Understanding the Elements of Federal Criminal Cases

Every case must be viewed through the prism of its own facts and applicable law at the time those facts occurred. In most cases, that view changes as the case progresses, and the attorney becomes more familiar with the facts, the evidence, and the applicable law. The goal, however remains constant-avoiding the charges in the first instant and, if necessary, an acquittal of the client if charges are filed. Thus, understanding any case is an evolving process requiring repeated examination and reexamination of the evidence, the law, and the options available based on the evidence and the law as they are known to exist at the time.

What will follow in my future blogs is a brief discussion of the elements of offenses to many of the most commonly prosecuted federal criminal statutes. It is extremely useful to examine all potential charges, the elements of each, and the facts as they are known at the time, to help determine any real exposure to potential criminal charges. Doing this will also help in the defense investigation and review of the facts, documents, and other possible evidence, and in preparing any planned attempt to convince the prosecutor and the agents that there was no crime intentionally committed by anyone, and, if necessary, in eventually preparing the defense for trial.

I will also review many Florida state crimes and procedures such as: obtaining bail, appeals, post-conviction proceedings, forfeitures, and more.

For more information please visit H. Manuel Hernandez, Attorney and Counselor at Law

H. Manuel Hernandez has been practicing criminal law for 32 years, the first 10 years as a federal prosecutor, and the last 22 years as a criminal defense attorney. He is dual Board Certified by the Florida Bar as a Criminal Trial Specialist and a Criminal Appellate Specialist by the Florida Bar. He is also Certified by the National Board of Trial Advocacy as a Criminal Trial Advocate. Mr. Hernández has been rated "AV" in the distinguished Martindale-Hubbell Law Directory, the highest rating available in this highly respected legal directory relied on by attorneys when looking for other attorneys to refer cases to or to work with in different areas of the law.

For more information please call the office of attorney H. Manuel Hernández, P.A. 407-682-5553