Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name is XXXXX XXXXX I will be glad to help you.
Let me start by letting you know that the conviction rate in Federal Courts are at 98%. So most defendants do try to negotiate a plea bargain with the government to avoid the risk and expense of going to trial with statistically less than 2% chance of being found not guilty.
As far as plea bargain negotiations, it should be done by an experienced federal criminal defense attorney who can try to negotiate the best plea deal. Knowledge of the prosecutor by the defense attorney helps to make this negotiations go smoother in most cases.
Also if defendant had already been indicted, Federal prosecutors know that they can probably successfully prosecute most of the criminal cases before them (keep in mind Federal government does have huge resources available to them), but have their own discretion and guidelines on what types of cases they need to be tough on and go all the way and which ones can be somewhat liberally plea- bargained.
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Thanks for the response. For the avoidance there has been no indicement in the alledged Felony nor any charge from the SEC.
I note in your response you have not really addressed the first question relating to the cross use of allegations.
In RI there appears to be one Judge that adjudicates on both cases. On this basis it seems difficult for the Judge to be entirely objective because one case could in all probability bias the other (In either direction).
Because the alledged felony was committed in New York State would it be prudent to seek a shift to that State. alternatively my state for residence is Florida.
The Attorney is trying to convince them to drop the case. This would be easier he felt if we are successful with the Motion for Summary Judgement on the SEC case because one of the defined motivators for committing passport fraud goes away. Though if the SEC looses doubtless they would appeal. He also expresses the view that none of it makes any sense because fraud is about being another person. In this case I have never attempted to be anyone other than who I am! There is no hurt or harm to anyone and none was ever contemplated. He also feels were it not for the SEC I would just received a telephone call saying what have you done here. But he in no way underestimates the task. He also feels that as part of his negotiating inventory a move to New York would be prudent and sensible. But he does not want to play the card too soon. Moreover because some of the docs were faxed using the RI telephone the prosecution could ague that at least the alledged wire fraud segment is properly under RI jurisdiction.
Finally yes I am out on a bail bond of $250,000 which again seems way out of proportion with the alledged crime