Leading Criminal Defense Attorney Edward La Rue Reveals Mistakes To Avoid In A Federal Drug Case – Cleveland, OH
Top Criminal Defense Attorney and founding partner of the Law Offices Edward R. La Rue in Cleveland discloses potential mistakes that can affect the outcome of a federal case. For more information please visit https://www.edwardrlarue.com
Cleveland, OH, United States – September 30, 2021 /MM-REB/ —
Cleveland criminal defense attorney Edward La Rue has disclosed several key areas that defense counsel make mistakes in federal cases that can affect the outcome for their clients.
For more information please visit https://www.edwardrlarue.com
The founding partner of the Law Offices of Edward R. La Rue said that one such area is a defense attorney unnecessarily waiving a defendant’s right to a detention hearing. This can determine where they reside until sentencing or trial, or whether they remain in custody in the first place.
It is sometimes waived, based on the assumption that an Assistant United States Attorney (AUSA) may consider a lower potential sentence assuming that the defendant makes a timely plea of guilt to resolve the case, and clearly the agreement to detention is a concession to the Government from the very beginning.
“I wouldn’t necessarily waive that right because AUSAs may very well assume there will be a detention of our client (depending on the kind of case). Yet, while a hearing is sometimes an exercise with little upside, the Court may become educated as to issues critical to the client, and the Government may offer information that would not have been shared without such a hearing being held,” he said. Also, an AUSA may be either under-prepared for a case or unfamiliar with it.
Mistakes made at this stage can be capitalized upon by a seasoned attorney.
As detention hearings are recorded, they can also be fertile ground for a lawyer to challenge the government’s case assertions against the Defendant and allow us to present evidence of a client’s links to an area with a minimal threat of absconding.
La Rue said lawyers often unnecessarily waive detention hearings and probable cause hearings because of the potential threat that sentencing will be tougher on the defendant if they are ultimately found guilty or even plead guilty. Usually, a defendant is arrested on a federal complaint and can be detained for up to 30 days before indictment. However, prior to indictment, a defendant can have a probable cause hearing.
He added that lawyers should actively file a Letter of Discovery which enables a defendant to review many of the items that are compelling to a case.
This type of letter can be useful if a Federal Speedy Trial Act is enacted on the case, which seeks to hear trial no later than 70 days after a not guilty plea is entered. If a Letter of Discovery goes unanswered, then a Motion for Discovery filed with the federal court is required.
La Rue revealed that some lawyers failed to anticipate a federal case, as most investigations and charges begin as state cases.
“A defense lawyer should examine a case like a federal prosecutor to see whether a federal case is coming. There are many opportunities a lawyer can exploit in state court that he may not get later on in federal court.”
In some circumstances, a lawyer can force a federal investigation’s hand, allowing the attorney to exploit issues at future hearings on behalf of the client.
He advised that defendants should decide quickly to hire a lawyer so they can communicate with investigators before a case is filed. This can be a significant advantage in some cases when entering pleas of guilt.
La Rue added: “Defendants shouldn’t give up when facing a federal case because often a lawyer can negotiate a resolution prior to an Indictment being filed. Clients should ensure they have a lawyer that can tell them all the guidelines and the different charges that could result in significantly lesser sentences.”
Equally, La Rue argued you shouldn’t be compelled into a plea deal by your lawyer without anything in return, and always be guarded in trying to help the government in their case against you, as you could be unwittingly increasing your chances of a longer stay behind bars.
Name: Edward R. La Rue
Email: Send Email
Organization: Edward R. La Rue, Attorney at Law
Address: 323 W. Lakeside Avenue, Suite 210, Cleveland, Ohio 44113
Phone: (216) 600-0663
Release ID: 89047360