Criminal Defense Attorney

A former federal prosecutor and senior trial counsel with the U.S. Securities and Exchange Commission (SEC), Mr. Teakell is a veteran defense lawyer and founder of the Law Office of John R. Teakell, a Dallas-based law firm devoted to representation of individuals facing state and federal white-collar and criminal charges.

The Texas Super Lawyers list is compiled based on nominations from among the more than 70,000 practicing Texas lawyers, an extensive review by Super Lawyers researchers and a blue-ribbon panel of attorneys. This year's list is published in the October 2015 editions of Texas Monthly and Texas Super Lawyers magazines, and is available online at superlawyers

Mr. Teakell's white-collar defense practice includes cases involving fraud, embezzlement, computer crimes, environmental law violations, drugs and firearms violations, counterfeiting and criminal copyright infringement. Mr. Teakell's successes for his clients include many cases in which he was able to obtain early dismissals or significant charge reductions during the pre-indictment stage.

"Sometimes victory is a not guilty verdict from a jury," Mr. Teakell says. "Many times, victory is achieved by intervening to reduce or dismiss charges early in the process."

In addition to the Texas Super Lawyers recognition, Mr. Teakell has been honored as one of Time magazine's "Leaders in Criminal Defense," while Forbes magazine recently called him one of the top criminal defense lawyers in Texas.

Before entering private practice, Mr. Teakell spent 12 years as a federal prosecutor in U.S. Attorneys' Offices, including the Northern District of Texas and the District of Puerto Rico. His background also includes serving as a Senior Trial Counsel for the SEC.

The Law Office of John R. Teakell delivers proven representation for companies and individuals in a variety of white-collar and other criminal defense matters, including grand jury proceedings and internal investigations involving allegations of fraud, bribery, embezzlement, insider trading, stock option backdating, tax evasion, and public corruption. Read more about the firm at Hear

Criminal defense lawyer

A criminal defense lawyer is a lawyer specializing in the defense of individuals and companies charged with criminal conduct. Criminal defense lawyers can be permanently employed by the various jurisdictions with criminal courts. Such lawyers are often called public defenders. For a much more extensive discussion of criminal defense, see public defender. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Other jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case.

United States

In the United States, criminal defense lawyers deal with the issues surrounding an arrest, a criminal investigation, and criminal charges of the present or the past. It's important to note that an arrest simply means there is reasonable suspicion a person committed a crime. An arrest does not necessarily mean that a criminal charge has been formally stated by the court. Criminal defense lawyers also deal with the substantive issues of the crimes with which his or her clients are charged. Criminal defense lawyers may also stop charges from ever being filed. This is done when someone knows he or she is being investigated or is arrested. The person suspect hires a criminal defense lawyer to perform his or her own investigation and when evidenced presented to the court or prosecutor negates the investigation or charge that is about to be filed the charges do not get filed by the prosecutor.

In the United States criminal defendants are entitled to the presumption of innocence until prosecutors prove each essential element of a crime beyond a reasonable doubt. Serious crimes (e.g. felonies) in the United States are tried to juries of twelve people and the jury must be unanimous in its verdict to either convict or acquit the defendant. A split in the jury is often called a "hung jury" and may result in a retrial of the defendant. Criminal defense lawyers actively pursue their client's cause through all stages of a criminal prosecution.

Criminal defense lawyers in the United States who are employed by governmental entities such as counties, state governments, and the federal government are often referred to as public defenders or court appointed attorneys. These are often fresh law school graduates seeking to gain quick courtroom experience.

It is the job of a criminal defense lawyer to advocate for their client. Rather than formulating an opinion of guilt or innocence, a criminal defense lawyer must instead determine if the laws were followed in conjunction with their client's charge. A considerable aspect of this work requires the criminal defense lawyer to have a clear understanding of the United States Constitution. Specifically, the Fourth Amendment protects against unlawful searches and seizures while the Fifth Amendment governs the right to remain silent so one does not become "a witness against himself." All of the Amendments to the United States Constitution are guaranteed to the criminal accused via the Fourteenth Amendment. Thus, a criminal defense lawyer must understand each of these rights. Initial work on any criminal case involves review of the charges and the police reports that led to them with a watchful eye toward a Constitutional violation. Early stages of a criminal case usually require a preliminary hearing or grand jury process to determine if there exists probable cause for the case to continue. A violation of the Fourth or Fifth Amendment could result in evidence being inadmissible at trial. Accordingly, a criminal defense lawyer often spends a considerable amount of time reviewing all documentation to determine if the case can be won on Constitutional Grounds.

Should there not be Constitutional violations, much of the work of a criminal defense attorney then turns to negotiation. Often a criminal defense lawyer works to arrange a deal or plea bargain that permits their client to admit guilt to a lesser offense or that results in an agreed upon sentence should the accused plead guilty.

The process of becoming a Criminal defense attorney is similar any other legal practice area. Individuals looking to become a criminal defense lawyer will need to complete their undergraduate degree and enroll in law school. While in law school it is advised that individuals find work experience in the criminal law field. This experience can help further legal knowledge in the criminal law field and add valuable experience to a students resume. After graduating law school and passing the bar exam it is suggested that graduates apply to law firms or establishments specializing in criminal law.

United Kingdom

The name in British English is "defence counsel", or "criminal defence counsel".

Federal criminal defense attorney

Contents

• The Federal Criminal System
• Federal Criminal Investigations
• Grand Jury Testimony
• Federal Criminal Proceedings

The same general principles apply to hiring a federal criminal defense lawyer as apply to hiring any other criminal lawyer. It is highly recommended that any person hiring a lawyer to assist with federal criminal charges or grand jury proceedings retain a lawyer who has significant experience with the federal system.

The Federal Criminal System

The federal criminal system is in many ways like the state system, but it has some very significant differences. One difference is that the typical United States Attorney's office, responsible for prosecuting federal criminal charges, has significantly more time and resources to direct to any given prosecution than would a state prosecutor.

Federal prosecutors also typically have better academic credentials than state prosecutors, and many have a great deal of latitude in selecting the cases they wish to prosecute through the federal courts. Save for crimes which occur on federal land, those cases which fall exclusively to the jurisdiction of a federal prosecutor tend to be of an interstate nature, and are more likely than a state prosecution to be legally and factually complex.

As a result, federal criminal defense tends to involve cases which are more difficult to defend, and the cost of defense is often very high. In each federal jurisdiction there is also a Federal Defender's office, which can provide legal representation to indigent defendants.

Federal Criminal Investigations

If you are contacted by the federal authorities in relation to a criminal investigation, the first thing you must attempt to determine is if you are being contacted as a potential witness or as a suspect. The second thing you must determine is what statements you can safely make to the authorities without potentially falling into a trap, such as being charged with lying to federal agents. Consider for example the case of Martha Stewart, who was acquitted of any direct criminal wrongdoing but spent time in prison for making false statements to federal investigators.

A federal criminal defense lawyer can help you assess the nature and purpose of the investigation, and why you are being approached. While you should expect your lawyer to instruct you to provide honest answers to any questions from the federal authorities, your lawyer may be able to guide you around any potential traps or pitfalls. When appropriate, a federal criminal defense lawyer can be present during any questioning, act as an intermediary between you and the investigating authorities, or advise you to exercise your Fifth Amendment privilege against self-incrimination. If appropriate, a federal criminal defense lawyer may be able to work out a deal where you will cooperate with the investigation, in return for more favorable treatment when the investigation is concluded. In appropriate cases your lawyer may also be able to secure a letter of declination, in which the U.S. attorney formally declines to prosecute you in relation to a particular offense or investigation.

Grand Jury Testimony

When a person receives a subpoena to testify before a grand jury, as with an investigation, it is not always apparent whether the person is being subpoenaed as a witness or as a potential target for indictment. As with an investigation, a federal criminal defense lawyer can help a grand jury witness determine the likely purpose of the subpoena, how to avoid potential traps and pitfalls when providing testimony, or when to "take the fifth". The lawyer may also be able to work out a deal for immunity, or for use immunity (meaning that the testimony provided before the grand jury cannot be used to advance a criminal prosecution against the witness), in relation to the testimony.

Federal Criminal Proceedings

It is helpful during federal criminal proceedings to be represented by a lawyer who is familiar with the federal rules of evidence, federal rules of criminal procedure, trial procedure, and the federal court system in general. The lawyer should also be familiar with federal sentencing procedures, and with the recent Supreme Court rulings which affect sentencing. It helps to have a defense lawyer who is familiar with the U.S. Attorney's office which is handling the case, and ideally some familiarity with the federal investigative agency which spearheaded the investigation.

There is no such thing as a highly qualified federal criminal defense lawyer who dabbles in federal court matters. Lawyers either know federal criminal defense, or they don't. If you are involved in the federal criminal system, make sure your lawyer, or at least one of the lawyers who will be serving on your defense team, has extensive experience with the defense of federal criminal charges. As previously noted, federal criminal defense tends to be very expensive. You will be paying for specialized experience - so make sure you get it.