California Federal Criminal Defense Lawyers
Over the past twenty-five years, I've handled a lot of federal cases all over the nation. Just to give you a little overview of how these cases work – somebody gets indicted or arrested, and they're brought into court, and the first substantive thing that's going to happen is they're going to be given whatever charges they are facing. They will be allowed to have a lawyer, or they will have one appointed for them.
The person will then appear in front of a magistrate judge, typically, and the probation department will run a report basically indicating whether they think that person should be detained or whether that person could be released on some sort of condition.
It's slightly different than the state court where you get a bail bondsman, or somebody posts the bail for you, and then you get out. In federal court, they can just detain you where you can't get out. So, you want to get an attorney from the beginning to start fighting and get out of custody while the case is pending because sometimes these cases take a long time to settle.
Signature or Property Bond
Once you appear before the magistrate judge, that report from probation will typically be there. Often, they'll interview your family, find out what kind of equity you have in your properties, and really get a feel for whether you're a good candidate for release.
If you are a good candidate for release, they could release you by executing what's called a signature bond, where you basically agree to sign something saying that if you don't show up for your court dates in the future, you'll have to pay $25,000.00 to the government, for example.
Another way they do it is to have one of your family members or friends who can show that they actually have $25,000.00, in our example, sign the signature bond, and then they'll let you out.
Another way to get out would be through a property bond. Somebody has equity – they basically sign their property over to the government for a certain amount – whether it be $50,000.00, $100,000.00, or $200,000.00, and then if the person doesn't show up for future court dates and runs away, then the government is going to be able to get the money out of that property, so, before anyone would want to put up property, they want to make sure the person's going to show up because you don't want to have your property sold so the government can get their money, to pay the bond.
After they decide how you will be dealt with – whether you will be in or out of custody while the case is pending – they will assign a judge. The federal judges are tenured for life, meaning they can hold their position for life.
So, some of that is hit-and-miss. Sometimes, you get a judge, and that's a bit more difficult regarding sentencing. You get a more reasonable judge at other times, and then there's right in the middle. So, it depends on the jurisdiction you're in. Right from the beginning, you can get lucky or unlucky depending on which judge is assigned to your case.
Judge Assignment
Once a judge is assigned to your case, you'll typically get the rules for that judge's court. A lot of these judges do it differently. Some judges I've seen will have you appear fairly quickly in their court and will make the prosecutors lay out their evidence against you.
I've seen this take an hour or two. At the same time, the judge basically grills the prosecutor over trying to lay out what evidence they are going to proceed with, asks questions about it, challenges the evidence, and really, what the judge is trying to do is to give everybody an idea of what the evidence is, what evidence is missing so that the case can be moved along quickly. In other words – hey, what are you missing?
Do you have the tapes on this? Could you turn that over to the defense by this date?
So, some of the judges take a proactive role in getting their cases moved along, and then they're going to put pressure on the lawyers to move the case. At the same time, other judges don't get involved in that. They have their rules set up, and you just have to abide by them.
Otherwise, you will be in a position where they will force you into a trial. You'll lose the ability to file motions, so you must be in tune with the judge's rules regarding your particular case.
Filing Legal Motions
Other things that can be done in a federal case are that the person can file any appropriate motions—like a search and seizure motion—if the police search the location and the person feels like they did so illegally. Sometimes, they use wire-tap evidence. Motions can be filed to say that the wiretap was illegally obtained and that the judge did not have probable cause to issue it. Sometimes, people are illegally stopped.
There are all sorts of different motions that can be filed, but you're going to file only some motions in some cases. You have to see what the case is all about and the evidence, and then your defense attorney will decide what to file for a federal case.
Once the motions are filed—if there are any motions—there typically is going to be a status conference date. Not in all judges' courts, but in most, and really, what the judge will be looking for on that particular date is—all right, how are we going to proceed? Is this case going to trial? Is this case going to be resolved?
Once the judge has an idea, the dates and deadlines can be set, and they can deal with their case and move it out of there. While all of this is happening, the prosecutors can undoubtedly offer a plea agreement to the defendant, which is basically an agreement saying that here is what we would offer if you would plead.
Here's where you'd kind of be in range-wise for your sentencing. Here's what factors you can argue. Here's what factors you can't argue.
A lot of times, they'll take away your right to appeal the case if you enter into a plea agreement with them, and that's something you're going to want to sit down with your attorney and go over the agreement, see if you think that it's fair and then take it from there.
So, if you can work out a plea agreement with the government, then obviously, you sign the plea agreement, and your attorney will proceed to sentencing. Ultimately, the judge will decide what your sentence is. Still, of course, there are certain parameters that are dictated by your criminal record, what's in your plea agreement, and what the charges are in the particular case. There's a whole bunch of different factors that obviously, you're going to want to talk about with your attorney.
Another thing that could also happen in the case is that you could set the case for trial, in which case you'd be entitled to pick a jury, and the jury would decide whether you're innocent or guilty.
Federal Criminal Defense in Los Angeles
Regarding federal cases in Los Angeles, I've been handling them for the past twenty-five years. Los Angeles, as far as federal cases go, is known as the Central District of California, and all the federal crimes that occur in its jurisdiction surround the L.A. area and are investigated by the FBI, Secret Service, Drug Enforcement Agency, Homeland Security, ICE and other branches of the federal government.
The federal court in downtown Los Angeles is located on First Street near Broadway. It's a new building that was completed in 2017, and all the judges have moved to it and are handling their cases there.
When charged with a federal crime, the best strategy is to start with the end in mind. Decide how to handle the case from the beginning and stick to the plan all the way through. Of course, strategy can change depending on the case's direction. However, having a plan in place from the start can make all the difference in the world regarding the decisions made as a federal case winds its way through a sometimes unforgiving system.
Our federal criminal defense attorneys have handled thousands of federal and state cases all over Los Angeles and are knowledgeable about all federal laws and courtroom procedures. Our experience and skill equip us to adequately and competently defend you if you are facing a federal crime.
Suppose you have a federal case in the Central District of California in downtown Los Angeles. In that case, you will start at the Roybal Building, where there will be an arraignment where the charges will be alleged against you, typically through an indictment. You will appear in court. You will be given a copy of the indictment and at that time you will be assigned a judge at the post-indictment arraignment and your bail will be dealt with.
Either you will be detained or released on some sort of condition. The various conditions can include a property bond or a signature bond, where somebody signs on your behalf and pays a certain amount if you don't show up to court. A federal judge in downtown Los Angeles can impose other terms when they let you be released.
Typically, the probation department will weigh in by way of a report on whether they believe you should be detained or released on some condition. That report will be prepared and given to the judge and the attorneys when you appear in federal court in downtown L.A. The judge will review that report, listen to both attorney's arguments, and ultimately decide whether you can be released or you will be detained pending your case.
Federal Criminal Judges Downtown Los Angeles
At the post-indictment arraignment, you will be assigned one of the judges. These judges are tenured for life, and once you're assigned to one of these judges, that will be your judge for the remainder of the case.
At that time, you'll either be sent to the judge's courtroom or set another date for you to appear in the downtown L.A. court based on your federal charges, or they will choose another date.
The attorney will be given the court's rules that you were assigned to, and typically, a status conference date will be set so the judge can check the case's status and determine whether it is going to proceed to trial.
Additionally, there will be a trial date set where your case will be tried unless somehow it is continued, typically by way of some stipulation between your attorney and the prosecutor. The federal prosecutors are called Assistant United States Attorneys and, as I indicated before, are typically assisted by the FBI and other federal agencies that investigate federal offenses.
What Type of Cases Can Be Charged as Federal Crimes?
There are a wide variety of criminal offenses that can be charged federally. The conduct just has to hit interstate commerce in some way, whether it be from state to state, whether it be using the telephone or the mail—there are a number of different ways to establish federal jurisdiction.
However, the feds do not take all cases. In fact, they take a very small percentage of cases filed across the country. They're looking to deal with cases that are complicated, cost money, and are difficult to prosecute that the state simply does not have the resources and manpower to prosecute. I see them prosecuting big federal drug crimes involving gangs and other RICO-type behavior.
I see them prosecuting any type of large healthcare fraud scheme again with the sophistication that requires investigation, surveillance, and the resources of the federal government to investigate the case truly. I also see them investigating child pornography because it involves the internet.
They have forensic experts who go through people's devices, whether phones or computers, and they can get through any technology that blocks people from downloading or seeing what a person's been looking out for.
There's a whole host of crimes that the federal prosecutors deal with, again, depending on their own internal policies, as to whether or not they will deal with a certain subject matter.
They have their own rules for deciding which cases to prosecute federally and which cases to let the states deal with. As a federal criminal defense attorney, I can appear in any federal court across the nation. Some courts just require that I have local counsel with me. We retain local counsel in those courts and work together to get the best resolution for our federal criminal defendants.
Best Strategy to Defend a Federal Case
Having defended federal crimes for the past 25 years, I can tell you unequivocally that hiring the right criminal defense attorney for you and your case is crucial. Once you have narrowed your attorney by experience and results, I suggest a face-to-face meeting to see if you want this particular attorney to represent you and what interests are related to your federal case. With so much on the line, you need to have a true connection with your attorney and genuinely feel they are the right person for the job.
If you feel comfortable with them, the other people in the system will also. Your attorney's attitude and demeanor will play a vital role in successfully resolving your case with the judge, prosecutor, and even a jury if necessary.
Preparation is another key to the defense of a federal crime. The feds usually have the advantage of having investigated a case for several months or even years, and then they arrest the person, and it is time to defend yourself. Having a federal criminal defense attorney who can quickly level the playing field makes all the difference in the world.
I like to sit down and meet with my clients right from the beginning so we can decide the direction of the case from the outset. This way, we do not waste our time or make moves that are counterproductive to our overall goal or even to the best result in your case.
For example, if we have to negotiate with the prosecutor because they have a strong case against you, then it is probably not a good idea to do or say things that will make them think you will cause them problems and make their job difficult. This will likely make them defensive and put you in the worst positions.
Difference Between State and Federal Crimes
One major difference between a federal crime and a state offense is the serious nature of the crimes in federal cases. In other words, the federal government usually does not get involved with prosecuting a person unless they have done something serious or to a large extent.
Because the federal government has more resources and investigative power than the states, they usually save these resources for the most severe crimes. Like, for example, large drug conspiracies, sex crimes affecting children on the internet, bank robberies, or more serious, complicated crimes that require manpower and sophistication to crack the case.
The punishments in federal crime cases are usually much harsher than in state cases. For example, in big drug conspiracies involving large amounts of narcotics, there are mandatory minimum sentences that start at ten years in federal prison.
All federal custody time across the nation is served at 85%, and the judges have the ultimate power to sentence a person to the maximum sentence for the crimes they plead to without anyone being able to stop them.
In state cases, the defendant usually knows exactly what their sentence will be when they plead guilty. If you are being charged with a federal crime, I suggest you consult someone who has experience defending these types of crimes at the federal level and has a track record for success.
In my experience, the best strategy when charged with a federal crime is to start with the end in mind. What I mean by this is that my clients and I will decide how we will handle the case from the beginning and stick to the plan all the way through. Of course, the strategy can change depending on the case's direction.
However, having a plan in place from the start can make all the difference in the world regarding the decisions made as a federal case winds its way through a sometimes unforgiving system.
Our federal criminal defense attorneys have handled thousands of federal and state cases throughout Los Angeles. Our federal attorneys are knowledgeable about all federal laws and federal courtroom procedures. Our experience and skill equip us to adequately and competently defend you if you are facing a federal crime.
We will educate you on how the federal criminal defense system works and explain to you in detail all your available options. Federal cases are indicted after an investigation by a federal agency or law enforcement.
The results are submitted to the Federal prosecutor's office, where a further investigation is conducted. Most federal criminal cases are prosecuted under Title 18 (most federal crimes) or Title 21 (drug crimes) of the United States Code.
Types of Federal Offenses
Our attorneys at the Hedding Law firm have handled fraud-related federal crimes, such as false financial statements, insider trading, insurance fraud, healthcare fraud, mail fraud, mortgage fraud, online fraud, and unemployment insurance fraud.
We have also handled federal drug charges and identity theft cases. We know how serious these charges are, so we guarantee all our clients dedicated and aggressive representation. Federal case trials occur before U.S. District Judges and are tried before a jury (unless otherwise agreed by all parties). The U.S. Attorney's Counsel represents the government, and we represent the defendant as we fight aggressively for his/her rights, freedom, and reputation.
Federal Judges are responsible for sentencing, and they are required to consult the Federal Sentencing Guidelines. Our Los Angeles Attorneys are well-informed about the Federal Sentencing Guidelines and any mitigating factors we may use to receive a lower sentence to benefit you.
Although the sentencing guidelines are recognized as mandatory, they are more like advisory. As you, a Federal Defense Lawyer, we do whatever we can to get the best results with minimal penalties.
We aim to do everything possible to get you the most favorable results. If you or someone you know is facing a federal crime, save time by contacting our federal defense attorneys and setting up a free face-to-face consultation.
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