What Federal Criminal Cases Does Your Firm Typically Handle?
I've been doing federal cases for about 25 years, and there are not many categories of federal cases. The federal government usually gets involved when it's a serious situation and requires more than just minimal investigation. They use the power of the federal government to investigate. The federal government has the best technology.
I am handling cases involving big drug transactions, possession for sales, trafficking, and all sorts of drug offenses, and the Feds get involved in that. Also, with serious sex crimes, the federal government will become involved in bank robberies because the banks are federally insured.
Just about anything that affects interstate commerce will be dealt with by the federal government if it's being done on a large scale and they're better suited to deal with it.
Do You Take Cases From Outside Of California?
Yes, I take cases in all of the 50 states. The federal sentencing guidelines are a nationwide thing, so basically that means that every single court in the United States at the federal level uses the federal sentencing guidelines.
I'm admitted before the United States Supreme Court and can practice in any national court. Some courts have different requirements for where I can come in as Pro Hoc Vice, and I need to get a local counsel. The regional counsel and I together will work on the case, but yes, I can go anywhere, and I've been to almost every state in the nation over the past 25 years.
Differences Between Federal And State Criminal Charges
A lot of the federal state crimes can be charged either at the federal or state level. Usually where I see the dividing line is the seriousness and the complexity of the offense.
For example, a lot of the big drug cases that involve RICO violations, alleged gang members being involved, and organized crime are being dealt with by the federal government because of the scope of what's going on.
They have to do long surveillances, and wiretaps are involved, so the Feds are better suited for this to have more manpower and money, so they are prosecuting these types of crimes.
Things like bank robberies because the banks are federally insured, the Feds will usually get involved. Feds have power over everything, and if a case comes in, meets their policy, and comes across their desk, they will deal with it.
I have seen cases where I've got somebody being prosecuted federally and a different person being prosecuted at the state level, and the person at the state level is getting a much better deal than the person at the federal level.
There really isn't any rhyme or reason why one is state and one is federal. This is no hard and fast rule, but the bottom line is that the Feds usually get involved to prosecute a federal crime when it has a serious impact on interstate commerce and is so complex that they feel they're better suited in the state to deal with it.
How Do I Know If My Case Will Be Filed In Federal Or State Court?
You often will know if your case will be filed in federal or state court when they file it. Then you're obviously either arrested or alerted through your attorney that you will be indicted and need to appear in federal or state court.
A lot of times, I see cases filed at the state level, and ultimately, the state dismisses the case, and the Feds pick it up. This is not really something that you can gauge. Your best bet is to speak to your attorney about it because your attorney will be able to speak to the prosecutors and better gauge whether your case is likely to be filed federally or at the state level.
What Should I Do If I Am Being Investigated For A Federal Crime?
If you are being investigated for a federal crime, your first move should be to contact an attorney. Please set up a face-to-face meeting with them, go in there, and give them all the information related to your case. Please don't leave anything out or put any spin on it. Could you tell them what you know about the case even from the prosecutor's or law enforcement's standpoint?
Even if you don't hire that attorney, anything you say to that attorney will be protected by the attorney-client privilege. If you give them all the information and they're familiar with handling federal criminal defense cases, then obviously, they're going to be able to advise you best.
If the prosecutors are involved at that point, they can contact either the investigating agency or the prosecutors, and they should be able to get a pretty good feel for what's going on without jeopardizing your right to remain silent; now, that's the key.
Avoid talking to the Feds when being investigated for a federal crime. I very rarely see that ever helping the person. Invariably, it hurts them when they speak to federal agents.
