Federal Crimes Defense Lawyer

The prospect of federal criminal prosecution is understandably frightening. Your rights, reputation, and future are on the line. Prison is possible. During your time of greatest need, nothing is more important than securing quality legal representation. 

Turn to a California federal crimes defense lawyer from the Law Offices of Justin E. Sterling for help. Our legal team can help you navigate the criminal process and fight for the best possible outcome. With over two decades of criminal trial experience and a proven record of winning cases in federal court, Attorney Justin Sterling will provide the top-quality and personalized attention your case deserves. Contact us today for a confidential and free consultation.  

What is a Federal Crime?

Federal crimes refer to offenses that violate U.S. law rather than state law. Prosecution for federal crimes occurs in federal district courts, overseen by United States Attorneys representing the federal government and federal judges. 

Federal crimes tend to focus on offenses across state lines or national borders. Federal criminal investigations typically involve law enforcement agencies such as the: 

• Federal Bureau of Investigation (FBI) 
• Drug Enforcement Administration (DEA)
• Alcohol, Tobacco, Firearms, and Explosives Bureau (ATF)
• U.S. Marshals 
• Secret Service
• Department of Homeland Security (DHS/HSI) 

Examples of criminal offenses typically prosecuted under federal law include:

• Interstate kidnapping and human trafficking
• Mail/wire fraud
• Bank robbery
• Counterfeiting
• Computer hacking
• Interstate drug trafficking
• Medicare/Medicaid/Social Security fraud
• Distribution of child pornography
• Identity theft
• Homicide of federal employees
• Money laundering
• Securities fraud
• Embezzlement
• Tax evasion
• Racketeering
• Terrorism

The Role of a Federal Crimes Defense Lawyer

A federal crimes defense attorney protects a criminal defendant’s rights and advocates for their interests during prosecution. A defense lawyer can:

• Help a defendant understand their legal rights and options at each stage of a case, such as whether to speak to investigators or negotiate a plea agreement
• Explain the federal charges and potential outcomes to defendants to help them make informed decisions
• Investigate the defendant’s charges to obtain all available evidence and craft an effective defense strategy based on the facts and circumstances
• Negotiate a plea deal with prosecutors or present a compelling case at trial 

The Federal Legal Process

The federal criminal justice process begins with an investigation. Next, prosecutors present the evidence to a grand jury, which must decide whether the evidence establishes probable cause to believe the defendant committed a crime and, if so, issue an indictment against them. 

Following arrest, a defendant will appear before a federal judge to determine whether the prosecution has established probable cause to try the defendant and whether to detain the defendant pending trial. 

In many cases, defendants will negotiate a plea deal to obtain a more favorable sentence in exchange for pleading guilty and eliminating the need for a trial. However, when a defendant chooses to contest their charges, pretrial proceedings will involve:

• Discovery – The parties exchange evidence and file motions to admit/exclude it or dismiss charges for insufficient evidence.
• Trial – The prosecution bears the burden of proof to establish the defendant’s guilt beyond a reasonable doubt. 
• Post-trial motions – Examples include a motion for a new trial or a motion to vacate, set aside, or correct a sentence. 
• Sentencing – A federal judge reviews minimum and maximum penalties for a convicted defendant and mitigating factors to determine a sentence. 
• Appeal – Defendants can appeal an unfavorable decision to a Circuit Court. 

Potential Consequences of Federal Convictions

Federal crimes tend to carry much harsher sentences than state offenses, even for identical crimes like drug distribution. As a result, a federal conviction will frequently result in a sentence that includes a federal prison term. Defendants may also have to pay fines and restitution to the victims of their crimes.

Federal courts determine prison sentences by referring to the Federal Sentencing Guidelines, which provide advisory sentencing ranges based on a defendant’s offense and criminal history. However, federal judges have the discretion to stray from the guidelines based on their consideration of aggravating and mitigating factors in a defendant’s case, such as:

• The severity of the offense
• The defendant’s criminal history
• The defendant’s background and physical/mental health
• The defendant’s acceptance of responsibility and cooperation with law enforcement 

Federal convictions can also have consequences long after a defendant completes their sentence. A criminal record containing a federal conviction can show up in background checks, making it difficult for offenders to obtain employment, housing, educational, or financial opportunities. Various crimes also have additional collateral consequences, such as disqualification from the right to own or possess firearms or the requirement to register as a sex offender. 

Common Defenses in Federal Crime Cases

Depending on the type of criminal offense, a defendant facing federal charges may pursue various legal defenses, such as:

• Alibi – An alibi defense requires a defendant to prove they were somewhere other than the crime scene.
• Mistaken identification – Defendants might argue that a victim or witness could not identify them by showing the person had an obstructed view or did not get a good look. 
• Lack of possession – Defendants facing drug or firearms charges might argue that they did not have actual or constructive possession of the drugs or weapons. 
• Consent – Consent can serve as a defense to sexual assault charges by showing that the alleged victim consented (and had the legal capacity to consent) to the sexual act. 
• Mistake of fact – A defendant might argue that they lacked the requisite criminal intent because they had a good faith belief in a mistaken fact, such as accidentally taking someone else’s property instead of their own, identical property.
• Authorization – Defendants charged with theft or property-related crimes may argue that they had legal authority to take the property because they legally owned it. 
• Lack of intent – Many defense strategies argue that the defendant did not intend to commit the crime. 
• Unlawful search, seizure, or questioning – Defendants may have evidence or statements excluded from their cases by showing that investigators obtained them in violation of their rights.

How the Law Offices of Justin E. Sterling Can Help

A Los Angeles federal crimes defense lawyer from the Law Offices of Justin E. Sterling can help you following an indictment on federal charges by:

• Explaining your charges and the potential outcomes of your case
• Investigating your case to obtain all relevant evidence, not just evidence turned over by the U.S. Attorneys
• Evaluating the facts of your case to identify potential defense strategies
• Contesting the government’s case during pretrial proceedings, including filing motions to dismiss charges or exclude evidence
• Negotiating a plea deal, if appropriate, or presenting a vigorous defense at trial to show that the government cannot prove guilt beyond a reasonable doubt

The charges against you are serious. It’s time to fight back. Contact the Law Offices of Justin E. Sterling for a free consultation with a California federal crimes defense lawyer.