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How is Bail Determined in Federal Criminal Cases?

What ends up happening is somebody gets arrested and then the US Marshals or the FBI or whoever is doing the arresting is typically going to take them into court.  In Los Angeles, they usually get you into court the same day in the afternoon for the 2:00 calendar Then what happens is the pre-trial services officers are going to be evaluating you and they’re going to write a report for the judge and then the magistrate or the judge is going to decide whether or not they’re going to give you a bail or whether you’re going to be...

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Out of State Federal Criminal Defense

I’ve handled a lot of out of state cases, even though I’m based out of Los Angeles, if people want me to go and represent them, obviously, as long as they can financially afford me and it’s the type of case that I enjoy defending. It really doesn’t matter whether your attorney is from in or out of state when it comes to federal criminal defense because it’s the same sentencing guidelines across the nation that the judges use to sentence all federal criminal defendants and it’s pretty much the same law. Some of the courts may have different rules,...

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When Should You Take Your Federal Criminal Case to Trial?

This is an important question because a lot of times people don’t want to plead guilty.  They don’t want to go to federal prison and serve 85% of the time and the bottom line is, they don’t feel like they’ve done anything wrong. So, they’re thinking about taking their case to trial, and obviously, the short answer to that question is, you take your federal criminal case to trial when you have a good chance of winning. To give readers a better understanding of when you should take your case to trial, our federal criminal defense attorneys are providing an...

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How Long Does It Take to Resolve a Federal Criminal Case?

This is a big question on a lot of people’s mind, because once they get arrested and they’re either released on a signature bond, a property bond, or even detained — which is horrible while you wait for your case to end — then you want to know how long is this case going to take in order to be finished. Our federal criminal defense lawyers are providing an overview below. Federal Judge Assigned to the Case There’s a lot of things that go into answering that particular question.  One big question is, who’s your judge?  Because a lot of...

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Your Attorney’s Job in a Federal Criminal Case

I think this is an important topic that a lot of people don’t really understand and the reason they don’t understand it is because they’ve probably never been charged with a federal crime before and they don’t know exactly how the system works to even be able to figure out what their attorney’s job is. Our federal criminal lawyers are providing an overview below. So, I can give you a thumbnail sketch on what your attorney should be doing and kind of what I try to do and I’ve been doing this now for over 26 years all over the...

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Importance of the Judge in a Federal Criminal Case

I would say when you’re weighing everything when you’re thinking about your case and exactly how you’re going to handle everything, the judge is probably the most important component of the case. The reason I say that is because in the end if the person is convicted or if the person pleads guilty, the judge is going to be the one who decides exactly what the punishment is going to be. That includes how long they’re going to spend in custody, what type of restrictions are going to be placed on the person.  Also, even leading up to a plea or...

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How do the Feds Deal with Robbery Distraction Crimes?

The crime that I see the federal government investigating and prosecuting a lot is these robbery crimes where people are following their victims around, either jewelers or other victims with cash from banks and then they will do some sort of a distraction maneuver.  For example, they’ll pop their tire. The person comes out to change it, they run in, grab the jewelry, grab the money or maybe the person comes from the bank, they follow the person from the bank and if the person leaves the money in the car, they break the car window and take the money...

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Hiring an Attorney During a Federal Criminal Investigation

Obviously, if you’re being investigated by the feds you’re going to want to consult an attorney.  The problem is that the feds will come and talk feds will come and talk to you and ask you if you want to give some information. They’ll start asking you some questions.  Sometimes they’ll tape record the conversation.  The bottom line is, if you say anything that’s incriminating or they deem incriminating, sometimes during the investigation phase, they won’t even tape record certain statements. Also, in interviews that they might give and they might say that you say something that you really didn’t...

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Does The Judge Have Any Input Into A Federal A Plea Agreement?

Where the judges’ power is in a federal case is at the sentencing. The judges have complete discretion, tempered by the sentencing guidelines. Prosecutors are the ones who control what the charges are that are filed against the defendant. Judges don’t usually interfere with the charges or with a plea agreement, unless they believe it is unfair. In that case, the plea would either have to be changed or the case would have to go to trial. Are Plea Bargains Available In All Federal Cases? Typically, with someone who has got federal charges against them, their case is set for...

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Can I Ever Withdraw A Guilty Plea In A Federal Case?

When you go into federal court to enter your plea, the judge goes through a long colloquy related to your rights, what you’re getting yourself into, and your discussions with your attorney. It is rare that a federal judge would allow a person to withdraw a plea. There certainly are grounds, in some cases, but again it is never a good idea. It could result in disaster, as far as a more serious sentence. If I Accept A Plea Offer And Plead Guilty, Can I Appeal This Decision Later? Built into most federal plea agreements is language related to the...

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