Federal Criminal Defense
Federal cases are much more complex and require an experienced attorney with knowledge of the federal guidelines, sentencing and process.
Call Perez & Perez to
with your case - (714) 961-1966
There are numerous types of offenses that fall under the Federal Jurisdiction including: Any offense that violates the laws stated in the United States Criminal Code, such as Smuggling, Internet Crimes, Large Quantity Narcotic Conspiracy Cases, Bank Robbery, Bank Fraud, Mail Fraud, Wire Fraud, RICO, Counterfeiting, Telemarketing Fraud, Computer Hacking, Drug Possession/Sales, Child Pornography, Money Laundering and Tax Evasion. Further, any crime that is committed on federal property is subject to federal prosecution.
In the federal system, your defense team, the U.S. attorney (the prosecutor), the grand jury and the Federal Judge will decide your case. The U.S. attorney represents the United States. The grand jury reviews evidence presented by the U.S. attorney and decides whether there is sufficient evidence to require a defendant to stand trial. A federal district judge makes ruling on motions and grants orders and imposes sentencing.
First, when a person receives a subpoena to testify before a grand jury, as with an investigation, it is not always apparent whether the person is being subpoenaed as a witness or as a potential target for indictment. As with an investigation, a federal criminal defense lawyer advises a client who is testifying as to when it may be beneficial to "take the fifth." An experienced lawyer might be able to obtain immunity in exchange for testimony.
If an arrest is made, the judge advises the defendant of the charges at the Arraignment. A probation officer from pre-trial services will immediately interview the defendant and write a report to assist the judge in whether to release the defendant with certain restrictions, or to keep the defendant in jail.
Criminal cases include an exchange of evidence at the pretrial discovery proceedings. However the government case may include restrictions to protect the identity of government informants and to prevent intimidation of witnesses. Motions are filed, which are requests for rulings by the court before the trial. Defense attorneys file several of these motions at this stage which include: motions to suppress evidence and/or motions to obtain informants information to challenge, and numerous other motions as needed.
The attorneys also may file motions, which are requests for rulings by the court before the trial. For example, defense attorneys often file a motion to suppress evidence, which asks the court to exclude from the trial evidence that the defendant believes was obtained by the government in violation of the defendant's constitutional rights.
Defendants do not have to prove their innocence. The burden of proof is on the government to prove "beyond a reasonable doubt," that the defendant committed the crime.
The defendant is released if found not guilty at trial. The defendant cannot be charged again with the same crime in a federal court because of the protection of double jeopardy.
After trial, if the defendant is found guilty, the Federal Judge will sentence the defendant. A sentence may include time in prison, a fine and or restitution to the victims.
Crimes listed in the U.S. criminal code are all assessed a base offense value. Points are then calculated depending on the circumstances of the case. A federal district judge may then impose a sentence based on the total points given in the case.
Clearly, it is imperative that you are represented
by the Law Offices of Perez & Perez and their attorneys
who are familiar with federal court procedures.