Quincy Federal Criminal Defense Lawyer

Being the focus of a federal criminal investigation, or worse yet, facing federal criminal charges, can be a daunting and terrifying experience. Federal crimes are very serious and often carry mandatory minimum prison sentences and hefty fines. When federal prosecutors and federal law enforcement agents have invested time and money investigating and charging/indicting an individual on federal charges, that individual can be assured that Federal prosecutors will pursue the case with the utmost vigor and intensity which is why you need an experienced Quincy federal criminal defense lawyer to handle your case. Federal crimes are investigated by federal agencies such as the Federal Bureau of Investigation (“FBI”), Homeland Securities Investigations (“HSI”), the Drug Enforcement Agency (“DEA”), the Bureau of Alcohol, Firearms, Tobacco and Explosives (“ATF”), the Internal Revenue Service (“IRS”), and the Secret Service. The Law Offices of Daniel DeMaria has experience dealing with all of them.

Daniel DeMaria, Esq. has extensive experience representing those charged with federal crimes including drug offenses, firearm offenses, mail fraud, wire fraud, healthcare fraud, theft of trade secrets, racketeering, immigration offenses, sex offenses, computer fraud, bank fraud, and more.

Mr. DeMaria has been lead counsel at trial in five (5) federal criminal cases, has litigated complex motions to suppress evidence, has experience representing targets of federal grand jury investigations and has handled countless federal bail hearings and federal sentencings. Relying on his legal knowledge, experience, and access to cutting edge legal resources (including LexisNexis and Westlaw) he has the acumen to formulate the most effective defense for each case.

What makes the Quincy based Law Offices of Daniel DeMaria unique is that in addition to his extensive trial experience, Mr. DeMaria has handled a large number of criminal appeals, including in the U.S. Court of Appeals for the 2^nd Circuit, 5^th Circuit, 9^th Circuit, and 11^th Circuit. Mr. DeMaria not only seeks to craft the best possible submissions in the trial court, but he is also attuned to the importance of preserving issues for appeal and knows the best ways of doing so.

Whether your case involves the FBI, the DEA, Homeland Securities Investigation, the U.S. Secret Service, the U.S. Postal Inspector, U.S. Customs and Border Protection, or a joint taskforce, Daniel DeMaria, Esq. can maximize your chances of prevailing. He has negotiated deferred prosecution agreements and favorable plea agreements (without mandatory minimums), regularly obtains below guideline sentences (for those who plead or are found guilty), and has even dissuaded prosecutors from charging targets with an investigation with a federal criminal offense.

Defining Federal Criminal Charges in Quincy, Massachusetts

At The Law Offices of Daniel DeMaria our primary goal is to offer our clients affordable, effective, and aggressive legal and effective advocacy. We pride ourselves on provide compassionate service to our clients and in being in constant communication with our clients. We handle any and all federal crimes.

Federal Drug Crimes

There are five commonly used federal drug statutes which the Drug Enforcement Agency, the Federal Bureau of Investigation, the Department of Homeland Security, and U.S. Customs and Border Protection use to charge individuals with Federal Drug Crimes.

21 U.S.C. § 841 makes it a federal criminal offense to manufacture and distribute, or possess with intent to distribute, controlled substances such as Cocaine, Crack Cocaine, Heroin, Marijuana, Opium, Marijuana, Amphetamines, Methamphetamines, Ecstasy, MDMA, and LSD.

21 U.S.C. § 846 makes it a federal criminal offense to attempt and conspire to manufacture, distribute, or possess with intent to distribute these same drugs.

21 U.S.C. § 952 makes it a federal criminal offense to import controlled substances.

21 U.S.C. § 953 makes it a federal criminal offense to export controlled substances.

21 U.S.C. § 963 makes it a federal criminal offense to attempt and conspire to import or export controlled substances.

Penalties for federal drug offenses are severe (sometimes described as draconian), and usually far more severe than for state drug offenses. The penalty scheme for federal drug offenses is set out in 21 U.S.C. § 841(b) and 21 U.S.C. § 960(b). Many federal drug offenses carry mandatory minimums.

21 U.S.C. §§ 841(b)(1)(a) and 960(b)(1) provide a mandatory minimum sentence of 10 years in prison, and up to life imprisonment, for the following federal drug crimes:

• 1 Kilogram of Heroin
• 5 Kilograms of Powdered Cocaine
• 280 grams of Cocaine base
• 1,000 Kilograms of Marijuana.
• 50 grams of Methamphetamine

21 U.S.C. §§ 841(b)(1)(b) and 960(b)(1)(2) provide a mandatory minimum sentence of 5 years in prison, and up to 40 years imprisonment, for the following federal drug crimes:

• 100 grams of Heroin
• 500 grams of Powdered Cocaine
• 28 grams of Cocaine base
• 100 Kilograms of Marijuana.
• 5 grams of Methamphetamine

Daniel DeMaria, Esq. has experience handling cases involving hundreds of kilos of cocaine and heroin, and thousands of kilos of marijuana. He has even represented those charged pursuant to the continuing criminal enterprise (“Kingpin Statute”) which targets large scale and complex drug conspiracies.

Federal Gun Crimes

The Law Offices of Daniel DeMaria handles federal firearm cases, including 924(c) and felon in possession gun cases in Quincy and throughout the state of Massachusetts.

Pursuant to 18 U.S.C. § 924(c)(1) any person who possesses a firearm in furtherance of a federal crime of violence or drug trafficking offense shall, if convicted under 18 U.S.C. § 924(c)(1), be sentenced to no less than five years imprisonment, set to run consecutively to any other sentences imposed for the underlying crime or additional crimes, and without the possibility of probation. This increases to 7 years if the firearm is brandished, 10 years if the firearm is a short-barreled rifle or shotgun, or if it is a semi-automatic assault weapon and rises to 30 years if the weapon is a machine gun or destructive device, or if it is equipped with a silencer or muffler. The sentence imposed pursuant to 18 U.S.C. § 924(c)(1) may not run concurrently with sentences for other crimes and repeat offenders receive a minimum of 25 years in prison.

Pursuant to 18 U.S.C. § 922(g) provides certain individuals, most commonly those who have been convicted of a felony, from shipping, transporting, possessing, or receiving a firearm or ammunition. This offense generally carries up to 10 years in prison, though certain individuals may be subject to a minimum of 15 years in prison.

Mere possession of a weapon, without more, is generally insufficient to sustain a conviction under 18 U.S.C. § 924(c)(1); the possession must have been “in furtherance of” the underlying federal crime of violence or drug trafficking crime. This requires specific evidence that the defendant possessed the weapon to further, promote, or advance the criminal activity so that a nexus between the two is apparent.

Federal Immigration Offenses

Violating U.S. immigration laws constitutes a federal crime with penalties which may include imprisonment, fines, and possible deportation. Daniel DeMaria, Esq. represents clients charged with all immigration crimes in Quincy (and throughout Massachusetts) including Federal Alien Smuggling (8 U.S.C. § 1324) and Illegal Reentry (8 U.S.C. § 1326).

8 U.S.C. § 1324(a), makes it a federal criminal offense for a person to bring an alien into the United States, to transport or harbor an alien, to encourage an alien to enter the United States, or to engage in a conspiracy to commit any such acts. Each of these offenses are separate and distinct offenses which carry serious penalties.

A person can face federal criminal charges for knowingly bringing, or attempting to bring, an alien into the country at a non-designated place of entry, even if the alien has received “prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien.”

It is also illegal for a person who, knowing or with a reckless disregard for the fact that an alien is in the United States illegally, “transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.”

8 U.S.C. § 1324(a)(1)(A)(iii) makes it a federal crime for “any person who knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor or shield from detection, such alien in any place, including any building or any means of transportation.” Similar to smuggling and transporting aliens, the penalties for harboring an alien can be severe and include fines and imprisonment.

8 U.S.C. § 1324a(a)(1)(A) makes it a federal criminal offense for any person or entity to “to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien with respect to such employment.” This section places the burden of complying with U.S. immigration laws squarely on the employer, though both the employee and the employer are part of the employment eligibility verification process. It is a federal crime for a person or entity to hire an individual without first completing Form I-9, Employment Eligibility Verification Form.

An employer with a “pattern or practice” of hiring, recruiting, or referring for a fee or continuing to employ aliens, knowing that the aliens are unauthorized to work in the United States can potentially face serious penalties for each illegal worker hired, including serious fines and imprisonment.

The U.S. Government is vigorously pursuing immigration offenses.

Wire Fraud

The Law Offices of Daniel DeMaria has extensive experience representing those charged with Wire Fraud. 18 U.S.C. § 1343 makes it a federal crime to use a wire communication in furtherance of a scheme to defraud or to carry out a scheme to obtain money or property by means of false or fraudulent pretenses. To prove wire fraud under 18 U.S.C. § 1343 the government must show: (1) a scheme to defraud; (2) committed with intent to defraud; and (3) use of the mails to further the fraudulent scheme. A federal prosecutor does not have to prove that the scheme to defraud was successful. The prosecutor only has to prove that a scheme existed in which use of a wire communication was reasonably foreseeable and that an actual wire communication occurred in furtherance of the scheme.

Wire fraud is a very serious offense and is punishable by up to twenty years in federal prison.

Mail Fraud

Daniel DeMaria Esq. handles mail fraud cases in Quincy, Massachusetts and throughout the State. 18 U.S.C. § 1341 makes it a federal crime to use the mail in furtherance of a scheme to defraud or to carry out a scheme to obtain money or property by means of false or fraudulent pretenses.

Using the United States postal system in furtherance of schemes or artifices to defraud is an offense, regardless of whether the schemes or artifices are prohibited by state law.

It is also a crime to use the mails to carry out a scheme or artifice to obtain money or property by means of false or fraudulent pretenses, representations, or promises. The disjunctive phrasing in 18 U.S.C. § 1341, in making it a crime to devise any scheme or artifice to defraud “or” for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, prohibits two separate unlawful acts, each of which may serve as an independent ground for prosecution. The mail fraud statute encompasses all items passing through the mails even if they do not cross state lines. Congress is empowered to make the use of the mails in furtherance of a scheme a criminal offense, even if it is without power to forbid the scheme itself.

The mail fraud statute carries maximum penalties of up to twenty years in prison.

Computer Fraud

Computer crime is broadly defined by the United States Department of Justice as “any violations of criminal law that involve a knowledge of computer technology for their perpetration, investigation, or prosecution.” A computer can be categorized in three different ways depending on the computer’s role in the crime. A computer may be (1) the “object” of a crime; (2) the “subject” of a crime; or (3) an “instrument” used to commit crime.

The Computer Fraud and Abuse Act of 1984 centralizes federal computer crimes under one statute:

(1) 18 U.S,C. § 1030(a)(1) makes it a federal crime to knowingly access government computers to obtain classified information.

(2) 18 U.S,C. § 1030(a)(2) makes it a federal crime to access a computer without authorization or in excess of such authorization to obtain financial information from a financial institution, or a department of the U.S. Government.

(3) 18 U.S.C. §1030(a)(3) makes it a federal crime to access government computers intentionally and without authorization.

(4) 18 U.S.C. § 1030(a)(4) makes it a federal crime to access and fraudulently use a protected computer (defined as any computer used by or for the U.S. Government or a financial institution, or a computer used in interstate or foreign commerce or communications) to obtain anything valued at more than $5,000 in any one-year period.

(5) 18 U.S.C. § 1030(a)(5) makes it a federal crime to knowing cause the transmission of a virus and intentionally cause damage to a protected computer.

(6) 18 U.S.C. § 1030(a)(6) makes it a federal crime to knowingly and with intent to defraud, traffics any password or similar information through which a government computer may be accessed without authorization, or a non-government computer if such trafficking affects interstate or foreign commerce.

The United States Department of Justice takes computer crimes very seriously and a conviction can even result in life imprisonment.

The types of defenses available to a person charged with computer crime will vary with the facts of the case, and include identity, intent, authorization, entrapment, insanity or diminished responsibility, the statute of limitations, and res judicata. In addition to all of these defenses, the accused can also rely on a general denial, which implicitly argues that there is insufficient evidence to justify a finding of guilty or to meet the prosecution’s burden of proof.

Credit Card Fraud

The Credit Card Fraud Act (18 U.S.C. § 1029) was enacted in 1984 in response to significant increases in criminal activity involving credit cards. 18 U.S.C. § 1029(a) criminalizes (1) the use of counterfeit “access devices”; (2) the use of unauthorized access devices where during a 1-year period “anything of value” aggregating $1,000 or more is obtained; (3) the knowing possession of 15 or more counterfeit or unauthorized access devices; and (4) the knowing possession or use of device-making equipment. Congress enacted the Credit Card Fraud Act to expand the reach of federal jurisdiction in combating credit crimes.

Credit card fraud goes hand in hand with aggravated identity theft. The term “aggravated identity theft offenses” refers to the offense established at 18 U.S.C. § 1028A (aggravated identity theft). Elements of the aggravated identity theft offense are the following: (1) the defendant knowingly possessed a means of identification of another person; (2) the defendant knew that the means of identification belonged to another person; (3) the defendant knew that he was without lawful authority to possess the means of identification; and (4) the defendant possessed the means of identification during and in relation to a predicate offense. To satisfy the knowledge element of the offense of aggravated identity theft, the government must prove that the defendant knew that the means of identification at issue belonged to an actual person.

Aggravated identity theft is a very serious offense punishable by a mandatory minimum sentence of two years imprisonment.

Bank Crimes

There are many types of bank crimes including bank fraud (18 U.S.C. § 1344), false statements (18 U.S.C. § 1014), embezzlement (18 U.S.C. § 656), misapplication (18 U.S.C. § 657), false entries (18 U.S.C. § 1005 and 1006), and bribery (18 U.S.C. § 215).

If you have been charged with a bank crime, you should contact a skilled federal criminal defense lawyer right away to protect your rights and your reputation. Bank crimes are very serious offenses and most offenses can result in a fine of up to $1,000,000.00 and thirty years in prison.

Bank Fraud

18 U.S.C. § 1344 makes it a federal crime for any person to: (1) knowingly; (2) execute or attempt to execute; (3) “a scheme or artifice” to “defraud” a bank, or a “scheme or artifice” to obtain moneys, funds, credit, assets, securities, or other property owned by or under the custody or control of a bank by means of false or fraudulent pretenses, or promises. A conviction for bank fraud can result in a fine of up to $1,000,000, and thirty years in prison.

There are several viable defenses to a charge of bank fraud, including: (1) that the alleged victim of the fraud was not a federally chartered or insured institution; (2) that there was no specific intent to defraud.

False Statements

18 U.S.C. § 1014 makes it a federal crime for any person to make a false statement to virtually any financial institution for the purpose of obtaining a loan or other extension of credit. In order to obtain a conviction under 18 U.S.C. § 1014, the prosecutor must prove: (1) that the defendant made a false statement or report or willfully overvalued any property, or security; and (2) that he did so for the purpose of influencing in any way the actions of the bank.

A conviction for false statements can result in a fine of up to $1,000,000, and thirty years in prison.

There are several viable defenses to a charge under 18 U.S.C. § 1014, including that the defendant did not intend to make a false statement and/or did not intend to overvalue any property, or security.

Embezzlement and Misapplication

18 U.S.C. § 656 and § 657 make it a federal crime for a person to embezzle or missaply bank funds. In order to obtain a conviction for embezzlement or misapplication, the prosecution must prove:

(1) that the defendant was an officer or employee of the bank;

(2) that the accounts of the bank were insured by the Federal Deposit Insurance Corporation;

(3) that the defendant, being an officer or employee, knowingly and willfully embezzled and misapplied monies and funds of the bank; and

(4) that the defendant acted with intent to injure and defraud the bank.

Misapplication and embezzlement are separate and distinct offenses. The element that distinguishes embezzlement from misapplication is that the defendant must have lawful possession of the funds alleged to have been appropriated for his own use in order to be convicted for embezzlement.

A conviction for embezzlement or misapplication can result in a fine of up to $1,000,000, and thirty years in prison.

A skilled federal criminal defense lawyer can raise a number of defenses to these charges on your behalf. Most defenses to embezzlement and misapplication charges focus on the intent requirement, good faith, and knowledge and consent of the alleged victim.

False Entries

18 U.S.C. § 1005 and 1006 make it a federal crime to make false entries in the records of the bank with the intent to injure or defraud. Prosecutors will usually charge a defendant in an embezzlement or misapplication case with violating 18 U.S.C. § 1005 and 1006, since a false entry is often used to cover up the embezzlement or misapplication.

A conviction for embezzlement and misapplication can result in a fine of up to $1,000,000, and thirty years in prison.

There are many potential defenses to false entry allegations including accurate reporting, the degree of materialness of the matter reported, and omissions and ambiguities in the reporting. If you have been charged with false entries, you should contact a skilled federal criminal defense lawyer right away to protect your rights and your reputation.

Bribery

18 U.S.C. § 215(a)(1) makes it a crime for a person to: (1) give, offer, or promise anything of value to any person; (2) with the intent to corruptly influence or reward; (3) an officer, director, employee, agent, or attorney of a bank; (4) in connection with any business or transaction of that bank.

18 U.S.C. § 215(a)(2) makes it a crime for a banker to corruptly solicit, demand, receive, or agree to receive (or directing to any other person) anything of value with the intent of being influenced in his or her capacity at the bank.

A conviction for bribery can result in a fine of up to $1,000,000, and thirty years in prison.

Bankruptcy Fraud

A conviction for bankruptcy fraud can result in a fine of $250,000 and five years in prison for each violation.

Fraudulent Concealment or Transfer

18 U.S,C. § 152 makes it is a federal crime for someone who is declaring bankruptcy to fraudulently conceal or transfer assets. Actions constitute concealment if they prevent discovery or withhold knowledge of the asset. Each act of concealment and/or each transfer is considered a separate violation of the statute, leading to severe penalties which can result in a fine of up to $250,000 and five years in prison per violation. Prosecutors typically attempt to create as many counts as possible, and our skilled federal criminal defense lawyers can take multiple steps to protect you such as ensuring that each charge involves a separate act of concealment, taken at a discrete time, and accompanied by the requisite intent.

Defenses to bankruptcy fraud include, but are not limited to: (1) asserting lack of materiality of a false statement; and 2) that the defendant strictly followed the advice of bankruptcy counsel who was directing him to act in accordance with the law, thereby negating the mental state required for fraud.

Embezzlement by Custodian

18 U.S.C. § 153 makes it a federal crime to “knowingly and fraudulently appropriates to his own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor which came into his charge as trustee, custodian, marshal, or other officer of the court”. A conviction for embezzlement under 18 U.S.C. § 153 can result in up to five years in prison.

Purchase of Assets by Custodian

18 U.S.C. § 154 makes it a federal crime for a “custodian, trustee, marshal, or other officer of the court”, to “knowingly purchase, directly or indirectly, any property of the estate of which he is such officer in a case under Title 11″, or who “knowingly refuses to permit a reasonable opportunity for the inspection of the documents and accounts relating to the affairs of estates in his charge by parties in interest when directed by the court to do so.”

Unlawful Fee Agreements

18 U.S.C. § 155 makes it a federal crime for a debtor, creditor, receiver, trustee or representative or attorney of any of them, in any bankruptcy case to “knowingly and fraudulently enters into any agreement, express or implied, with another such party in interest or attorney for another such party in interest, for the purpose of fixing the fees or other compensation to be paid to any party in interest for services rendered in connection therewith, from the assets of the estate.” A conviction under 18 U.S.C. § 155 can lead to a fine of up to $250,000 and a one year prison sentence.

Hobbs Act Robbery

Pursuant to 18 U.S.C. § 1951, commonly referred to as the Hobbs Act, it is an offense to conspire in any way or degree to obstruct, delay, or affect commerce, or the movement of any article or commodity in commerce, by robbery or extortion. The Hobbs Act, which was passed by congress in 1946, is a broadly drawn statute designed to protect interstate commerce against a wide range of interference by racketeering, blackmail, extortion, violence, and threats. Hobbs Act convictions carry very serious penalties. It is not uncommon for someone who has been charged with a Hobbs Act Robbery to receive a sentence of 20, 30, 40, 50 years, and even life in prison. These sentences are far harsher than those handed out by state courts for similar offenses.

The Hobbs Act provides that acts of robbery or extortion, which are ordinarily punishable under state criminal laws, become federal offenses if they obstruct, delay, or affect commerce. Case law has broadly interpreted the requirement of an effect on commerce, generally requiring only a small obstruction or impact on commerce. As to proof of interference with interstate commerce, courts have repeatedly held that the government need prove that a defendant’s acts had only a slight, subtle, or de minimis effect on interstate commerce in order to satisfy the jurisdictional element. Furthermore, in the case of an attempted robbery that is punishable under the Hobbs Act, an actual effect on interstate commerce is not required, if it is shown that the defendants agreed and attempted to do acts that, if successful, would have affected commerce.

White Collar Crimes

Our Quincy based law firm offers clients skill and experience in dealing with government investigations and handling allegations of white collar crime. Daniel DeMaria, Esq. is available to represent corporations and individuals in all stages of criminal and regulatory enforcement proceedings, including issuers, individual officers and directors, audit committees, securities firms and other financial institutions in connection with investigations and enforcement proceedings instituted by the Justice Department, the Securities and Exchange Commission, and other federal and state law enforcement agencies. We handle white collar crime cases in Massachusetts and throughout the United States. We are available to handle complex white-collar crimes involving:

• Bank Fraud
• Blackmail
• Bribery
• Computer Fraud
• Counterfeiting
• Credit Card Fraud
• Currency Schemes
• Embezzlement
• Environmental violations
• Extortion
• Forgery
• Health Care Fraud
• Insider Trading
• Insurance Fraud
• Investment Schemes
• Kickback schemes
• Money Laundering
• Racketeering
• Tax Evasion

Federal Sex Crimes

Federal sex crimes often carry mandatory minimum prison sentences and sex offender registration requirements. The United States Attorneys’ Office for the District of Massachusetts vigorously prosecutes those charged with child pornography offenses including:

• 18 U.S.C. § 2251- Sexual Exploitation of Children (production of child pornography)
• 18 U.S.C. § 2251A- Selling and Buying of Children
• 18 U.S.C. § 2252- Sexual exploitation of minors (including possessing, distributing, and receipt of child pornography).

Other federal sex crimes include:

• 18 U.S.C. § 2241– Aggravated sexual abuse
• 18 U.S.C. § 2242– Sexual abuse
• 18 U.S.C. § 2243– Sexual abuse of a minor
• 18 U.S.C. § 2244– Abusive sexual contact

The U.S. Attorney for the District of Massachusetts aggressively prosecutes sex crimes in Quincy, and throughout the State.

The Federal Criminal Process

Those charged with a federal criminal offense go through one or more of the following stages:

• Federal investigation. In the course of a federal criminal investigation, it is not uncommon for a federal law enforcement agency to go to a person’s home (often early in the morning) to try to obtain an incriminating statement or requesting permission to enter a home or business (with or without a warrant). Federal prosecutors and law enforcement agencies may also serve subpoenas to obtain information from social medial platforms, telephone companies, email companies, and more. If there is any indication that you might be suspected of a crime, do not give a statement to the police or discuss the matter with anyone. Instead, contact Daniel DeMaria, Esq. right away to minimize the likelihood that you will be charged.
• Bail Hearing. Once a person is arrested, he or she must be promptly brought before a Federal judge for a bail hearing. This is one of the most important stages in the criminal process and can mean the difference between being incarcerated while preparing a defense, and being able to continue living normally. Pursuant to the Bail Reform Act of 1984, a defendant is generally entitled to be released on bail unless “the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community.” A skilled and experienced federal criminal lawyer can persuade the judge that a given defendant is not in danger of fleeing and that the person is not a danger to the community. Certain crimes carry a rebuttable presumption against bail which means that the court automatically assumes that the defendant is a danger to the community unless the defendant demonstrates otherwise.
• Discovery and Motions. A defendant is entitled to discovery pursuant to Fed. R. Crim. P. 16. This discovery often includes police reports, photographs, videos, wiretaps, and other offense. After reviewing discovery, a lawyer may be able to file certain motions including a motion for a bill of particulars, a motion to dismiss, a motion to suppress, and/or a motion to exclude evidence. Do not underestimate the importance of filing motions as they may give a defendant strong leverage in terms of plea bargaining and could place the defendant in a more advantageous position at trial.
• Criminal Trial. While many defendants plead guilty, some exercise their constitutional right to trial. The Law Offenses of Daniel DeMaria has experience representing federal criminal defendants in both bench and jury trials, and is able to advise clients as to which type of trial is better for a given case (almost always jury). The burden of proof is on the U.S. prosecutors to prove a defendant guilty beyond a reasonable doubt.
• Those who plead guilty or are convicted at trial must appear before a federal judge for sentencing. Pre-sentencing submissions to the probation department and the judge are of critical importance and can make the difference between probation and a long prison sentence.
• Those who proceed to trial are entitled to an appeal, provided that a timely notice of appeal is filed. Those who plead guilty without a plea agreement are generally entitled to appeal their sentence. Those who plead guilty pursuant to a conditional plea may be entitled to challenge pretrial rulings; often the denial of a motion to suppress.

FAQs

Daniel DeMaria, Esq.: Fighting for Your Innocence. Contact Us Today

If you find yourself facing federal criminal charges in Quincy, Massachusetts, your strongest ally is a local defense attorney. With the detailed knowledge of federal criminal law and the intricacies of the legal scene in the greater Boston area, The Law Offices of Daniel DeMaria, Esq. are here to serve you. Don’t face these challenges alone. Allow us to fight for you. Contact our office today to schedule your initial consultation.