Experienced Representation in Federal Investigations, Prosecutions, Trials, and Sentencing
A federal criminal investigation is fundamentally different from an ordinary state criminal case. Federal prosecutors frequently work with federal investigative agencies, rely on grand juries and extensive documentary or electronic evidence, and prosecute cases under federal statutes and sentencing procedures that require counsel familiar with federal practice.
At Bushman Law Group, federal criminal defense is led by Gregory T. Hunter, Of Counsel to the firm. Mr. Hunter has practiced criminal defense since his admission to the Virginia bar in 2000 and represents individuals in both state and federal criminal proceedings. His practice is devoted exclusively to criminal defense.
Of particular significance to federal defendants, Gregory T. Hunter has served on the Criminal Justice Act Panel for the United States District Court for the Eastern District of Virginia since 2001.
That experience matters. Federal criminal cases can move quickly, particularly in the Eastern District of Virginia, and decisions made during the investigative and pretrial stages may substantially affect the course of the case.
If you have been contacted by federal agents, received a grand jury subpoena, learned that you are under investigation, or have already been charged, obtaining experienced federal criminal counsel early can be critical.
Gregory T. Hunter: Federal Criminal Defense Experience
Gregory T. Hunter has more than two decades of criminal-defense experience and regularly represents clients in criminal matters. According to his Bushman Law Group biography, his representation extends from the investigation and arrest stages through trial, sentencing, and post-conviction proceedings.
His federal practice is distinguished by his longstanding membership on the Criminal Justice Act (CJA) Panel for the United States District Court for the Eastern District of Virginia, beginning in 2001.
CJA Panel attorneys are private attorneys appointed to represent qualifying defendants in federal criminal proceedings. Mr. Hunter’s longstanding panel service therefore reflects extensive experience in the federal criminal justice system.
Understanding the Federal Criminal Process
Every federal case is different, but a federal criminal matter ordinarily develops through several identifiable stages. Importantly, an attorney can become involved before charges are filed.
1. Federal Investigation
Many federal criminal matters begin long before anyone appears in court.
Investigations may involve federal law-enforcement agencies working with the United States Attorney’s Office. Depending on the alleged offense, an investigation may include subpoenas, search warrants, witness interviews, financial records, electronic communications, surveillance, or other evidence.
A person may learn about an investigation after:
- federal agents request an interview;
- investigators contact family members, employees, or business associates;
- a subpoena is received;
- a search warrant is executed;
- property or electronic devices are seized; or
- counsel or the government communicates that the person is a subject or target of an investigation.
You do not have to wait until you are indicted to retain a federal criminal defense attorney.
Early representation may give defense counsel an opportunity to assess the investigation, communicate with prosecutors or investigators when appropriate, advise the client concerning constitutional rights, and begin preserving evidence for the defense.
2. Grand Jury Proceedings and Indictment
Felony federal charges ordinarily proceed through the federal grand jury process.
A grand jury may receive evidence from federal prosecutors and determine whether probable cause exists to return an indictment. Grand jury proceedings differ substantially from a criminal trial, including because they are generally conducted without the defendant and defense attorney presenting the defense case to the grand jury.
A subpoena connected with a federal grand jury should therefore be taken seriously. A person receiving one should consider speaking with counsel before producing documents or providing testimony.
3. Arrest, Initial Appearance, and Detention
After an arrest or indictment, the defendant will ordinarily make an initial appearance before a United States Magistrate Judge.
One of the first significant questions may be whether the defendant will remain in custody while the prosecution is pending or be released subject to conditions.
For the defense, preparation for this stage can involve presenting information relevant to release and addressing the government’s arguments concerning detention.
4. Arraignment and Plea
At arraignment, the defendant is formally advised of the charges and enters a plea.
A plea of not guilty allows the case to proceed toward pretrial litigation and, potentially, trial.
The indictment also needs to be examined carefully. Federal criminal statutes may contain complex elements, conspiracy or aiding-and-abetting theories, forfeiture allegations, enhanced penalties, or other provisions that can significantly affect the defense.
5. Discovery and Building the Defense
The government’s evidence must be carefully evaluated.
Depending upon the case, this may include:
- witness statements;
- financial and banking records;
- emails and electronic communications;
- photographs or video;
- forensic evidence;
- search-warrant materials;
- recorded conversations;
- business records;
- cellular telephone or computer evidence;
- expert reports; and
- statements allegedly made by the defendant.
Effective federal criminal representation involves more than reading the government’s evidence. Defense counsel must identify what the government must actually prove and examine whether its evidence establishes each required element beyond a reasonable doubt.
That examination can also expose evidentiary, constitutional, credibility, or factual issues that materially affect the government’s case.
6. Motions and Constitutional Issues
Pretrial motions can be an important part of federal criminal defense.
Depending upon the facts, defense counsel may examine issues involving:
Search and seizure. Whether evidence was obtained consistently with Fourth Amendment requirements.
Statements to law enforcement. Whether a client’s statements were lawfully obtained and admissible.
Electronic evidence. Whether searches or seizures of phones, computers, accounts, communications, or other electronically stored information were lawful.
Identification or evidentiary issues. Whether particular evidence may properly be introduced against the defendant.
Disclosure obligations. Whether discoverable or constitutionally required information has been provided to the defense.
The existence and strength of a motion necessarily depend upon the facts and law applicable to the particular case.
7. Plea Negotiations
Many federal criminal prosecutions are resolved without trial. But deciding whether to plead guilty is among the most consequential decisions a defendant will make.
Before making that decision, a defendant should understand:
- what the government must prove;
- the available defenses;
- the evidence against the defendant;
- the consequences of a proposed plea agreement;
- any charges or rights being waived;
- potential sentencing exposure; and
- the consequences of proceeding to trial.
The decision belongs to the client. Counsel’s role is to provide the information and legal analysis necessary for the client to make that decision intelligently.
8. Federal Trial
When a case proceeds to trial, the prosecution bears the burden of proving the defendant guilty beyond a reasonable doubt.
Trial preparation may involve challenging admissibility of evidence, cross-examining government witnesses, presenting defense witnesses or evidence when appropriate, preparing expert testimony, litigating jury instructions, and identifying weaknesses or inconsistencies in the government’s proof.
Gregory T. Hunter’s practice is devoted exclusively to criminal defense, and his representation includes criminal cases through the trial stage.
9. Federal Sentencing
Federal sentencing is a separate and critically important phase of a criminal case.
After a conviction or guilty plea, the court considers federal sentencing law and the circumstances of the particular defendant and offense. Counsel must therefore approach sentencing as a substantive advocacy proceeding rather than merely the final administrative step of the prosecution.
Defense preparation can include reviewing the Presentence Investigation Report, identifying disputed factual or legal issues, addressing the applicable advisory Sentencing Guidelines, developing mitigating evidence, and presenting the defense’s position concerning an appropriate sentence.
The strategy in a federal case should therefore take potential sentencing consequences into account well before the day of sentencing.
Federal Charges We Defend
Bushman Law Group can assist individuals facing serious federal criminal allegations. Depending upon the particular matter, federal prosecutions may involve allegations concerning:
- Drug offenses and drug conspiracies
- Fraud
- Wire and mail fraud
- Financial crimes
- White-collar offenses
- Firearms offenses
- Money laundering
- Conspiracy
- Theft and property offenses
- Violent offenses
- Probation or supervised-release violations
- Other federal felony charges
Mr. Hunter’s existing firm biography specifically identifies drug offenses, firearms offenses, theft and fraud charges, white-collar crimes, violent crimes, probation violations, and federal criminal defense among his areas of criminal practice.
Why Experience in the Eastern District of Virginia Matters
Federal court has its own statutes, procedural rules, evidentiary issues, sentencing framework, and institutional practices.
A lawyer defending a federal case needs to understand not merely criminal law generally, but the environment in which federal prosecutors and federal courts operate.
Gregory T. Hunter’s longstanding CJA Panel service in the United States District Court for the Eastern District of Virginia provides particularly relevant experience for clients facing federal prosecution in Northern Virginia.
Under Federal Investigation? Do Not Wait for an Indictment.
One of the most important misconceptions about federal criminal defense is that a person needs an attorney only after being charged.
Representation can begin during the investigation.
If federal agents want to speak with you, your business has received a subpoena, a search warrant has been executed, or you have reason to believe that you are a subject or target of a federal investigation, obtaining counsel before deciding how to respond can protect important rights and preserve strategic options.
Speak With Gregory T. Hunter About a Federal Criminal Matter
Contact Bushman Law Group to speak with Gregory T. Hunter about your federal criminal matte