How Can I Defend Against Federal Charges During a Pandemic?

The COVID-19 pandemic has created unprecedented challenges for the criminal justice system, including for those facing federal charges. At Spodek Law Group, we understand how stressful and overwhelming it can be to deal with federal charges at any time, let alone during a global health crisis. But don't panic - with the right legal strategy and representation, you can still mount a strong defense even in these unusual circumstances.In this comprehensive guide, we'll walk you through everything you need to know about defending against federal charges during the pandemic. We'll cover how COVID-19 has impacted federal investigations and court proceedings, key defense strategies to consider, and how to protect your rights every step of the way.

How Has the Pandemic Affected Federal Criminal Cases?

The coronavirus outbreak has significantly disrupted normal operations of the federal criminal justice system. Here are some of the key ways the pandemic has impacted federal cases:

Delays in Investigations and Prosecutions

Many federal agencies have had to scale back in-person operations, leading to delays in investigations. The FBI and other agencies have focused primarily on high-priority cases related to violent crime, national security, and pandemic-related fraud. This means some lower-priority investigations may be on hold.Prosecutors' offices have also faced challenges, with many attorneys working remotely. This has slowed down the process of reviewing evidence and deciding whether to bring charges in some cases.

Limited Grand Jury Proceedings

Grand juries play a crucial role in federal prosecutions, as felony charges generally require a grand jury indictment. However, many districts suspended grand jury proceedings for months in 2020 due to COVID-19 concerns. While most have now resumed, grand juries are meeting less frequently in many areas.This has created a backlog of cases waiting for indictment. In some instances, prosecutors have used criminal complaints as an alternative to quickly charge defendants, with the grand jury indictment to follow later.

Court Closures and Virtual Proceedings

Federal courthouses across the country closed or severely limited operations, especially in the early months of the pandemic. Many courts are still not fully open for in-person proceedings.As a result, initial appearances, arraignments, and other routine hearings are often being conducted via video or teleconference. Some districts have even held virtual jury selection and trials, though this remains controversial.

Expanded Use of Release

To reduce jail populations and limit virus spread, many courts have expanded the use of pretrial release. Judges are more inclined to grant release on bond or home confinement, especially for non-violent offenses.

Sentencing Delays

Many in-person sentencing hearings have been postponed. Some judges are proceeding with virtual sentencing in certain cases, while others are delaying until in-person hearings can safely resume.

Prison Conditions

Federal prisons have struggled with COVID-19 outbreaks. This has impacted sentencing decisions in some cases, with judges considering pandemic risks in custody.

Key Defense Strategies During the Pandemic

While the pandemic has created new challenges, it has also opened up some unique defense opportunities. Here are some key strategies we may employ when defending federal charges during this time:

Challenge Investigative Delays

Has your case been pending for an unusually long time without charges being filed? We may be able to argue that pandemic-related delays have violated your constitutional right to a speedy trial. This could potentially lead to dismissal of charges.

Seek Pretrial Release

Given the health risks of jail during COVID-19, we have a strong argument for pretrial release in many cases. We'll push aggressively for release on bond or home confinement whenever possible.

Request Virtual Proceedings

In-person court appearances increase potential COVID-19 exposure. We may seek to have routine hearings conducted virtually to protect your health and safety.

Challenge Virtual Trials

While we may prefer virtual hearings for some matters, we'll strongly object to virtual jury selection or trials in most cases. These raise serious constitutional concerns and may violate your right to confront witnesses against you.

Negotiate Favorable Plea Deals

Prosecutors are under pressure to resolve cases and reduce court backlogs. This may make them more open to favorable plea agreements. We'll leverage this to negotiate the best possible deal in your case.

Argue for Reduced Sentences

The pandemic has made incarceration even more dangerous and punitive than normal. We'll emphasize these risks to argue for reduced sentences, home confinement, or other alternatives to prison time.

Pursue Compassionate Release

For clients already serving federal sentences, we may seek compassionate release based on heightened COVID-19 risks in prison. This is especially viable for older inmates or those with underlying health conditions.

Protecting Your Rights During a Pandemic

It's crucial to be proactive in protecting your rights at every stage of a federal case, especially during these unusual times. Here are some key steps we recommend:

Invoke Your Right to Remain Silent

If approached by federal agents, politely but firmly invoke your right to remain silent and your right to an attorney. Do not speak to investigators without your lawyer present, even if they claim it will "help your case."

Secure Legal Representation Immediately

Contact an experienced federal defense attorney as soon as you suspect you may be under investigation. Early intervention is critical, especially given pandemic-related delays and disruptions.

Preserve Evidence

With many people working remotely, it's easy for potentially relevant evidence to be lost or destroyed. Take steps to preserve any documents, emails, or other records that could be relevant to your case.

Be Cautious with Electronic Communications

Assume that all of your electronic communications could potentially be monitored or subpoenaed. Be extremely careful about what you say via email, text, or social media regarding your case.

Comply with Release Conditions

If you're granted pretrial release, it's crucial to strictly comply with all conditions. Any violations could land you back in custody, where COVID-19 risks are higher.

Prioritize Your Health

Take all recommended precautions to protect yourself from COVID-19. If you have any symptoms or potential exposure, inform your attorney immediately so appropriate steps can be taken.

Why Choose Spodek Law Group for Your Federal Defense

When you're facing federal charges, especially during a pandemic, you need a law firm with the experience, resources, and dedication to achieve the best possible outcome. Here's why Spodek Law Group should be your choice:

Extensive Federal Court Experience

Our attorneys have decades of combined experience defending clients against all types of federal charges. We know the federal court system inside and out and have established relationships with prosecutors and judges across the country.

Proven Track Record of Success

We've successfully defended countless clients against serious federal charges, securing dismissals, acquittals, and highly favorable plea agreements. Our case results speak for themselves.

Comprehensive Pandemic Defense Strategies

We've quickly adapted to the new realities of federal criminal defense during COVID-19. Our team stays up-to-date on all pandemic-related legal developments to provide cutting-edge defense strategies.

24/7 Availability

Federal investigations don't stop for nights or weekends - and neither do we. Our attorneys are available around the clock to address any urgent issues in your case.

Personalized Attention

We limit our caseload to ensure each client receives the focused attention they deserve. You'll work directly with our senior attorneys, not be passed off to junior associates.

Aggressive Advocacy

We leave no stones unturned in fighting for our clients. From challenging evidence to negotiating with prosecutors, we aggressively pursue every avenue to protect your rights and freedom.Don't let the pandemic leave you vulnerable in your federal case. Contact Spodek Law Group today at 212-300-5196 for a free consultation. Let us put our experience and dedication to work for you.

Frequently Asked Questions

Can I still get a fair trial during the pandemic?

Absolutely. While COVID-19 has created some unique challenges, your constitutional rights still apply. We'll fight to ensure you receive a fair trial, whether that means pushing for appropriate safety measures for an in-person trial or challenging the constitutionality of virtual proceedings.

Should I agree to a virtual trial?

In most cases, we advise against agreeing to a fully virtual trial. Virtual trials raise serious concerns about confrontation rights, jury selection, and the overall fairness of proceedings. However, we may recommend agreeing to virtual hearings for some pretrial matters.

How has the pandemic affected federal sentencing?

Many judges are taking COVID-19 risks into account during sentencing. This may result in more lenient sentences in some cases, particularly for non-violent offenses. We've successfully argued for alternatives to incarceration based on pandemic concerns in numerous cases.

Can I get released from federal prison due to COVID-19 risks?

It's possible, but challenging. The Bureau of Prisons has authority to release inmates to home confinement in some circumstances. Additionally, we may be able to seek compassionate release through the courts, especially for high-risk individuals.

How long will pandemic-related delays last in federal cases?

It's difficult to predict, as the situation continues to evolve. While many courts have resumed most operations, backlogs and some restrictions are likely to persist for the foreseeable future. We'll keep you updated on how any delays may impact your specific case.Don't let uncertainty about the pandemic's impact on federal cases keep you up at night. Call Spodek Law Group at 212-300-5196 today for a free consultation. We'll review your case and explain exactly how we can help you mount a strong defense, pandemic or not.Remember, when it comes to federal charges, experience matters. At Spodek Law Group, we've been successfully defending clients in federal court for decades. We know every trick prosecutors might try, and we've developed effective counter-strategies for each one.Don't face federal charges alone during these unprecedented times. Let our team of seasoned federal defense attorneys fight for your rights and freedom. We're available 24/7 to take your call and start building your defense strategy. Contact us now to get the aggressive, experienced representation you need.