Navigating Federal Court Procedures: Your Comprehensive Guide

If you face investigation for a federal crime or have been charged with a crime in a federal court, you should seek help from an experienced Los Angeles federal criminal defense attorney as soon as possible. A lawyer who understands the nuances of federal criminal law and procedure can help you effectively navigate the process that lies ahead and seek an outcome that protects you and your future.

At the Law Offices of Justin E. Sterling, we have over 20 years of experience defending residents charged with federal crimes in Los Angeles and Southern California. Contact us today for a free consultation and learn more about how we can help you.

What Is the Difference Between a State and Federal Criminal Case?

A federal criminal case is different from a state case. Generally, your case will be prosecuted as a federal crime and governed by Title 18 of the U.S. Code if it allegedly involves:

Violation of a federal law
Actions that occurred on federal property
Offenses committed by federal employees
Crossing state lines

In contrast to a state crime, a federal crime in the Los Angeles area is prosecuted in the U.S. District Court for the Central District of California, and not in a state court. The prosecutor is a U.S. Attorney, not a District Attorney, and the investigative agency is a federal one like the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), or U.S. Securities and Exchange Commission (SEC), instead of a local police department or sheriff’s office.

More importantly, federal criminal procedure differs from state law procedure, including the guidelines a judge must follow during sentencing.

Can You Be Tried Twice for a Federal Crime in California?

Under the Double Jeopardy Clause of the Fifth Amendment of the U.S. Constitution, you cannot be convicted twice for the same offense. However, jeopardy applies only if you are prosecuted for the same criminal acts by the same government, or “sovereign.”

State governments and the federal government are considered separate sovereigns. So, if you are alleged to have committed acts that would constitute a crime under California law and federal law, you can be prosecuted for those actions in both courts. The Double Jeopardy Clause will not protect you.

Types of Federal Offenses

The types of offenses which most commonly are charged in federal courts in California include:

Drug possession and drug trafficking
Human trafficking
Child pornography
Sex crimes involving interstate travel
Homicide
Financial fraud, healthcare fraud, and other white-collar crimes
Cybercrimes such as hacking into computer systems

Additionally, federal criminal prosecutions frequently involve forfeiture, or the seizure of real estate, personal property, and other assets.

What Happens in a Federal Criminal Case?

It is essential to understand the procedure that federal criminal cases follow, which can differ slightly from state criminal law procedure. Generally speaking, a federal criminal case involves the following stages:

Arrest, initial appearance, and bail – A federal criminal case typically starts with an arrest. Within 48 hours after the arrest, you should appear before a U.S. Magistrate Judge to determine whether you can be released on bail or your own recognizance.
Indictment or information – An indictment is a formal criminal charge that a U.S. Attorney files after presenting your case to a grand jury. Sometimes, a person is indicted without an arrest and makes their initial appearance before a U.S. District Court judge. An information is a formal charge that is brought without presenting the case to a grand jury.
Discovery – Like a state prosecutor, a federal prosecutor must provide you with the evidence it could use to convict you, including all documents, photos, video, witness statements, and forensic evidence, such as DNA or fingerprint analysis results.
Pretrial diversion – After you are charged, a federal prosecutor may agree to allow you to enter a pretrial diversion program. If you complete it successfully, the prosecutor can dismiss your charge.
Arraignment – If you are not eligible for a pretrial diversion program or fail to complete it, you will be arraigned. At this stage, you are formally informed of the charge against you. In turn, you must enter a plea of guilty or not guilty.
Pretrial motions – Before trial, both sides may file several pretrial motions. For example, if the federal government obtained physical evidence or statements in violation of your constitutional rights, you could file a motion to suppress that evidence, which means it cannot be used against you at trial.
Plea negotiations – Most federal criminal cases get resolved through plea agreements in which the prosecutor agrees to drop or reduce charges in exchange for you agreeing to enter a guilty or no contest plea. The agreement must still go before a judge, who can accept or reject it.
Trial – If your federal criminal charge is not dismissed or you cannot reach a plea deal, your case will go to trial. The trial will take place in a U.S. District Court. It will be governed by federal rules of procedure and federal rules of evidence, which differ from California law.
Appeal – If you have reason to believe that a legal error led to your conviction — for instance, the jury reviewed evidence that should have never been admitted — you can pursue an appeal in the U.S. Court of Appeals for the Ninth Circuit.
Post-conviction – Even if you are convicted and your appeal is unsuccessful, you may have grounds to file a petition for a writ of habeas corpus or pursue other forms of post-conviction relief in a federal court.

Federal Sentencing Guidelines

One of the biggest differences between state and federal criminal cases lies in the federal sentencing guidelines. As you can tell from the U.S. Supreme Court’s Guidelines Manual, these rules are lengthy and complex. However, your attorney should have a firm grasp of how these guidelines can be applied to your case and be prepared to offer evidence to help mitigate the punishment you face if convicted.

Common Defenses in Federal Criminal Cases

Despite the many differences between state and federal criminal law, the possible defenses available to you at trial are highly similar. Some of the most commonly offered defenses are:

Statute of limitations – If the federal government fails to obtain an indictment or file an information in your case within a certain period of time after the acts allegedly occurred, the case must be dismissed.
Alibi – In many cases, a federal criminal defendant can show that they were in a different place at the time a crime was allegedly committed.
Insanity – Even if a person is mentally competent to stand trial, they may still demonstrate that they were unable to appreciate the nature and quality of the wrongfulness of their actions when the crime occurred due to a mental disease or deficiency.
Entrapment – If you can prove that you were not predisposed to commit an offense, and instead, you were induced to commit a crime by a government actor such as an FBI agent, you could mount a successful defense to the charge.
Insufficient evidence – When the federal government’s evidence, even if accepted as true, fails to meet all the elements of a crime, a judge must dismiss the charge.

Reasons to Hire a Los Angeles Federal Criminal Defense Attorney

Timely intervention can be crucial in mounting a successful defense to a federal criminal charge. An experienced federal criminal defense attorney can help you by:

Ensuring your rights are protected and that you do not provide any potential self-incriminating statements or other evidence during the investigation of your case
Negotiating with federal prosecutors to get you enrolled in a pretrial diversion program or reach a plea agreement that allows you to avoid a conviction on all or some of the federal charges you may face
Seeking full disclosure of all relevant evidence in your case (and holding the federal government accountable when it wrongfully withholds such evidence)
Filing pretrial motions to suppress unlawfully obtained evidence, which could leave federal prosecutors without sufficient evidence to convict you
Challenging the federal government’s evidence and presenting a robust defense at trial
Conducting a thorough investigation of your case that includes gathering evidence that could be used to lessen the punishment you face at sentencing

The Law Offices of Justin E. Sterling: Your Choice for a Federal Criminal Defense Lawyer

When you need federal legal representation, choose the Law Offices of Justin E. Sterling. Our founding attorney, Justin E. Sterling, has a record of defending some of the most challenging and complex cases in both state and federal courts in Los Angeles, including more than 70 cases tried to a verdict. If you are facing a federal prosecution, we can offer not only our skill and experience but also resources that include an in-house team of private investigators. We are ready to fight for you.

As past client L. Martinez writes, “Justin is an incredible talent and effective attorney. Don’t be fooled by his quiet confidence and polished demeanor. He is a killer in court. Out-lawyered everyone in the courtroom. Case dismissed!”

Navigating Federal Court Procedures: Your Guide to the Legal Process