Federal Rules of Criminal Procedure

A well-versed federal criminal defense attorney, unlike an attorney who is not trained nor has experience in a federal trial court environment is always up-to-date on the current Federal Rules of Criminal Procedure. These procedural regulations are explicit to district courts, courts of appeals, and all other trial courts where the federal government maintains jurisdiction. They are put forward by the United States Supreme Court each May of the year they’re to be amended or go into effect. Although submitted in May, they don’t become operational until that coming December. These rules govern how all federal cases are conducted throughout the United States until and unless they are changed and/or amended the following year.

The Federal Rules of Criminal Procedure were approved by an act of Congress known as the “Rules Enabling Act” of 1934. They gave the Judicial Conference of the United States the power to write these rulemaking policies that apply to all federal criminal and federal civil matters. The Judicial Conference; an arm of the Supreme Court makes all policy regulations for the Court.

They were first introduced as the Federal Rules of Civil Procedure and soon thereafter adjusted to include criminal prosecutions. They were perceived to be groundbreaking at the time as they replaced the outdated “conformity principle” which had been the standard for the prior 140 years. The conformity principle specified that all federal courts should apply their doctrines to the laws of the state where they were located and the cases were tried.

It wasn’t for another forty years until Congress approved the Federal Rules of Evidence, although federal courts implemented and applied regulatory powers they were granted under the Enabling Act without Congressional intervention for that extent of time.

Congress denied allowing the Federal Rules of Evidence, also proposed in the Rules Enabling Act to be added until well after their 1973 authorization by the Supreme Court. These evidentiary rules were passed in due course but with significant alterations through Congressional legislation. They were enacted in 1975 and amended various times by both the legislative body as well as the Court.

To view the most recent updated edition of the Federal Rules of Criminal Procedure by separate links to categories, click here.

In a case when a federal criminal investigation has commenced or an arrest has been made, or proceedings are already in progress, it is crucial to be represented by a lawyer who is proficient with the comprehension of the Federal Rules of Criminal Procedure as well as the Federal Rules of Evidence. There are many outstanding lawyers in Dade, Broward and Palm Beach County that are exceptional in their areas of criminal defense but not all of them have a comprehensive understanding of how the federal court system operates as well as direct knowledge of the aforementioned guidelines and procedures.

My law firm focuses primarily on cases involving federal criminal charges. My continuing personal edification of changes made to these measures as well as a strong awareness of the workings of federal law enforcement agencies befits a strong asset when planning a successful defense to answering charges of a federal prosecution.

Additionally, prior to starting my private practice defense firm, I worked as a former Assistant United States Attorney frequently representing federal criminal charges brought against my clients by the United States Attorney’s Office for the Southern District of Florida as well as other federal cases throughout the United States. My law office can lead a defense that can help you with all and any federal criminal charges.

Don’t hesitate calling my office if you believe you’re the object of a federal inquiry, or if you or someone close to you has been arrested on a federal charge. The best resolution to any federal complaint begins with a consultation to discuss the best defenses available for any charges alleged.

To read more about the services I offer and view my credentials click here or call directly at 954.928.0059.