Mark B. Arthur: Attorney at Law

In the federal system, felony charges range from drug charges and bank fraud to probation violations and  DUI. All of these carry the potential of one year in prison and some a maximum of life.  Each has separate elements that the U.S. Attorney must prove beyond a reasonable doubt by competent evidence.  However, most are serious felonies that are handled in District Court and remain on your record forever.

Any crime involving the use of a firearm is potentially more serious. This is because the U.S. Attorney can add the charge of possession of a firearm in the commission of a felony.  Depending on the felony, this can add five years to your sentence.  Some second offenses require a twenty-five year mandatory minimum sentence.

All federal charges are serious. The effect on your life of being convicted of any felony charge can be devastating.  Although potential prison sentences can be high, the mandatory time on many charges can be surprisingly high.  The only way to get out of these sentences is to have a defense team that understands the system and can work to get you the best outcome possible.

The Winning Approach to Federal Criminal Defense

An aggressive defense lawyer is critical. In many federal criminal cases, the U.S. Attorney relies heavily on the testimony of informants in order to prove its case.  Typically, informants are not the most reliable witnesses and are carrying around baggage of their own.  In the hands of a skilled defense attorney, the testimony of such witnesses begins to weaken.  In federal criminal cases, it is very important for the defense to cross-examine all of the potential prosecution witnesses.

Thorough preparation of the case is vital. The attorney and client should thoroughly discuss the circumstances of the incident and understand it completely.  Additionally, the attorney must have a complete understanding of the client’s prior history.  Discussions with the U.S. Attorney and agents involved are important to the success of the case.

You must be part of the team. Mark B. Arthur prefers a team approach.  While I will work hard to keep my trial skills sharp and my knowledge of the law current, no one knows the facts of your case better than you.  It is important that you are involved in your case and that you work with me.  The best results in your case will come when you have open communication with me and you make informed decisions in the case.

If You are Facing Federal Criminal Charges

Let's begin with the understanding that the agents are not your friends and they are not there to help you.  It is legal for them to lie to you.  Promises made by the agents are not enforceable. Miranda warnings may not help you, so if the police are investigating:

• Do not talk.  Be polite and courteous, but refuse to discuss the investigation with them.  You must have an attorney present to ensure that your rights are being protected. You should plainly and repeatedly tell them that you do not want to discuss anything with them and that you want an attorney present.  Do not allow yourself to be tricked or coerced by the police.
• Anything you say about the case to anyone, including most family members, can be used against you in court.  Many defendants hurt their case by discussing it with family, friends, co-workers, and police.  If you have made such statements, we will deal with it together.  If you have not, DON'T!
• Never consent to anything without the advice of your attorney.  This includes giving the police permission to search, draw blood or discuss the case with you.
• Never resist arrest.  If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully.  It is also important to immediately inform the officer -or any officer that tries to question you- that you do not want to talk without an attorney.
• The only information you should provide without consulting an attorney is necessary biographical information.  This includes your full legal name and address.  If the police want to fingerprint you after arrest, cooperate fully.
• Inform the officers that you wish to make a telephone call.  Get an attorney quickly, if you call family or friends have them contact an attorney.  You can reach us at 1-434-846-7111.
• Post bond as quickly as possible.  If you are advised of your right to have an attorney, your response should be, "I plan to hire my own counsel”.  At the advisement, do not try to talk to the judge about your case.
• Finally, meet with your attorney as soon as possible.  When you meet with me, be completely honest with your version of events.  Tell us about any past traffic record or witnesses who might help or hurt your case.  Remember that you are the most important part of your defense team.