Commonly, there are three types of financial penalties that are ordered by the court in federal criminal cases after conviction, restitution, forfeiture, and a special assessment. The special assessment is usually $100 and is paid by the defendant not long after sentencing proceedings. Criminal forfeiture is an action brought as part of the criminal prosecution of a defendant and requires that the government establish that the property subject to forfeiture was derived from the crime. Restitution involves the court, as part of a sentence in a criminal case, ordering a defendant to compensate the victim for losses suffered as a result of the crime.

What this means is that if somebody becomes wealthy through fraud, they do not get to keep anything obtained as a result of it; they will have to compensate the victims and give up all of the property and money obtained through fraud.

Are Prosecutors Willing to Show Leniency to First-Time Federal Fraud Offenders?

Prosecutors are willing to show leniency even to second- or third-time offenders because making plea deals is how the American criminal system of jurisprudence works. The government will almost always offer a plea deal to a defendant, which will include a recommended sentence that is much lower than what the defendant is likely to get if they were convicted after a jury trial. The question then becomes, how good is the plea deal negotiated by the attorney?

That is why having a good attorney becomes crucial. If you are looking to get a plea deal, the government will offer one, but then your attorney has to make sure that it is the best plea possible, and that is not always easy. There are different strategies to secure the best plea under the circumstances, and that is why a good criminal defense attorney is a necessity.

Is It Possible to Have a Federal Criminal Conviction Expunged or Set Aside?

There is no federal expungement statute, and federal courts do not have the authority to expunge records of a valid federal criminal conviction. Some states, including New York and New Jersey, allow state convictions to be expunged, though you have to meet certain requirements, such as having no new rearrests and waiting a certain amount of time after the conviction. It also will depend on the statute the person was convicted of as some statutes are not expungeable.

Why Is It Important to Have an Experienced Federal Criminal Defense Attorney Represent Me in a Federal Criminal Case?

Federal courts are quite different from state courts. Many attorneys who do criminal defense never handle federal cases. Federal court is a lot more formal, and it takes a lot more work and time to resolve cases. In addition, lawyers who have done many federal cases know how to best advise their client on negotiating the best plea deal or how to cooperate with the government while getting the maximum credit for it. Therefore, it is especially important to hire an attorney with experience in federal court if you are charged with a federal crime.

For more information on Financial Penalties in a Fraud-Related Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 989-2908 today.

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