Our attorneys are well versed with both criminal law and the Federal Court process. Robin Fowler served as assistant United States Attorney for the District of Kansas for 14 years, prior to entering private practice with Bath & Edmonds. Our attorneys have represented hundreds of individuals and corporations in Federal Court and have collectively tried numerous of cases in front of a federal jury. We have the experience and resources to defend our clients and provide the highest standard of legal representation. All of our attorneys appear in Federal Court throughout Kansas and Missouri.
In federal court law enforcement often execute search warrants and investigate a potential case, before charges are filed. It is wrong to assume that since no charges were filed then the case has been rejected by the prosecutor. In fact, the prosecutor has, at a minimum, 2 years in which to file charges. This allows law enforcement more than enough time to investigate the case, uncover additional evidence and then present their findings to the prosecutor.
Hiring an attorney immediately during an investigation or immediately after an arrest is crucial as it will allow counsel to conduct their own investigation and meet with the prosecutors to explain why charges should not be filed. As former prosecutors, the attorneys at Bath & Edmonds have successfully overseen the investigation of hundreds of cases resulting in “no charge” decisions by prosecutors.
A crime may be charged in federal court when a federal law is broken such as mail fraud, the alleged crime occurred on federal property such as a national park or occurred across state lines, such as transporting narcotics from Missouri into Kansas. Federal courts are known for draconian mandatory minimum prison sentences and many resolve with a plea deal. The prosecutors spend more time listening to the facts and circumstances of each case allowing your attorney to argue for a favorable outcome.
In state cases, the county sheriff or city police make an arrest, but in federal cases the Drug Enforcement Agency (DEA) or FBI investigate the case and make an arrest. Federal prosecutors are appointed by the United States Attorney General and federal judges are appointed by the President of the United States to serve for life.
When federal authorities collected enough evidence they turn the case over to the Assistant United States Attorney (AUSA). In a felony case, the individual must be indicted, which means of group of citizens (Grand Jury) has listened to the evidence presented by the prosecutor and believe there is probable cause to proceed with the charges. The suspect and his family can be called to testify during the Grand Jury proceedings.