been avoided.

While it is critical that you speak with an experienced defense lawyer about the specific details of your case, here are 10 aspects of federal criminal cases for which defendants are often unprepared:

1. The DOJ May Have Voluminous Evidence Against You

Federal criminal prosecutions and state criminal prosecutions vary in several important ways. In many cases, one of the most tangible differences is the volume of evidence the DOJ is prepared to present. Federal cases often involve voluminous records and other forms of documentation, and, as a defendant, understanding the full scope of the DOJ’s case against you is often one of the first steps toward building a strategic defense.

2. You Are Entitled to Review the DOJ’s Evidence Against You, But You Have to Request It

As a federal defendant, you are entitled to review the DOJ’s evidence. This includes not only the DOJ’s evidence against you, but also any exculpatory evidence that federal agents have gathered during the government’s investigation. While prosecutors should disclose any exculpatory evidence voluntarily, it will be up to you to ensure that you request access to all of the evidence you are entitled to review during the pre-trial process.

3. It Is Up to You to Protect Your Constitutional Rights

From ensuring that prosecutors disclose any exculpatory evidence to exposing violations of your Fourth Amendment rights during the government’s investigation, it is up to you to protect your constitutional rights. Generally speaking, this involves filing a motion in court. If you don’t assert your constitutional rights effectively, you could find yourself facing the consequences of an unjust conviction.

4. An Effective Pre-Trial Defense Strategy is Critical

While some defendants (and defense lawyers) immediately shift their focus to preparing for trial after an indictment, an effective pre-trial strategy is critical. Why? The vast majority of federal criminal cases are resolved before trial.

Depending on the circumstances of your case, executing an effective pre-trial strategy could involve targeting a plea bargain, or it could involve seeking to challenge key aspects of the government’s case so that you have less to deal with at trial. It could also involve seeking to have the government’s case dismissed entirely.

5. The DOJ Will Most Likely Be Open to Plea Bargaining

About 90 percent of all federal criminal cases end with guilty pleas—and many of these pleas are entered through the plea bargaining process. While there are no guarantees, if seeking a plea bargain is your best option under the circumstances, there is a reasonable chance the DOJ will be open to plea negotiations as well.

6. You Shouldn’t Expect a Lenient Plea Bargain

With that said, while the DOJ may be willing to engage in plea bargain negotiations, this does not mean that you should expect leniency from the prosecutors assigned to your case. To secure a favorable plea bargain, you will need to be able to convince these prosecutors that a plea bargain would result in a better, more certain, or more efficient result for the government than if they took your case to trial.

7. You Shouldn’t Expect Leniency in Court

Just as you shouldn’t expect leniency from the prosecutors assigned to your case, you also shouldn’t expect leniency from the court. In federal criminal cases, the judge’s job is to apply the law to the evidence and arguments presented and to apply the United States Sentencing Guidelines. If the DOJ does what is necessary to meet its burden of proof and you do not do what is necessary to assert an effective defense, the judge may apply the Guidelines and impose a sentence that is harsher than it would have imposed if your attorney had challenged the facts and law offered by the DOJ.  

8. There Are Numerous Aspects to Defending Against Federal Criminal Charges

From asserting your constitutional rights to exposing shortcomings in the government’s case, there are numerous aspects to defending against federal criminal charges. Executing a strategic defense requires a sound, comprehensive approach, which in turn requires experienced legal representation.  

9. There Are Numerous Costly Mistakes You Need to Avoid

As we said above, making mistakes during a federal criminal case can lead to consequences that could—and should—have been avoided. There are numerous costly mistakes you need to avoid, and here too, relying on the advice of an experienced Shreveport federal criminal defense lawyer is one of the best things you can do to protect yourself.

10. It Is Up to Federal Defendants to Preserve Their Right to Appeal

Finally, if taking your case to trial is your best option, it will be up to you to preserve your right to appeal. There are specific steps you need to take in order to ensure that you will be able to raise any issues on appeal if necessary. If you don’t preserve issues for appeal, this could also leave you unable to avoid unnecessary consequences if you aren’t able to secure a favorable verdict at trial.

Schedule a Confidential Consultation with Shreveport Federal Criminal Defense Lawyer Lee Harville

If you need more information on what to do (and what not to do) after a federal indictment, we encourage you to contact us promptly. Call 318-222-1700 or contact us online to schedule a confidential consultation with Shreveport federal criminal defense lawyer Lee Harville.