Questions
General information about how these cases work. It is not legal advice, and every case turns on its own facts.
What should I do if I have been contacted by a federal agent?
Do not speak to the agent and do not agree to an interview before you have counsel. Statements made in an informal interview are admissible, and they are difficult to correct later. Note what was asked and refer the agent to your lawyer.
What is the difference between state and federal charges?
They are separate systems with separate courts, rules, and sentences. Federal sentences are calculated under the United States Sentencing Guidelines and include mandatory minimums for many offenses. Georgia state sentences are set within statutory ranges by the sentencing judge. A single course of conduct can produce both.
What are the federal sentencing guidelines?
A set of rules that convert the facts of an offense, including conduct not charged in the indictment, into a sentencing range. The calculation depends on factual findings about quantity, role, and loss, and those findings can be contested with evidence.
How long does a federal criminal case take?
From indictment to sentencing, a federal case commonly runs from several months to more than a year. Investigations before indictment can run much longer. Complex multi-defendant cases take longest.
Can a conviction be appealed?
Yes. An appeal asks a higher court to review the record for specific legal errors. It is not a retrial and new evidence generally cannot be introduced. Errors must usually have been raised in the trial court to be available on appeal.
What is a motion to suppress?
A request to exclude evidence on the ground that it was obtained in violation of the constitution, for example through an unlawful stop, search, seizure, or an involuntary statement. If it succeeds, the excluded evidence often cannot be used at trial.
What does RICO mean in a criminal case?
It is a racketeering statute that allows the government to charge an enterprise and treat the acts of members as evidence against each of them. The prosecution must still prove an enterprise and a pattern of racketeering activity connected to the defendant.
Does a not guilty verdict mean the case is over?
Not always. A defendant can face separate charges in another case, in the same court or in a different jurisdiction, and a trial can end in a mistrial or a hung jury that the government may retry.
What can be done after a conviction?
A direct appeal, a motion for new trial, and state or federal habeas corpus are the main routes. Each has its own deadline, and appellate deadlines in Georgia are short, so they should be checked immediately.
What happens at an initial appearance or arraignment?
In federal court the initial appearance sets conditions of release or detention, and the arraignment takes the formal plea. What happens at the detention hearing can shape the rest of the case, because a client in custody has a much harder time preparing a defense.
Does the firm take cases outside Georgia?
Yes. The firm has appeared in federal courts in several states. Brian Steel was admitted pro hac vice in Los Angeles for the federal trial of Durk Banks and in New York for the trial of Sean Combs.
What is the appellate record of the firm?
Brian Steel is described as having roughly 300 published appellate opinions and approximately 45 reversals of convictions. He is a Fellow of the American College of Trial Lawyers.
How much does a consultation cost?
The consultation is booked with a deposit that is credited toward the consultation and is not refundable. The amount is stated on the consultation page. If you would rather speak first, use the contact form and no deposit is required.
How do I start?
Use the contact form with a short description of the situation, including any court dates. If a deadline is close, say so at the top. Do not send documents or sensitive details through the form.
Still have a question?
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