There’s no time to waste once charges have been leveled against you; it’s critical to speak with a criminal defense attorney who has a proven track record of successfully defending federal crimes. When your future hangs in the balance, you need the type of experienced and aggressive representation that Superior Law Center in San Diego can provide.
Contact us 24/7 at (619) 743-9130 to arrange for a free confidential consultation with our highly skilled federal crimes attorney. We offer over 15 years of fighting and winning federal cases throughout California.
THE DIFFERENCE BETWEEN STATE AND FEDERAL CRIMES
A state crime violates a law passed by the state legislature. A District Attorney prosecutes state crimes that are addressed under the jurisdiction of the state’s penal code. By contrast, a federal crime violates a law that’s been passed by the United States Congress. A federal crime addresses national concern and is prosecuted by the U.S. Attorney. The following are the primary functions of each classifying entity within a federal criminal case:
- Federal Criminal Defense Attorney: the defendant’s attorney who is the representative throughout every aspect of the proceedings.
- S. Attorney: the prosecuting attorney who brings charges against the defendant.
- Pretrial Services: the agency that monitors the defendant from the point of arrest until the trial is scheduled.
- Grand Jury: reviews the evidence brought by the U.S. Attorney to determine if there is enough evidence to continue to trial.
- S. Probation Office: the agency that assigns an officer to monitor the convicted felon from the point of sentencing until termination of supervision or probation.
TYPES OF FEDERAL CRIMES
- federal drug trafficking
- drug manufacturing
- wire fraud
- mail fraud
- child pornography
- computer hacking
- money laundering
- tax fraud/evasion
- securities fraud
- healthcare fraud
As part of the pretrial services offered in every federal judicial district, you will meet and be interviewed by a services’ agent before you’re arraigned to determine your candidacy for bail. The following background information is taken into consideration:
- Prior criminal history
- Employment history
- Military record
Once all of the information is obtained, it’s presented to the judicial officer for bail consideration. If the judge sets bail, you will be informed of the terms, and you must immediately report to pretrial services. Pretrial services will then monitor each defendant as deemed necessary and assist with locating community services prior to trial.
FEDERAL CRIMINAL CASE DEFENDANT’S RIGHTS
Every defendant in a federal crimes case has the following basic rights:
- The right to a trial by jury
- The right to a not guilty plea
- The right to counsel, regardless of whether or not you can afford one
- The right to call witnesses who can testify on your behalf
- The right to confront and cross-examine any witnesses against you
- The right to not be forced to incriminate yourself
FEDERAL CRIMINAL CASES AND ARRAIGNMENT
The judge reviews your case and all investigation records. At the arraignment, which is the initial hearing, you will be informed by the judge of the charges the U.S. Attorney has filed against you. This is your opportunity to enter a plea; you should enter a not guilty plea until you and your attorney have reviewed the discovery of evidence against you.
The judge will consider the following factors in determining whether you should remain in jail or post bail:
- The severity of the crime
- Weapons involved
- Injury or threat to the victim
- Danger to the community
- Flight risk
- Immigration status
- Prior criminal record
FEDERAL CRIMINAL CASES AND DISCOVERY
Discovery is the evidence the prosecution, in this case, the U.S. Attorney, has against you. It is of paramount importance to determine your defense strategy. Once you know the federal criminal charges your facing, you and your attorney may decide to enter a plea agreement through negotiation with the prosecution, or you can proceed to trial.
According to Rule 16 of the Federal Rules of Criminal Procedure, a defendant is entitled to receive five types of information as follows:
- Defendant’s written or recorded statements that are in the government’s possession or control
- Defendant’s prior criminal record as documented by the government
- All documents or items that the government intends to present as evidence, or those that belong to the defendant, but are in the government’s possession or control
- Examinations and reports that are necessary for the defense, or which are intended for use by the prosecution
- A written summary of the expert testimony to be presented by the prosecution
FEDERAL CRIMINAL CASES AND BURDEN OF PROOF
Put simply, the burden of proof is on the prosecution to prove beyond a reasonable doubt that the defendant committed the crime. It is not the defense’s responsibility to prove your innocence. That being said, it is the responsibility of your defense attorney to hold the U.S. Attorney accountable for adhering to the standards of federal law.
A San Diego Federal Crimes Attorney with Superior Law Center possesses the knowledge and skill to vigorously defend your case.
"Eric is very good at being your voice in the field of law. If you need some that is responsible, when it come to taking care of your legal needs. This lawyer has gone the extra mile for me and so has the great people he works with. I thank you."
We also offer little or no money down, and offer affordable payment plans to those who need help. At Superior Law Center, our experienced San Diego trial lawyer will use the best defense strategies possible to protect your innocence and your future! ALL of your rights will be protected immediately, and we will NOT stop until we have secured your freedom and gotten the BEST possible outcome for you or your loved ones.
Often times, we can stop police investigations before you EVER get charged with a crime. (If you have NOT been formally charged, read more about pre-file investigations.)