Charged Under 18 U.S.C. § 1951: What Happens Next

Most people charged under this section did not expect a federal case. The event was handled at first by local officers, weeks or months passed, and then a federal complaint or indictment appeared. Others are arrested at the end of an operation in which nothing was ever taken. Either way the question is the same, and it is a practical one: what happens now, and when do the decisions get made.

What follows sets out that sequence. If you or a family member has been charged under 18 U.S.C. § 1951, call Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation.

On this page

Arrest, Initial Appearance, and Detention

An arrest is followed by an initial appearance before a magistrate judge, where the charge is stated and the question of release is raised. In robbery cases the government ordinarily seeks detention, and the hearing happens quickly.

What decides it is the individual showing: verified employment, a stable residence, family members prepared to act as sureties, and a package of conditions the court can supervise. Those things have to be assembled in days rather than weeks. A detention decision is difficult to revisit, and preparing a defense from custody is materially harder, so this hearing deserves the same preparation as any other evidentiary proceeding.

Arraignment and the Schedule

At arraignment a plea is entered and the court sets a schedule for motions, expert disclosures, and trial. In the Eastern District of Virginia those dates are set early and kept, and work deferred in the expectation of a continuance is often work that does not get done.

Where there are co-defendants, the schedule is shaped by all of them. A client whose position differs from the group may need a different timetable, and raising that early is easier than correcting it later.

Discovery

Discovery in a Hobbs Act case usually includes police reports from the original local response, surveillance video, photographic arrays and the records of how identifications were conducted, telephone records and location data, extractions from seized devices, and, in cases arising from an operation, recordings made by a cooperating source.

Material favorable to the defense and material bearing on the credibility of government witnesses are disclosed under separate obligations and on a different schedule, and they are pursued by motion rather than by request. The organizing task is to test each element against what the file actually contains, beginning with identification and with the commerce evidence, which is often the thinnest part of the case.

Motions

Motion practice generally falls into three groups. Suppression motions address statements taken during the local phase or after the federal arrest, searches of vehicles, homes, and devices, and identification procedures that were suggestive. Motions in limine address what the jury will hear about uncharged events and about a defendant’s history. Motions directed at the charging document ask the court to require the government to state which events and which theory it relies on.

The record made in these motions matters beyond the ruling, because it fixes what an appellate court can later consider.

Resolution

Cases resolve by trial or by agreement, and the choice is made after the evidence has been tested. In a Hobbs Act case the terms of any agreement turn on which events are attributed to the client, whether a separate firearms count is charged or dismissed, what the guideline calculation looks like once the specific offense characteristics are settled, and what restitution is sought. None of that is visible from the charging document.

No lawyer can promise an outcome. A defendant is entitled to an accurate picture before he decides, and to the work that produces it.

Frequently Asked Questions

Why did a local case become federal?

Because the conduct alleged falls within 18 U.S.C. § 1951 where it affected commerce, and federal authorities may adopt a case that began with local officers. The decision is made by the prosecuting authorities and is not something a defendant can appeal. What it changes is the procedure, the discovery obligations, and the sentencing framework, and those changes are the reason to reassess the whole case from the start.

Can I be released before trial?

It depends on the showing made at the detention hearing rather than on the label attached to the charge. Employment, community ties, a proposed residence, willing sureties, and a workable supervision package are what the court weighs. Because the hearing comes quickly and the decision is hard to change, the preparation has to start immediately.

How long does a case like this take?

Longer than a state robbery case and less predictable, particularly where there are co-defendants or a large volume of recordings. This page does not offer a figure, because any figure would be a guess. Once the court enters a schedule your lawyer can describe the dates that actually apply.

Should I talk to investigators?

Not without counsel, and not in an unprotected setting. If a discussion is going to occur it should be under a written agreement whose terms have been read carefully, because such agreements restrict the use of statements in some ways and not in others. The decision belongs to the client, and it should be made after the discovery has been examined rather than in the first hours.

There is a gun count as well. Is it handled together?

It is charged in the same case but analyzed separately, because it arises under a different statute with its own elements and its own sentencing consequences. Whether it survives, and how it interacts with the guideline treatment of the robbery count, is a distinct question. Counsel should confirm the current text of that statute for what it carries.

Is there anything I should be doing now?

Two things, and both are time sensitive. Surveillance systems overwrite themselves, so footage that has not been requested may be gone before anyone asks for it, and a preservation request has to go out early. Records that establish where a person was, including telephone data and employment or transport records, are also easier to obtain while they still exist. Beyond that, the useful step is to say nothing about the case to anyone other than counsel.

What if the video does not show my face?

Then the identification rests on something else, and that something else is what gets examined: the description given before anything was shown, how any array was assembled and administered, what a witness was told afterward, and whether telephone or location data actually places anyone anywhere. Video that shows less than the report claims is a common and useful finding.

Working With Law Offices Of SRIS, P.C.

The opening weeks of a Hobbs Act case set its direction: the detention hearing, the preservation of video before it is overwritten, and an early assessment of how the identification was made.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm has been practicing since 1997. Mr. Sris and the firm’s Of Counsel attorneys handle criminal defense matters across those jurisdictions, which matters in federal practice because a single investigation frequently reaches conduct, witnesses, and records in more than one state. Mr. Sris brings a background in accounting and information systems from George Mason University, applied to complex financial and technology-related cases.

The firm serves Northern Virginia from 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209 and central Virginia from 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment. Call (888) 437-7747 to schedule. Request a consultation. Reach our location at (888) 437-7747.

This page provides general information about federal Hobbs Act robbery and extortion charges under 18 U.S.C. § 1951 and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney advertising. Prior results do not guarantee a similar outcome.

Attorney responsible for this advertising: Mr. Sris.