Overland Park Federal Criminal Defense Lawyers

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Are you being investigated for a federal crime in Overland Park, Kansas? Or have you already been charged for a federal crime? In either case, make Joseph, Hollander & Craft your first line of defense. Our Overland Park federal criminal defense lawyers have decades of experience — and a track record of success — defending individuals in the District of Kansas and the Western District of Missouri against all types of federal criminal charges.

Types of Federal Charges Our Lawyers in Overland Park Take

Joseph, Hollander & Craft’s Overland Park federal criminal defense attorneys handle cases involving all kinds of federal crimes, including:

• White-collar crimes, such as
  • Fraud
  • Embezzlement
  • Money laundering
  • Income tax evasion
• Sex crimes, including child pornography offenses
• Drug crimes
• Gun crimes
• And everything in between

Simply put, there’s no federal crime charge we cannot or will not contest on your behalf. Our Overland Park federal criminal defense lawyers have decades of experiences and vast networks of outside experts upon which we can call to help us build your case. You can trust Joseph, Hollander & Craft to protect your interests and your future.

Pre-Charge Representation from Our Overland Park Federal Criminal Defense Lawyers

If you are the target of federal criminal investigation, hire a defense team early—before charges are filed, if possible. Particularly in federal white-collar criminal investigations, agents will collect evidence for a long time before they attempt an arrest. These investigative efforts may include:

• Grand jury subpoenas for testimony or documents issued to your bank or businesses associates
• Federal agents asking to speak with people about you or your business

Another telltale sign of a criminal investigation is a sudden freeze, stop, or closure of a financial account. If you notice these signs of a federal investigation, be on alert.

You may receive a target letter or a subpoena to appear before a grand jury. Target letters come from federal agents or prosecutors, and their purpose is to inform the recipient that he or she is a suspect in a federal criminal investigation. The letter should identify the crime you are alleged to have committed, but it may not be very clear. Grand jury subpoenas can be issued to people who may be indicted or who may have information about a person or business believed to have participated in a crime. Because target letters and grand jury subpoenas generally issue when charges are imminent, it is important to contact an experienced federal criminal defense attorney right away.

Finally, federal agents may execute a search warrant at your home or your business but not arrest you on site. That does not mean you will not be arrested or charged later. Particularly if law enforcement officers seize computers, tablets, phones, and other electronic devices, they simply may want or need to review that evidence before filing criminal charges. Contact JHC’s experienced federal defense lawyers in Overland Park and begin preparing your defense.

Our Overland Park federal crime attorneys represent clients at the pre-charge stage and act as their representatives when law enforcement officers come calling. We protect our clients’ constitutional rights and, when possible, negotiate deals to prevent charges from being filed or to limit the scope of the charges ultimately brought.

Federal Charges Already Pending? Contact Our Overland Park Defense Lawyers for Help

If federal criminal charges are pending against you, we can handle that too. Our Overland Park criminal defense attorneys have successfully defended federal cases in federal courthouses in the District of Kansas and the Western District of Missouri, and we know how to navigate the full range of complex federal criminal procedures. From your detention hearing all the way through trial, we will aggressively advocate for your rights.

Our team of federal criminal defense lawyers in Overland Park can defend even the most complex cases—including intricate conspiracies involving terabytes of discovery. And, because Joseph, Hollander & Craft has multiple attorneys who focus on federal criminal defense work, we have the manpower to hit the ground running on your behalf.

We will scour the prosecution’s evidence and collect our own to determine what defenses are in your best interest. We are well-versed on bases for seeking the suppression of evidence, know when a motion to dismiss may have teeth, and go full-bore when our clients have a triable case. In the event a plea agreement will provide the best possible outcome, we will negotiate in your best interests, advise you regarding available plea options, and present your best case for leniency at sentencing.

Hire the Right Federal Criminal Defense Lawyer for the Job

We know that hiring the best federal criminal defense attorney for your case is of paramount importance. Your choice of attorney may prove critical to avoiding or limiting incarceration, fines, and other consequences of conviction. Joseph, Hollander & Craft’s federal criminal defense attorneys have defended clients in the federal courthouses in Wichita, Topeka, and Kansas City for years. We have excellent working relationships with federal prosecutors and regularly appear before the judges in the District of Kansas and the Western District of Missouri. Our clients benefit not only from our legal acumen, but also from the respect we have earned with our colleagues.

Frequently Asked Questions

What is a grand jury, exactly?

A grand jury is a group of citizens who are empowered to review evidence presented by a prosecutor to decide whether it is sufficient to try an individual in court. Grand jurors are tasked with determining if prosecutors have established probable cause that a crime has been committed and that the individual suspected of the crime should be charged with the crime. If the grand jury decides that the evidence meets the probable cause standard, then an indictment will be issued against the suspect.

By rule, federal grand juries must consist of between 16 and 23 jurors. Grand juries typically serve for 18 months, but they may serve for up to 24 months (with an extension ordered by a judge). Although they do not meet daily the way a petit jury does during a trial, they meet often enough to consider multiple criminal cases presented by prosecutors. Their proceedings are kept private.

Is there any benefit to cooperating with the prosecution?

There are circumstances when it is beneficial for someone under investigation or already charged with a crime to cooperating with the prosecution. Potential benefits of cooperation include agreements to drop or reduce charges and agreements to recommend a favorable sentence. It may even be possible to cooperate in exchange for immunity so that prosecutors cannot pursue charges against the cooperating individual.

However, cooperating without consulting an attorney and having that attorney negotiate a deal on your behalf can undermine your goals. Often, the first people to request cooperation are not prosecutors but law enforcement officers investigating a case. Police officers and case agents do not have authority to make any agreement that will favor the cooperator. Their request for cooperation are usually attempts to obtain information that will later be used against you.

Our federal defense attorneys have the experience to negotiate agreements designed to protect our clients in exchange for their cooperation.

Does the federal government prosecute minors?

Yes, but rarely. Prosecution at the state level is preferred for juvenile offenders, but the Juvenile Delinquency Act (JDA) permits federal delinquency proceedings if a state does not have jurisdiction or will not prosecute. Most juvenile delinquency cases that stay in the federal system fall outside of state jurisdiction–usually crimes occurring in Indian Country.

The JDA applies to federal prosecutions against individuals who are (1) charged before they turn 21 years old (2) for a violation of criminal law committed before age 18. Anyone else will be prosecuted as an adult in the federal system.

The potential penalties are similar to the penalties applicable in state cases. Federal juvenile offenders may be released on a suspended sentence, ordered to a term of probation, required to pay restitution and/or incarcerated.

Do you handle federal appeals?

Joseph, Hollander & Craft handles federal appeals. If you are convicted in district court, it is imperative that you take immediate action to preserve your right to appeal since you have a very limited amount of time to do so. Federal criminal appellate practice is much different than district court litigation. Much of the work is written and involves identifying prejudicial errors that occurred in the district court (in other words, an appeal is not another chance to retry the original case). Let us get to work reviewing the circumstances of your conviction so we can determine whether you have grounds for reversal.

How does federal sentencing work?

The United States Sentencing Guidelines work in the background of every federal criminal case. Since they dictate what will happen in the event of a conviction, understanding how they work is critical to deciding whether to plead or try your case as well as evaluating when a plea offer is good enough to accept. Because the federal sentencing guidelines differ significantly from most state sentencing schemes, you need a federal criminal defense lawyer who knows the federal sentencing guidelines inside and out. We do.

Our Overland Park federal criminal attorneys will ensure that you understand your options thoroughly. We’ll clarify how relevant conduct could impact your sentence and whether a sentence below the statutory mandatory minimum might be achieved. Our federal criminal defense litigators have successfully obtained variances and departures for numerous federal criminal defendants. When you trust us with your federal criminal case, be assured that it rests in steady, capable hands.

What is relevant conduct?

Under the United States Sentencing Guidelines, a defendant’s recommended sentence will be determined by the conduct directly underlying his offense as well as “relevant conduct”— criminal activity not directly accounted for by a criminal conviction but connected or related to the crime of conviction. It may include conduct that served as the basis for charges that were filed but dismissed or even conduct that was never charged. In a case involving jointly undertaken activity, it can also include the conduct of others. This conduct may affect a defendant’s sentence even though it cannot be proven beyond a reasonable doubt. It is extremely important that your federal criminal defense attorney understands the law pertaining to relevant conduct and how it will affect your guideline sentence.

What is a presentence investigation report?

The presentence investigation report (PSR) is a document prepared by the United States Probation Office that sets out the facts of the case, the client’s personal and medical background, and criminal history; identifies the applicable provisions from the United States Sentencing Guidelines; and informs the court of the recommended sentence. Federal judges use these reports to guide them in deciding what sentence to impose.

A defendant can object to any fact or recommendation that is unsupported, and the judge will resolve those objections at the sentencing hearing. The resolution of those objections can have a significant impact on the ultimate sentence imposed.

Do You Have a Criminal Defense Attorney Near Me?

We are located at 10104 W 105th St in Overland Park, just off I-435 and US-69. We understand that convenience matters when it comes to selecting a criminal defense lawyer. For that reason we have additional offices in Kansas City, Lawrence, Topeka, and Wichita to serve you. Find out why so many Kansas and Missouri criminal defense clients have come to trust Joseph, Hollander & Craft. Schedule your confidential consultation with us today.