Government Litigation
Introduction
When the government is the prosecuting party of a proceeding in criminal or civil court, before an administrative court, or an investigation in any of these areas, you need counsel. State government has statewide investigative agencies and local police departments at its disposal. The Federal government is even more highly resourced. Government entities routinely target individuals and organizations for investigation and prosecution for a wide range of criminal, civil, and regulatory liability. Northstar Litigation attorneys are highly experienced in a wide spectrum of government litigation. ​
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Please check out our for further discussion of specific scenarios and applicable law.
Criminal Defense
When a state or federal government arrests you or otherwise charges you with a violation of criminal law, the worst case scenario is that you will end up with a prison sentence. This outcome is the primary factor that distinguishes a criminal prosecution from any other kind of case -- civil or administrative, or something in between. This sometimes confuses people because many of the same state and federal laws that authorize criminal prosecution also authorize civil remedies, like money sanctions or injunctive relief.
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Generally speaking, your exposure -- meaning, what kind of sentence you could face -- for a criminal offense depends on two things: (1) the alleged and provable facts, (2) your criminal history, if any.
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In state prosecutions, the first matter to address is bail or bond. In federal court, this is called detention, and while the release factors are similar in both forums, there is no cash bail in the federal system. Generally, once the charge is received through an arrest or indictment and after the bail or detention issue is resolved, the discovery process begins. This process can take months, and in some cases, years, depending on the complexity of the circumstances. The defense attorney should be conducting their own investigation and evaluating the government's proof for two purposes: (1) Determining whether sufficient evidence exists to prove that a criminal offense occurred; and (2) Determining whether the government obtained the evidence in the appropriate manner. If the case cannot be resolved after determining these issues, the case will be set for a jury trial typically followed by a sentencing hearing.
Investigations
Investigations into alleged criminal conduct precede many prosecutions in both state and federal courts. An investigation can be an opportunity to resolve the situation before it results in an arrest, indictment, or otherwise transforms into a prosecution.
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Northstar Litigation attorneys are highly experienced in defending prosecutions and investigations by state and federal authorities.
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