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Federal Criminal Cases
Separate and apart from our state system of prosecution is the federal system. Federal cases differ in many ways. Federal agents and prosecutors have far fewer cases than their state counterparts, and can devote more time and resources to each prosecution. Judges, not juries, determine punishment. That punishment is determined through federal criminal sentencing guidelines, which generally do not provide for probation, and instead give out very lengthy prison terms. Juries tend to be more conservative, as they are selected from the entire Austin Division (including Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, Travis, Washington and Williamson counties). A criminal defense lawyer does not get the extensive chance to interview juries — called voire dire — as they do in state court.
Most importantly, plea negotiations in federal court are usually just “open” pleas. The judicial philosophy is that the federal judge, aided by the federal probation officers and applying their sentencing guidelines, should determine a defendant’s sentence. This is different from state court, where most of the time the prosecutor and defendant agree upon a specific sentence.
In spirit, and in the law, there is a whole different set of rules and strategies between state and federal courts. Experience in the federal system is a tremendous asset. As a federal defense lawyer, Viktor Olavson has represented many hundreds of clients, handling trials, contested sentencing, supervised release hearings, and post-conviction motions and appeals.