Mahoney

  • Our Team
    • Column Team
      • Team
      • Kevin J. Mahoney
      • Joan M. LeGraw
      • Georgia Pasqualone
      • Roisin
  • Practice Areas
    • Column One
      • Drug Offenses
      • Crimes of Violence
      • Sex Crimes
      • Motor Vehicle Offenses
      • Theft Crimes
      • Illegal Possession of Firearms
      • Obstructing Justice Offenses
      • White Collar Crimes
      • Federal Defense
      • Probation Violations
      • Restraining Orders
      • Professional Misconduct
      • Custody of Domestic Pets, Dogs & Cats Litigation
    • Column Two
      • Cyber Crimes
      • Hate Crimes
      • Appeals
      • Clerk Magistrate Hearings
      • Immigration
      • Civil Litigation
      • Civil Suits Against Law Enforcement
      • Personal Injury
      • College Crimes
      • Title IX Investigations
      • Juvenile Law
      • Estate Planning & Asset Protection
      • Last Will and Testament
      • Representation Before DCF
      • Dangerous or Nuisance Dog Defense
  • What Should I Do?
    • Cloumn One
      • Selecting a Winning Lawyer
      • Recommended Lawyers
      • Succeeding With Your Lawyer
      • Right to a Telephone Call
      • Miranda Rights
      • Should I Speak with Police?
      • Coping With Stress of Court
      • Bill of Rights
      • Mass Declaration of Rights
      • Street Encounters or Terry Stops
      • Cooperating With DEA or Police
    • Column Two
      • Common Defenses
      • Right to Self-Defense
      • Reasonable Doubt
      • What to Wear to Court
      • How to Behave in Court
      • Overview of the Justice System
      • Massachusetts Criminal Defense Lawyer
      • Cambridge Drug Trafficking Lawyer: Knock and Talk
      • Motor Vehicle Searches
  • Forensics
    • Column One
      • Forensic Experts
      • Preserving the Crime Scene
      • Collecting Evidence
      • Trace Evidence
      • Fingerprint Evidence
      • Autopsy
      • Gunshot Wounds
      • Stab Wounds
      • Drowning
      • Child Homicide
      • Rape Kit
    • Column Two
      • DNA Evidence
      • Forensic Dentistry
      • Forensic Botany
      • Toxicology
  • Mahoney in the Media
    • In the News
    • TV Appearances
  • Testimonials
  • Blog
  • Contact

Federal Justice System

overview-justice-system-1

Courts and Their Jurisdictions

Federal Criminal Defense Lawyer

To competently defend an individual accused of a crime, a criminal defense attorney must have an intimate understanding of not only the court system, but also the judges who will rule on his motions. This summary of our judicial system is for every day citizens who wish to learn the basics of our Federal criminal justice system.

U.S. Supreme Court

Supreme Court is the final arbiter of questions of Federal law or the U.S. Constitution. Regarded as the “court of last resort.” The court is comprised of a Chief Justice and any such number of associate justices fixed by Congress. Today, there are eight associate justices. The Court often resolves disputes between conflicting opinions of the various Circuit Courts of Appeals. The Court interprets neither state constitutions nor state laws, unless the state constitutions or state laws conflict with the U.S. Constitution or with federal Law.

We are not final because we are infallible, but infallible only because we are final.

~ Supreme Court Justice Robert Jackson

U.S. Court of Appeals

First instance appellate courts for appeals from trials and/or decisions of inferior Federal courts, including the federal district courts. There are thirteen federal judicial circuits. Although these courts can have several or more justices, normally three justices sit on a given appeal.

U.S. District Court

Trial court for the federal system. Each state has one or more federal judicial districts, and in each such district there is a district court. The district courts have jurisdiction over both civil and criminal matters. These courts exercise federal jurisdiction over cases involving federal laws or offenses and actions between citizens of different states.

Federal Public Defenders

In Gideon v. Wainwright, 372 U.S. 335 (1963), the Supreme Court held that the 6th Amendment Right to Counsel guaranteed impoverished defendants the right to a lawyer paid for by the State or Federal government. Gideon was charged in a Florida state court with breaking and entering into a bar to steal money and alcohol. He argued at his arraignment that he lacked funds to retain a lawyer to prepare his defense. The court refused to appoint him a lawyer, noting that defendants were entitled to appointed counsel in capital cases. Gideon defended himself in the trial; he was convicted by a jury and the court sentenced him to five years in a state prison. On appeal, the Supreme Court held that that the 6th Amendment’s guarantee of counsel was a fundamental right, essential to a fair trial, and made applicable to the states through the Due Process Clause of the Fourteenth Amendment. Justice Black commented that “lawyers in criminal courts are necessities, not luxuries.”

While the Gideon decision has done much to reduce the number of wrongful convictions, the number of wrongful convictions remains uncomfortably high. As Sandra Day O’Connor noted in a speech before the Minnesota Women Lawyers group:

If statistics are any indication, the system may well be allowing some innocent defendants to be executed… Serious questions are being raised about whether the death penalty is being fairly administered in this country. Perhaps it’s time to look at minimum standards for appointed counsel in death cases and adequate compensation for appointed counsel when they are used.

~ Sandra Day O’Connor

Until State and Federal governments offer fair compensation to criminal defense lawyers, court appointed work will continue to attract mostly less qualified lawyers to represent the poor. If a citizen must rely on the least able criminal defense attorneys to safeguard his freedom, his 6th Amendment Right to counsel amounts to little more than an individual, clad in a suit and tie, who offers a few words of encouragement as the court officers whisk him away to a holding cell.

Kevin J. Mahoney is a Federal Criminal Defense Lawyer. Contact us at 617-492-0055 to schedule a free in-office consultation with Attorney Mahoney.

PRINT THIS PAGE

TOP

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

    text

  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

    text

  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

    text

  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

    text

Call 617.492.0055

Available to Respond to Emergencies
24 Hours a Day

Directions

Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
© 2023 Mahoney Criminal Defense Group.
All Rights reserved. Privacy Policy | Disclaimer
footer-logo

For a Free in-office Consultation Call 617-492-0055

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
  • Practice Areas
  • Areas we serve
  • Mahoney In the Media