Federal Crimes Blog

This issue comes up all the time where someone's car is being searched, and then the police or agents find something illegal, and then they're charged at the federal level, and that person is saying, I don't understand how or why the police/feds can search my car. A lot of times, what I see is t...

Let's review a motion for reconsideration of bail if you've been detained in a federal criminal case.  If someone makes their initial appearance in front of a magistrate judge in a federal criminal court and the government argues that the judge should detain that person, and the judge agrees and ...

There are a lot of mandatory minimum crimes in federal law.  You're mainly talking about the safety valve coming into play when you're charged with a drug offense with a mandatory minimum sentence.  Let's say, for example; you have more than 50 grams of methamphetamine.  That triggers a 10-year m...

We are sometimes asked if federal agents are allowed to stop somebody when they are conducting a criminal investigation? The answer to this question, in general, is no.  The feds nor the state can stop anybody for no reason whatsoever.  They're going to have to have what's called probable cause. ...

In federal drug crimes, weight is huge because every drug has a specific weight that if you have that weight or greater, it can trigger a five or ten-year mandatory minimum in federal prison.  So, when you're talking about that kind of number, you begin to realize that weight is crucial. Sometime...

Many people charged with moving drugs end up being caught on a wiretap.  Sometimes their phone is tapped by the federal government; other times, someone else's phone is tapped, and they end up speaking to that person and getting caught on the wire. To challenge a wire tape situation, your...

Were you arrested for a federal criminal case? Is it possible to stay out of custody while your case proceeds through the court? This is a big question on many people's minds because either they have been arrested or they're thinking they're going to get arrested or a family member and trying to ...

I've been doing this now for almost 30 years, handling matters at the federal level all over the country.  I think I have a pretty good feel for those attorneys who I would consider among the best. Of course, I am including myself in there, so a lot of the things I am touching upon, I believe I p...

Are You Looking at a Long Federal Prison Sentence if You're Involved in a RICO Case? Organized crime in the United States is generally described as a criminal enterprise with members engaging in illegal activity for financial gain. The federal RICO Act was first used by prosecutors to go after mo...

What Should I Do After the Feds Search My Home and Take My Computers in a Child Pornography Investigation? If anyone is found possessing, producing, selling or distributing any material depicting a child under 18 in a sexual manner, they could face federal charges of child pornography under 18 U....

If you're charged with a federal crime, you obviously don't want to go to prison for a long time. Probably one of the biggest factors that will get you a short sentence is if your attorney can convince the judge that you're not a threat to the community and you don't deserve to get a lengthy sent...

There are a whole host of factors that judges and prosecutors look at when dealing with federal criminal cases and giving lengthy sentences.  One of the biggest, obviously, is whether you've committed a crime that has a mandatory minimum. For example, there are certain theft offenses that a 2-yea...

For the most part, judges in federal court, at least across the criminal courts, are really trying to prevent litigants from coming into their courtroom. They are mostly seeing video and WebEx type appearances, meaning that all parties will appear on video. Nobody is really going into the courtro...

A lot of people get confused when it comes to these federal criminal cases.  They don't realize that even though your attorney is going to argue for the lowest possible sentence, and the prosecutor sometimes will ask for the highest possible sentence, that the bottom line is, ultimately the judge...

When it comes to federal criminal cases, over the last 27 years, I would answer that question yes, absolutely.  There's no way you can phone in your appearance in a federal criminal case. Now, with the Coronavirus, that's pretty much the only way the federal courts are doing business.  I've had a...

Are There Any Trends In The Federal Realm Between Everything That's Happened In 2020 With The PPP Loan Frauds? Is There Any Type Of Case That The Federal Government Is Going After More? The federal government is definitely investigating any type of fraud that's related to the funds that were give...

I've been doing federal criminal defense now for the past 27 years, and I think one of the most powerful traits that the best criminal defense attorneys has is a well-rounded background as it relates to defending federal criminal cases. That means: understanding how prosecutors deal with cases...

Sentencing guidelines in federal cases across the nation, in my opinion, having done this for 27 years, basically act as a guideline for the judge, the prosecutor and the defense in how and what sentence a criminal defendant will receive in a federal case. What I mean by that is, it is undisputed...

What is the Benefit of Hiring a Federal Criminal Defense Attorney Before the Case is Filed? A lot of people get wind that they're being investigated and instead of getting to an attorney right away hiring them pre-filing, they just bury their head in the sand and hope for the best. They don't wan...

This bail issue comes up all the time, and unfortunately, people are so zeroed in on it, they forget about the fact they actually have a federal criminal case pending against them. Regardless of whether they or their loved one gets out on federal bail, that case is not going away.  Depending on h...

Typically, when somebody gets arrested, especially here in the Central District, Los Angeles and that area, someone is going to be taken into the court. I've seen the arrest being made early in the morning and then the person makes the 2:00 calendar in the federal court, at which time they'll...

The COVID-19 pandemic has changed federal criminal practice significantly. One of the biggest things that is being prevented from happening is criminal defendants actually going into the courts. It's very rare now that you see a defendant being able to appear in court.  Whereas, every other time ...

A lot of these big drug conspiracy cases that are charged, not only are people facing prison, they're facing mandatory minimums. That's the killer when it comes to federal drug prosecutions. There's a whole chart and a whole table that I go through with my clients when we sit down and meet if the...

This RICO charge is a very serious one and a lot of times when I see people getting wrapped up in a RICO charge it involves multiple defendants. In other words, it's not just one person getting indicted at the federal level, it's a bunch of people getting indicted. A lot of times we will see gang...

How is it Determined Whether a Case is Filed at the Federal or State Level in a Large Drug Seizure? In these big drug seizures where kilos of cocaine, methamphetamine or some other drug are found and the person is taken into custody, the question becomes, is the case going to be state or federal?...