Federal Criminal Defense Attorney in LA

FEDERAL CRIMINAL DEFENSE LAWYER IN LOS ANGELES
Being arrested and facing criminal charges are scary things.  That is only amplified by the severity of a Federal case.  Luckily, you do not have to deal with this scary situation yourself.  Having a skilled Los Angeles-based Federal Criminal Defense Attorney on your side is imperative to achieve the best possible outcome in your Federal case.  Federal investigative agencies are better-trained, better-equipped and have the resources to focus their investigations on a specific target.  With increased funding and increased powers since 9/11 and the 
"Patriot" Act, as well as continued use of government wiretaps and other privacy invasions, Federal Criminal Cases have grown in recent years.  Very few Federal cases are ever actually made against terrorists, but the Federal Government agencies are using their new powers to target a wide variety of criminal offenses, most frequently: drug conspiracy, illegal re-entry, felon in possession of a firearm, as well as a wide variety of financial crimes, discovered by the SEC.  Federal Law Enforcement Agencies include: D Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA), Department of Homeland Security (DHS), Bureau of Alcohol, Tobacco and Firearms (ATF), Central Intelligence Agency (CIA), US Secret Service, Internal Revenue Service (IRS), US Border Patrol, Immigration and Customs Enforcement (ICE), US Marshall Service, Federal Air Marshal Service and United States Postal Inspection Service, with prosecution handled by the US Attorney's Office.

Federal Case Process
Federal cases usually begin with investigation.  The investigation is turned over to the US Attorney's office, who decides whether to file a document called a complaint in court.  This document alleges that the defendant has committed a crime within the jurisdiction of the Federal Court and US Attorney's office.  The defendant will either be sent a notice to appear, or an arrest warrant will be issued to have the defendant brought to court.  If the defendant was arrested, the first court date should be within 48 hours.  At the first court date, your criminal defense attorney can argue to have bail lowered or for your release.  This decision is up to the judge, but negotiation with the Assistant US Attorney (AUSA) is important.  Unless waived by the defendant, the case will then proceed to indictment, where a grand jury decides whether the government has sufficient evidence to justify proceeding on charges.  If the grand jury finds enough evidence or if the defendant waives his right to a grand jury, the case will proceed to arraignment on the information or indictment.  Here, the defendant enters a plea to the charges.  Whether the case will go to trial or resolve during pretrial hearings depends on a lot of factors, including the strength of evidence and any defenses, exposure under the sentencing guidelines and much more.  

Concurrent Jurisdiction
Federal Criminal Cases are either cases charging a violation of Federal Law, or cases charging a violation of law on Federal Property.  The Federal prosecutors (the US Attorney's Office) and state and local agencies often have concurrent jurisdiction over crimes.  This means that a lot of the time, when someone violates a Federal law, they are usually also violating a state law.  If someone is violating a state law, the crime might also rise to a .  Typically, cases investigated by state and local authorities are submitted to local prosecutors for filing.  Federal Agencies investigate crimes in an effort to make a Federal Case.  Sometimes the US Attorney's office does not feel they have enough evidence to proceed in Federal Court, but the investigation is then turned over to a local agency.  For example, the DEA does a drug bust, but does not get enough evidence of a criminal conspiracy.  After the US Attorney's office rejects the case, the DEA might forward their reports on to a local agency to pursue state charges.  Conversely, a local agency might arrest an illegal immigrant, who fingerprint records show has previously been deported.  This makes a very easy Federal case for the US Attorney's office to boost its conviction rate.

Federal Sentencing Guidelines
One major difference of Federal vs. California criminal charges are the strict sentencing guidelines.  In California, the sentencing phase gives judicial officers broad discretion to sentence defendants.  In Federal cases, the federal sentencing guidelines, which take into account the severity of an offense and the defendant's criminal history, often proscribe very long prison terms, with the minimum sentence in a Federal case often exceeding the maximum possible penalty had the state, and not the Federal government filed the case.  Sentences are very high in order to discourage defendants from fighting their case and taking it to trial.  While the government still has a high burden of proof in Federal trials, the risk of a very long prison term is often too great for a defendant to risk trial.  Instead, the government is hopeful that defendants will roll over on other criminals or take a quick plea bargain.

Fast Track
The US Attorney's Office has implemented the "Fast Track" Early Disposition Program, which gives those who plead guilty early on in the Federal proceedings a better sentence.  "Fast Track" offers a three level reduction under the federal sentencing guidelines.  For defendants with little to no record, and/or those with relatively minor offenses, an early plea can help to avoid a long sentence, and sometimes allow for no prison time at all.

High Conviction Rate
Due to the skill of the law enforcement agencies and very long possible sentences in Federal Cases, most cases end in a guilty plea.  Assistant US Attorneys often have lofty career ambitions, and use their conviction rate to advance in politics or the law.  Often, this leads to Federal prosecution in cases that are easy for the government to prove, hence the prevalence of many felon in possession of a firearm cases as well as illegal re-entry.  Proving that a felon was in possession of a firearm often requires the testimony of one officer and the defendant's criminal record.  Proving that someone, who fingerprint records show was previously deported, illegally re-entered the country is often provable by the defendant's very presence.  

Cooperation with Law Enforcement
The other objective of the high sentencing guidelines is to get defendants to cooperate with law enforcement agencies in the apprehension of other, usually more criminally involved associates.  For example, someone facing 2-4 years in state prison for a drug crime may not be willing to "snitch" on a higher level dealer, but that might change when the same defendant is facing 40 years.  

If you have been arrested by a federal law enforcement agency (DEA, FBI, ATF, etc.) and charged with a crime in Federal Court, contact the Law Offices of Nicholas Loncar to discuss your case with a skilled Los Angeles Criminal Defense Attorney.  Federal cases are serious and carry very severe consequences, but you do not have to fight your case alone.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Published By: Nicholas Loncar | Written by Nicholas Loncar

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