At Eisner Gorin LLP, a top-rated Los Angeles criminal defense law firm, we frequently defend individuals either under investigation for, or already charged with, federal crimes. While there is significant overlap in defense strategies between State and federal crimes, several key distinctions are worth discussing. Understanding these differences will make you feel more informed and better prepared for your legal journey.

Our criminal defense law firm frequently represents clients who are under investigation or have already been charged with various federal crimes.

If you or someone you know is under investigation by federal authorities or has already been indicted for a federal crime, immediate intervention by an experienced federal criminal defense attorney is not only crucial but also necessary to achieve the best possible outcome. This urgency is a key factor in the importance of legal representation, making you feel the necessity and urgency of the situation.

Our top-rated law firm understands the urgency of your situation. That's why we offer immediate phone consultations for defendants and family members to discuss options for representation. This immediate support should provide reassurance and make you feel less alone during this challenging time.

Federal crimes, as the name implies, are prosecuted by the United States government as opposed to one of the 50 states.

Federal Criminal Investigation

Federal prosecutions are handled by the United States Attorney's Office, a division of the U.S. Department of Justice. Various federal law enforcement agencies, such as the FBI, DEA, and ATF, handle federal investigations. However, federal agents frequently partner with State authorities, including local law enforcement, when conducting sting operations or executing search warrants.

In the investigative stage, federal authorities will often seek to interview the defendant in an attempt to elicit incriminating statements.

When faced with an investigation, clients are well served by retaining counsel at the outset to manage contact with the government on the client's behalf. This includes advising the client on their rights, preparing them for interviews, and ensuring that their interests are protected throughout the process. The defense attorney acts as a shield, protecting the client's rights and ensuring fair treatment during the investigation.

While it may not be possible to avoid charges being filed altogether, there may be opportunities for a pre-indictment plea agreement or even cooperation, depending on the allegations. This proactive approach can leave the client in a much better position than others who simply wait to be charged and arrested. A pre-indictment plea agreement can lead to a more favorable outcome, demonstrating the firm's commitment to securing the best possible result for the client.

We have had numerous cases in which the client works with our firm, law enforcement, and the assigned federal prosecutor to reach a favorable disposition before the case is formally filed in federal court. We can also file pretrial motions on your behalf.

Federal Plea Negotiations

Once a case is filed in federal court, the client faces an important decision. They can either negotiate a plea agreement to resolve the case or proceed to a federal jury trial. In federal court, plea bargaining is a much more formalized process than in State court.

While in State court, plea negotiations are typically an informal, discussion-based process that occurs between prosecutors and defense attorneys. In contrast, a federal plea deal is a formal written document with a detailed factual basis, explicit appeal waivers, and agreements regarding sentence recommendations.

Unlike in State court, a federal plea deal rarely results in a precise sentence that the defendant is guaranteed to receive. Rather, the government agrees not to advocate for a sentence higher than a certain amount, and the defendant, in turn, agrees not to advocate for a sentence lower than a certain amount.

Federal sentencing also differs from State sentencing in that the majority of federal sentences include some period of incarceration in federal prison.  Probationary sentences do exist and are granted to first-time offenders with low-level offenses, but prison sentences are the norm.

Federal Sentencing Guidelines

Another significant factor in federal sentencing is the applicability of the United States Sentencing Guidelines. On the face of it, the guidelines appear to be a purely mathematical calculation of a prison term based on offense level and criminal history category. 

However, a significant part of advocacy for federal criminal defendants is arguing the applicability of the numerous departure factors, which allow a judge to reduce or increase a guidelines sentence based on a multitude of factors.

As a result of federal case law, the guidelines range itself is now “advisory,” meaning that a sentencing judge in federal court retains significant discretion to “vary” from the guidelines based on yet another set of multiple factors.

An effective and persuasive sentencing memorandum is therefore key to persuading the judge to exercise their discretion in departing from the guidelines range, and then in further varying from that range for a total sentence which may be significantly less than what the initial guidelines range might indicate.

Another factor that differs in federal practice is the more prevalent application of mandatory minimum sentences, especially for drug offenses. Suppose the defendant possesses a relatively small amount of certain illegal narcotics. In that case, they may face a five or even ten-year mandatory minimum sentence from which the judge cannot vary.

State Court v. Federal Court

In a recent case, our firm represented two defendants in the Los Angeles County Superior Court who were charged with trafficking methamphetamines. 

It was a significant benefit to the clients that they had been indicted in State, rather than federal, court, as the amount of methamphetamines seized would have subjected them to a mandatory ten-year sentence minimum in federal court. In contrast, a State court prosecutor and judge agreed to only a four-year prison sentence, which could be served at 50%.

When faced with sentencing in federal drug cases, effective advocacy in plea negotiations is particularly important. It can potentially resolve the case in a way that avoids triggering these draconian mandatory minimum sentences, providing the defendant with a profound sense of relief and hope.

As in a State case, if a plea agreement cannot be reached, the ultimate remedy for the defendant is a federal jury trial. Twelve members of the public will reach a unanimous verdict after being presented with evidence and the arguments of the Assistant United States Attorney and the defendant's attorney.

Common Federal Crimes

• 18 U.S.C. § 21 - Counterfeiting,
• 18 U.S.C. § 371 - Conspiracy,
• 18 U.S.C. § 1030 - Internet Fraud,
• 18 U.S.C. § 1341 - Mail Fraud,
• 18 U.S.C. § 1343 - Wire Fraud,
• 18 U.S.C. § 1344 - Bank Fraud,
• 18 U.S.C. § 1347 - Health Care Fraud,
• 18 U.S.C. § 1348 - Securities Fraud,
• 18 U.S.C. § 1956 - Money Laundering,
• 18 U.S.C. § 1961 - Racketeering/Organized Crime,
• 18 U.S.C. § 2113 - Bank Robbery,
• 18 U.S.C. § 2251 - Sexual Exploitation of Children,
• 18 U.S.C. § 2252 - Child Pornography,
• 21 U.S.C. § 841 - Drug Trafficking.

Contact our Federal Defense Lawyers

Our Los Angeles criminal defense law firm boasts a proven track record of success in federal court, having successfully tried numerous criminal cases and achieved notable results. This success can bring a profound sense of relief and optimism to our clients and their families, instilling confidence in our potential clients.

We recently obtained an acquittal on RICO charges for a former gang member who was erroneously charged with maintaining association with a violent criminal street gang.

Additionally, aggressive advocacy by our attorneys resulted recently in an acquittal for one of our clients charged with a felony in federal court after a physical altercation on an airplane, which is a federal enclave.  The client was convicted only of the lesser-included misdemeanor of simple assault and received a probationary sentence.

Eisner Gorin LLP is a criminal defense firm in Los Angeles, California, which practices in State courts throughout California and federal courts nationwide.  We exclusively practice criminal defense and have over 60 years combined experience in pre-filing interventions, court representation, and jury trials.

If you or a loved one is under investigation or has been charged with a crime, contact our law firm at 877-781-1570 to discuss your legal options. Eisner Gorin LLP 1875 Century Park E #705 Los Angeles, CA 90067 310-328-3776.