My partner Robert Stahl and I recently met with a potential client who was served with a Grand Jury Subpoena and was concerned about the potential criminal investigation and charges. This client came to the meeting with a detailed list of questions for us, many of which concerned our background, experience, and approach to handling a federal criminal case. These questions prompted me to think about what is the most important qualifications for hiring the right lawyer when a client is facing potential prosecution by the federal government.
Facing criminal charges is one of the most serious and stressful experiences anyone can endure. Whether you’re under investigation or have already been charged, one of the most important decisions you will make is choosing the right attorney to represent you. The stakes are high — your freedom, reputation, and financial future are all on the line. When the criminal charges might be federal, it is even more important to make sure that you choose the right attorney to defend you. When it comes to defending against complex federal charges, especially white-collar crimes such as fraud, embezzlement, or insider trading, not all criminal defense lawyers are the same. Here’s what you should look for when hiring a white collar criminal defense attorney:
- Federal Court Experience Matters: Federal cases are vastly different from state criminal cases. The criminal statutes are more complex, and the penalties more severe. Federal cases also differ from state cases in terms of procedures, judges, prosecutors, and the applicable Rules. Make sure your attorney regularly practices in federal court, particularly in the jurisdictions where your case is pending (e.g., the Southern District of New York, Eastern District of New York, or District of New Jersey). At Stahl Gasiorowski, our primary practice area is federal criminal defense, which includes white-collar criminal defense and corporate investigations, in the District of New Jersey, and in the Eastern and Southern Districts of New York. We can, and have, handled federal criminal cases in Pennsylvania, California, Massachusetts, Maryland, Alaska and West Virginia as well.
Ask: – How many federal cases have you handled in this district? – What types of federal charges have you defended?
- Specialization in White Collar Crimes: These cases often involve complicated financial transactions, regulatory issues, and intricate investigations that often require the assistance of investigators, experts and e-discovery providers. Electronic discovery in federal white collar cases can be staggering… in the terabytes… and require significant resources, time and familiarity with review platforms. In addition, all federal criminal cases require a deep familiarity and experience with the Federal Sentencing Guidelines, which your attorney must understand in order to assess your potential sentencing exposure, as well as the complicated law regarding determination of forfeiture, restitution and losses for Guideline purposes. In many cases, there are also parallel civil investigations, by the SEC, FINRA or other entities. Your attorney should have a track record defending clients charged with white-collar offenses like wire fraud, securities fraud, tax fraud, or conspiracy and other violations of federal law.
Ask: – Have you defended clients in cases similar to mine? – Do you have experience dealing with federal prosecutors, agencies like the SEC or IRS, or parallel civil investigations?
- Reputation and Credibility: Federal prosecutors respect experienced defense attorneys who have a proven reputation in the courtroom. Judges, too, take notice of skilled advocates with a history of effective, ethical representation. Familiarity with the prosecutors (AUSAs) in the United States Attorneys’ offices, with the Judges on the bench, and with the Pretrial Services and Probation Officers is an asset when negotiating a plea, seeking to reduce charges, obtaining release or more lenient release conditions, or obtaining services for your client.
Look for: – Recognition by legal organizations – positive client testimonials – peer endorsements from other attorneys
- Strategic Approach to Early Intervention: The earlier your attorney can get involved in your case, the better the chances of limiting your exposure to charges or penalties. Look for a lawyer who emphasizes early intervention — engaging with prosecutors before charges are filed can sometimes prevent an indictment altogether.
Ask: – How would you approach early negotiations with the government in my case?
- Trial Experience: You may be surprised to learn that the vast majority of federal criminal cases resolve with pleas, not trial. This is because such cases are more thoroughly investigated than state cases, with greater resources. In federal trials, there is a significant “trial penalty” that may result in a more severe sentence. Sometimes, the best attorney may not be the one with the most trials under their belt, because many white-collar defense attorneys are successful by avoiding charges altogether, or resolving cases short of a trial through plea or alternative dispositions. That said, while many cases resolve through negotiations, hopefully resulting in no charges, reduced charges and a favorable plea or other disposition, you need an attorney who is fully prepared to go to trial if necessary. A lawyer who isn’t afraid to take your case before a jury can often secure better plea deals or dismissals simply because the prosecution knows they’re facing a formidable opponent who is willing and able to go to trial if necessary.
Ask: – How many federal jury trials have you conducted? – What were the outcomes of those trials?
- Personal Attention and Communication: Federal cases can drag on for months or even years. Choose an attorney who will provide personal attention, keep you informed at every stage, and answer your questions honestly. At Stahl Gasiorowski, we take on a limited number of clients and cases so that we can provide that personal attention and devote the time necessary to thoroughly investigate and prepare a defense. We are criminal defense attorneys first and foremost. As a small firm, we provide big firm expertise, and obtain big firm results, at a better price point, and without layers of administrative assistants and lower level associates. Our partners will be handling your case.
Ask: – Who will be handling my case day-to-day? – How often will I get updates?
Bottom Line: If you or your business is under federal investigation or facing white-collar criminal charges, choosing the right lawyer is your first line of defense. Don’t settle for general criminal defense — find an advocate with federal experience, a deep understanding of white-collar law and the sentencing guidelines, and a reputation for winning tough cases or achieving good results with alternatives to incarceration, favorable pleas or non-prosecution agreements.
If you’d like a confidential consultation to discuss your federal case, contact us today. We have extensive experience defending individuals and businesses in federal courts in New Jersey and New York, and we’re ready to fight for you.
Stahl Gasiorowski Criminal Defense Lawyers have successfully represented hundreds of individuals under complex federal and state investigations with terabytes of discovery. To contact the firm’s NJ office, call 908.301.9001 and to contact the firm’s NYC office, call 212.755.3300, or email Ms. Gasiorowski at lkg@sgdefenselaw.com or Mr. Stahl at rgs@sgdefenselaw.com.
