Jurisdiction and Venue in White Collar Criminal Defense

Jurisdiction is the power and authority of a court to hear and decide a case. Jurisdiction relates to both the power over the subject matter, or criminal charge, and the person being charged with that crime. To decide whether the subject matter jurisdiction for the particular criminal charge exists, a party has to analyze the statute. Personal jurisdiction means that the trial court has the authority to try the person accused of the crime. Personal jurisdiction is achieved when the person appears before the trial judge either voluntarily or involuntarily. Venue relates to the geographic location where the prosecution and trial occurs. The Constitution provides that a criminal trial against a person will be held in the state where the crime was committed. Unlike subject matter jurisdiction which can be raised at any point in a criminal proceeding, a claim of improper venue is waived if not raised before trial. White collar criminal defense lawyer Stefanie C. Moon knows the procedural rules and will make sure your rights are protected.

Arrest With or Without a Warrant

A person can be arrested with or without a warrant if there is probable cause to believe that a crime has been committed and that the person being arrested committed that crime. In the federal system when a person is arrested without a warrant, a complaint (or charging documents), affidavit (facts establishing probable cause) and warrant (authorizing arrest) must be promptly prepared and presented to a U.S. Magistrate Judge for signature without unnecessary delay. When a person is arrested based upon a warrant, the investigating agent has generally already prepared the documents, the prosecutor has reviewed the documents and the magistrate judge has signed the documents authorizing arrest. The Speedy Trail Act requires that when a person is arrested on a complaint, the case must be presented to a federal grand jury for indictment within 30 days of arrest. Criminal defense lawyer Stefanie C. Moon will make sure your rights are not violated.

Grand Jury Proceedings

The Grand Jury is an independent body whose functions include the investigation of criminal charges and the initiation of criminal prosecution, as well as protection of the citizenry from unfounded criminal charges. While performing their duties to advise the grand jury on the law and present evidence for their consideration, prosecutors must not do anything to improperly influence the grand jurors.  Prosecutors are not permitted to express their personal opinions or make any other potentially prejudicial comments before the grand jury. Criminal defense lawyer Stefanie C. Moon can fiercely represent your interests as a Broward County grand jury lawyer with experience in both federal and state court.