Criminal Defense Jury Trial

A defendant has a constitutional right to a jury trial in felony cases.  In fact, the right to a speedy trial in federal criminal prosecutions is protected by the Sixth Amendment. The Speedy Trial Act sets specific time limits for federal criminal cases to be charged and tried. Rule 48 of the Federal Rules of Criminal Procedure allow a judge to dismiss charges when there has been unnecessary delay in filing charges or bringing a defendant to trial. Criminal defense lawyer Stefanie C. Moon knows that the common areas of attacking criminal charges during trial include:
• Burden of proof and presumptions
• Proof of consciousness of guilt
• Identity
• Eyewitnesses
• Co-conspirator statements
• Defendant’s statements

Post Trial Proceedings

A finding of guilt by a jury can begin a new phase in the litigation of a criminal charges. This new phase of litigation has very strict time limitations. Criminal defense lawyer Stefanie C. Moon knows that the following motions can be filed to attack a judgment of guilt:
• Motion for judgment of acquittal
• Motion for new trial
• Motion in arrest of judgment
Clerical errors in a judgment can be corrected by motion made at any time.

Sentencing

After a guilty plea or conviction at trial, the U.S. Probation Office prepares a Presentence Investigation Report. This report is extensive and includes information related to the following
• Defendant’s family background
• Defendant’s social and criminal history
• Offense conduct
• Victim impact
The probation officer will calculate a sentencing guideline range for the court’s consideration along with the statutory criteria outlined in 18 United States Code Section 3553. The probation officer submits the report to the government, defense counsel and defendant. Both the government and defense have an opportunity to file written objections to the report. Prior to the sentencing hearing, the probation officer must submit the report to the court, government, defense and defendant, along with an addendum that includes any unresolved objections. All disputes related to the report are resolved at the sentencing hearing. The court can correct a clearly erroneous sentence on its own or on motion of either party. A defendant’s sentence can also be reduced on government motion based upon substantial assistance by the defendant in other cases.