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Criminal Law
The Law Offices of Daniel Hunnicutt cautions that you should
consult with an attorney immediately if you believe you
or your business are the target of a federal criminal
investigation. While he will always be thoroughly
prepared to take a case to trial when the law and facts
of the case call for it, his involvement at the early
stages of an investigation means he can sometimes
persuade prosecutors not to file charges or, if charges
are brought, he may be able to negotiate a favorable
outcome through a dismissal, a diversion program, or
when the situation calls for it, a favorable plea and
sentence.
It is Daniel Hunnicutt’s ultimate goal to minimize the anxiety and
disruption caused by a federal criminal investigation by
giving his clients straight answers and a realistic
assessment of their case.
Before Charges Are Filed
If you have been notified that you are the subject of an
investigation, or have been summoned before a grand
jury, The Law Offices of Daniel Hunnicutt can
investigate the potential charges against you and advise
you on what to expect and how to conduct yourself during
the investigation or before the grand jury.
The Law Offices of Daniel Hunnicutt can also help clients under
criminal investigation negotiate proffer agreements with
federal prosecutors. A proffer agreement is a written
agreement between federal prosecutors and a witness or
subject of an investigation that permits the person to
provide information to the government with the
understanding that the information provided cannot be
used against the person in a criminal proceeding, except
under certain specific circumstances. A proffer may help
the government and the defense lawyer evaluate a
person's involvement or lack of involvement in the
subject matter of the investigation and if there is some
involvement, the lawyers can evaluate a client's
potential assistance to the government and how that
assistance may benefit the client.
Arrest
In the federal system, many people are advised that criminal
charges have been initiated by the receipt of a letter
advising them to appear before a United States
Magistrate on a certain date for arraignment on the
charges. If The Law Offices of Daniel Hunnicutt is
involved in the case, we would have already arranged
this appearance and attempted to come to an
understanding with the United States Attorney on the
issue of bond. Often, in these cases of self surrender,
an unsecured bond is appropriate. On the other hand, if
you are arrested by federal authorities without prior
notice, you or your family should contact The Law
Offices of Daniel Hunnicutt immediately so we can start
arranging for a bond hearing to secure your release.
Initial Appearance / Arraignment
At an initial appearance before a United States Magistrate, you
will be advised of the charges against you and the court
will take up the issue of bond for your release from
custody pending a disposition of the case. This is a
critical stage of the proceedings against you and The
Law Offices of Daniel Hunnicutt can guide you through
these processes. Today, especially in serious drug
cases, the government may move for your detention
pending trial without bail. It is important that you
have competent and experienced counsel with you at this
time. At an arraignment before a United States
Magistrate, you will be called upon to enter a plea to
the indictment and it is routine to enter a not guilty
plea at this time.
Pre-Trial Proceedings
Federal criminal charges are not only serious, but they can often
be complex. The government has enormous resources and it
is not unusual for there to be thousands of pages of
what is referred to as discovery. Discovery includes
investigative reports, statements by witnesses,
financial records and lab reports to name just a few.
The Law Offices of Daniel Hunnicutt will file
appropriate motions to insure that all pertinent
documents in the possession of the government are
released to the defense including favorable information
in their possession. The Law Offices of Daniel Hunnicutt
will review each document with you and map out a
strategy going forward. This may include investigation,
interviewing witnesses, securing additional records,
retaining experts if necessary, and conducting legal
research on what are often complex legal issues.
Additional motions will be filed regarding the
indictment, disclosure of specific information or
suppression of statements, and illegally seized
evidence.
Plea Bargaining
After a thorough review of the law applicable to the case and an
exhaustive review of all the facts that have been
gathered, The Law Offices of Daniel Hunnicutt will
discuss with you the various options that are available
to you. One of the options available will be to enter
into a plea bargain with the government. There are a
variety of plea bargaining arrangements that can be
pursued e.g. the government may agree to dismiss certain
charges in return for a plea of guilty to certain
others; the government may agree to certain stipulations
regarding sentencing factors such as the weight of
drugs, the amount of fraud, a person's role in the
offense; and whether certain enhancements apply or
certain mitigating factors should be considered. The
government may agree to recommend a certain sentence,
agree to the forfeiture of particular assets and the
waiver of forfeiture as to other assets, or if the
defendant co-operates in the prosecution of the case,
the government may agree to recommend a departure from
the advisory guideline sentence calculated under the
United States sentencing guidelines. In federal court,
plea agreements are memorialized in a written document
filed in the court and they are enforceable by either
party. Plea negotiations and drafting plea agreements is
an art and The Law Offices of Daniel Hunnicutt has been
involved in the negotiating and execution of scores of
such documents.
Trial
If a decision is made to go to trial, The Law Offices of Daniel
Hunnicutt will work tirelessly to ensure his clients get
the best possible defense, by aggressively
investigating, preparing, and defending their case,
using all available resources. He draws on the top
investigators, forensic experts, consultants, and
professional researchers to help him prepare and present
the facts of your case. Attorney Hunnicutt is
committed to never being outworked in a case.
Sentencing
A major factor in determining a sentence in federal court is the
advisory sentencing guidelines drafted by the United
States Sentencing Commission. Many clients wrongly
assume that the need for effective representation ends
upon conviction or the entry of a plea agreement.
Nothing could be further from reality. In his many years
of practice Daniel Hunnicutt has protected his clients
at the sentencing phase by thoroughly preparing them on
sentencing procedures, making sure pre-sentence reports
are complete and accurate, and arguing objections when
they are not. His goal is to obtain the lowest sentence
possible. A carefully prepared presentation at a
sentencing hearing can humanize the client for the
sentencing judge, help show remorse, and demonstrate why
a lighter sentence would still ensure that justice is
served.
If the client cooperated with authorities, The Law Offices of
Daniel Hunnicutt will also pursue what are called
downward departures from the advisory sentences set out
in the sentencing guidelines. 5K1.1 and Rule 35
departures are available to defendants who provided
substantial assistance to authorities.
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