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Why Hire a Lawyer Before a Federal Case Has Been Filed?

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 want to fork-out the money.  They figure, if I hire an attorney then they’re going to think that I’m guilty.  All of these things are just short-sided thinking, and arguably, the reason you got yourself in this problem in the first place. Criminal Investigation By Federal Law Enforcement...

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How Bail Works in a Federal Criminal Case

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 how serious it is, the person is likely to get some federal time anyway. So, the whole bail issue a lot of times, not always, is a sidetrack issue that really doesn’t allow the person to grapple with what they have to related to their federal criminal...

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What Happens at Initial Appearance in a Federal Criminal Case?

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 be given what charges they’re being accused of.  They will have an opportunity to speak to their attorney. That’s why it’s so important if you’re trying to get an attorney for a loved one who’s just been recently arrested by the feds, pick up the phone now and call...

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Status of Federal Criminal System During COVID-19 Pandemic

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 when there wasn’t a pandemic, whenever there was some sort of a court proceeding, I would say 95% of the time, the defendant and the attorney are going to be there. Video Hearings in Federal Court The federal judges do not want people in their courtroom.  That’s the bottom line I see, so...

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What is Necessary to Prove a RICO Federal Indictment?

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 members getting caught up and charged with RICO charges and in a lot of these cases, they’re facing the rest of their lives in federal prison. Federal prison for gang members is not good because they’re not able to do as many things...

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What To Do If Your House Was Raided By Federal Agents

What Should You Do if Federal Authorities Raided Your House with a Search Warrant? This is a common thing where the feds will get a search warrant and they’ll come in and take certain property, and believe it or not, they won’t arrest the person. If you’re reading this before that happens to you, which is usually not the case, it’s after the fact, of course the first thing I would tell you is not to give any statement to the police. When they come in it’s scary and a lot of times what they’re going to do is attempt...

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Why Can’t Some Defendants Bail Out in Federal Criminal Cases?

Why do Defendants Get Taken into Custody In Federal Criminal Cases and Cannot Bail Out? This is a common question and I see where people are being detained in federal cases and cannot get out.  People aren’t used to this, because in state cases, a person is almost always entitled to some sort of a bail, even if it’s a high bail, you could use a bail bondsman and bail out if you have enough money and enough equity. But in a federal case, the government actually has the ability to argue to the judge that you should be held...

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Can I Resolve My Federal Criminal Case Before Charges Are Filed?

Is it Possible to Resolve a Federal Criminal Case Before Charges Are Actually Filed in Court? The answer to this question is yes.  I have engaged in many prefiling negotiations with prosecutors.  Of course, the circumstances have to be right for this. Typically, the prosecutors will contact the defendant or if they know the defendant has an attorney, they can call the attorney and let them know they are about to indict that person. Sometimes, they even indict the person, but don’t actually have the person go to court. Especially now with the coronavirus, I’ve had some cases where a person...

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What Factors Determine How Child Pornography is Prosecuted?

What Determines Whether a Child Pornography Prosecution Is Dealt with by the Federal Government or the State? This is a big question because a lot of times what’s happening is, someone is coming to a person’s house or business, arresting that person or simply searching their house. They are taking computers, phones, tablets, trying to get a statement from the person and hopefully the person is not stupid enough to give a statement because that’s usually more evidence to prove that whatever computers they’re taking are their computer and a lot of times people even admit when it comes to...

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What Does It Take to Win a Federal Criminal Jury Trial?

I’ve been practicing federal law now for over 25 years and have handled numerous cases around the nation, many jury trials, and I believe that the first thing you need to win a federal criminal case is a solid argument that strikes at the heart of the prosecution’s theory against you. In other words, the prosecutors will file certain criminal charges against you.  You have to have a defense in your federal criminal case that the jury can relate to that basically negates or nullifies the government’s evidence against you. The government will surely have witnesses.  They will have a...

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