Federal criminal defense in New Jersey

New Jersey is one federal judicial district. By statute, the court sits in Camden, Newark, and Trenton. Your court paperwork will show which courthouse your case is in.

Federal crimes in New Jersey are prosecuted by the U.S. Attorney for the District of New Jersey. A U.S. Attorney is appointed for each federal judicial district and prosecutes offenses against the United States within it.

Many federal cases begin long before an arrest. Agents interview witnesses and gather records, and prosecutors may present evidence to a grand jury. You may first learn about an investigation through a visit from agents, a grand jury subpoena, or a letter from a prosecutor.

Federal prosecutors use two labels that matter. A subject is a person whose conduct is within the scope of the grand jury's investigation. A target is a person the prosecutor or grand jury has substantial evidence linking to a crime and whom the prosecutor considers a likely defendant.

Department of Justice policy encourages prosecutors, in appropriate cases, to notify a target before seeking an indictment so the person has a chance to testify. A written notice of this kind is commonly called a target letter.

If agents contact you, or you receive a subpoena or a target letter, talk to a lawyer before you answer questions or hand anything over. Early decisions in an investigation can shape the whole case.

A federal felony, meaning a crime punishable by more than one year in prison, must be charged by a grand jury indictment. You can waive indictment in open court and agree to be charged by a document called an information.

The Speedy Trial Act sets deadlines. An indictment or information generally must be filed within 30 days of arrest or service of a summons. Trial generally must start within 70 days of the indictment or your first appearance, whichever is later.

Those deadlines have many exclusions. For example, delay caused by a pretrial motion, from filing through the hearing or other prompt decision, does not count.

After an arrest, a judge decides whether you will be released before trial. The court must release you on personal recognizance or an unsecured bond unless that will not reasonably assure your appearance or will endanger the safety of others. If needed, the court can add conditions.

The government can ask for detention in certain cases. They include crimes of violence, offenses carrying life imprisonment or death, drug offenses carrying 10 years or more, and cases with a serious risk that the person will flee.

The detention hearing is held at your first appearance unless a continuance is granted. Except for good cause, the defense can get up to five days and the government up to three days, not counting weekends and holidays. You are held during the continuance.

For drug offenses carrying 10 years or more and for charges under 18 U.S.C. § 924(c), the law presumes that no conditions will work if there is probable cause. You can rebut that presumption. To detain you as a danger, the court must find clear and convincing evidence that no conditions will reasonably assure the safety of others.

In deciding release or detention, the court weighs these factors:

Federal Rule of Criminal Procedure 11 describes the kinds of plea agreements. In one kind, the government agrees to recommend a sentence, or not to oppose your request. That recommendation does not bind the judge, and you cannot withdraw your plea if the judge does not follow it.

In another kind, the parties agree to a specific sentence or sentencing range. That agreement binds the judge once the judge accepts it. The judge can also reject it, and if that happens you must be given the chance to withdraw your plea.

Before accepting any guilty plea, the judge must address you personally in open court. The judge must make sure you understand the rights you are giving up and the penalties you face.

After a guilty plea or verdict, a probation officer usually prepares a presentence report. You and your lawyer must receive it at least 35 days before sentencing unless you waive that time. Objections are due in writing within 14 days after you receive it.

The judge must impose a sentence sufficient, but not greater than necessary, to serve the purposes of sentencing. The judge considers the factors in 18 U.S.C. § 3553(a), including the nature of the offense, your history and characteristics, and the sentencing guidelines range.

Appeals from the District of New Jersey go to the U.S. Court of Appeals for the Third Circuit. In a criminal case, a defendant’s notice of appeal generally must be filed in the district court within 14 days after the judgment is entered.

We are admitted to the Third Circuit, so the same lawyer can take a New Jersey federal case from the district court through the appeal. If an appeal may be needed, we raise it early because the deadline is short.

Our New Jersey practice is limited to federal court. We do not handle New Jersey state court matters. If your case is in a New Jersey state court, you need a lawyer licensed to practice there.

Dylan C. DiLibero, Esq., appears in the U.S. District Courts for Rhode Island, Massachusetts, and New Jersey and in the U.S. Courts of Appeals for the First, Second, and Third Circuits. Our office is at 130 Dorrance Street in downtown Providence.