Can My Attorney Work with Federal Authorities to Arrange My Surrender Prior to Arrest?
An attorney can work with federal authorities to arrange for a client’s surrender prior to arrest, although this doesn’t generally happen. When it comes to federal cases, suspects are waking up at five in the morning at the crack of dawn with five agents standing outside their door. With that said, under some circumstances, a person’s surrender may be arranged. Usually, this happens in state cases where the detective would reach out to me and let me know they are investigating my client, and request that I have my client surrender on a certain day and at a certain time. In state cases, the defendant goes before the judge during the first hearing and argues to be let out on personal recognizance, which means with no bail or a small amount of bail. The judge might allow this based on the fact that the defendant surrendered and detectives did not have to pick up the defendant. I have argued for this on behalf of a number of clients with favorable results.
What Pre-Trial Conditions Could Federal Court Impose on Me While I Await My Case?
Federal court has the discretion to impose any pre-trial conditions, including incarceration pending jury trial. When bail is granted, there are usually travel restrictions, meaning the defendant must remain within the state or district. If the case involves a cybercrime, the defendant likely won’t be able to use a computer or other electronics. Very often, an order of protection is issued, which bars the defendant from contacting the victim, tampering with evidence, etc. The defendant cannot obstruct justice or break the law while out on bail. Getting arrested while on bail could be a violation of the bail conditions. The courts can get very creative when it comes to fashioning bail conditions.
Is It Possible to Appeal a Federal Conviction?
If the defendant took a plea deal on the state or federal level, then they likely waived their right to an appeal. There are some exceptions to that rule, whereby certain constitutional rights are not waived, but in 99 percent of cases, there is no appeal. If the defendant lost a jury trial, then all options would be open. They would have the right to appeal, and most people do. Even if that person cannot hire a private attorney, the court would likely assign one to handle the appeal. After a person has lost at trial, they really have nothing to lose by trying to appeal.
For more information on Surrendering to Federal Authorities in NY, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 989-2908 today.