MN Federal Criminal Defense Lawyer: Our Experience is Key to Your Success
Being prosecuted by the United States Attorney’s Office is a daunting and frightening matter, as the federal government’s resources are unlimited and the prosecutors are assisted by the FBI, Secret Service, and other federal agencies, such as the postal service and DEA. If you are accused of a crime that violates a statute passed by Congress, you will be tried in federal court, which is much different then prosecuted in state court. It is absolutely critical that you obtain representation of a federal criminal defense lawyer that has significant federal trial and sentencing experience. Many criminal defense lawyers may talk the talk, but in terms of federal defense, very few can walk the walk.
Ryan Garry, an experienced federal criminal defense lawyer, began his federal careers working with a special group of attorneys associated with the United States Federal Defender’s Office. Ryan and a select group of qualified lawyers were chosen from a large pool to participate in a program called the Second Chair Program, which lasted approximately 3 years. Since then, Ryan has handled many types of federal cases, ranging from tax evasion to narcotic trafficking to bank robbery. They are among the select group of attorneys chosen by the United States Federal Defenders and appointed by United States District Court judges and magistrates to defend individuals in U.S. District Court when the Federal Public Defender is unable to do so.
As a federal criminal defense lawyer, Ryan has tried federal jury trials and are sought out by state criminal defense lawyers, who have limited federal experience, when their clients are charged with federal offenses. Ryan has represented clients ranging from sophisticated drug cartel associates to CEO’s and corporate executives charged with White Collar crimes to famous criminal defense lawyers charged with tax evasion. They recently handled a case where the FBI obtained a cell phone search warrant and listened to and surveyed his client for over two years before making the arrest. The FBI had gathered hundreds of recorded phone calls and close to fifty meetings with an undercover FBI agent posing a sophisticated drug dealer.
As a federal criminal defense lawyer, Ryan is familiar with the rules of Federal Procedure. When a United States Attorney charges someone with a crime, there is either an information or an indictment. An indictment may occur when a grand jury decides that there is enough proof to charge an individual with a crime. An information is essentially the same document with the same effect but it only needs the prosecutor to sign it. (Federal Rules of Criminal Procedure 6, 7) A Complaint may also be used. (Fed. R. Crim. P. 3)
There are many different crimes that are prosecuted in Federal District Court, including:
• Serious drug crimes
• White collar crimes
• Mortgage Fraud
• Wire and mail fraud
• Bank robbery
• Bank Fraud
• Child pornography
• Healthcare/Insurance fraud
• Identity theft
• Conspiracy to commit bank fraud
• Witness tampering
• Tax evasion
• Human trafficking/prostitution
• Weapons possession and trafficking
• Computer crimes
These are just a sample of the crimes prosecuted by the federal government, if you believe you are being investigated by a federal agency, you should contact a Federal Criminal Defense Attorney immediately.
Agencies that Investigate White Collar Crime
Most of the time, federal agencies are responsible for white-collar crime investigation. White-collar offenses often fall under federal jurisdiction; although, in Minnesota, the Hennepin County Attorney’s Office has a “white collar crime” division. If agents from one or more of the following federal agencies have questioned you, you may be the target of a white-collar crime investigation: Federal Bureau of Investigation, Securities and Exchange Commission, Internal Revenue Service, United States Treasury, United States Postal Service, U.S. Citizenship and Immigration Service, Drug Enforcement Administration (DEA).
Sentencing in Federal Court is Different
When it comes to sentencing, each system has completely separate guidelines. The United States Sentencing Guidelines has a complex formula that gives a number that corresponds with how many months will be served in prison, the fine owed, and the amount of supervised release that follows. Of course, the Guidelines are not mandatory and a judge may sentence above or below what the Guidelines recommend. It is extremely important that you hire an experienced Federal Criminal Defense Attorney who has a track record of writing convincing sentencing memorandums that have convinced federal judges to depart from the Federal Sentencing Guidelines. You can see the Federal Guidelines here: https://www.ussc.gov/Guidelines/2011_Guidelines/Manual_PDF/index.cfm.
In state court, the Minnesota Sentencing Guidelines are much simpler to figure out. Like the federal system, the Minnesota Guidelines are not mandatory and the judge may or may not follow the recommendation. You can see the Minnesota Guidelines here: https://www.msgc.state.mn.us/msgc5/guidelines.htm
In both systems, the attorneys get to argue for a sentence and the probation office is heard. The attorneys usually submit memoranda prior to a sentencing hearing and both are heard at the hearing.