San Diego Federal Criminal Defense Lawyer

Being accused of federal criminal charges in San Diego is a life-altering event with severe consequences that could significantly impact your future. Federal crimes often carry penalties that are more severe than similar offenses prosecuted in California's state court system.

When the stakes are this high, you need a legal team with unparalleled experience in federal courts; regardless of where your alleged crime occurred, our team's expertise is your best defense.

Edward J. Schwartz United States Courthouse, 221 West Broadway, San Diego, CA 92101

Eisner Gorin LLP has a long history of success in federal cases, including in the Southern District of California, which oversees prosecutions in San Diego and its surrounding areas. Our proven track record will help protect your rights and work toward securing the best possible outcome in your federal case.

If you're under investigation by a federal agency or have been arrested on federal charges, it's crucial to seek immediate legal representation. Refrain from making any statements until you've consulted with a lawyer.

You need to seek the counsel of a legal team with vast experience in federal criminal defense. Most defense lawyers have not dealt extensively with complex, high-stakes criminal investigations, which is the category of most white-collar investigations, or federal agencies such as the FBI, OIG, IRS, or DEA.

Our federal criminal defense law firm has a nationwide presence and a record of achieving favorable outcomes in major federal criminal investigations.

While there are some situations in which a plea bargain will represent the best possible outcome, our skilled San Diego federal criminal defense attorneys prefer to negotiate with the federal prosecutor to avoid the filing of charges in the first place. If charges have already been filed, we will negotiate to get them dropped before a conviction, giving you the best chance for a positive outcome.

The Edward J. Schwartz United States Courthouse is located at 221 West Broadway, San Diego, CA 92101, and the phone number is (619) 557-5600.

The James M. Carter & Judith N. Keep United States Courthouse is located at 333 West Broadway, San Diego, CA 92101.

Federal Crimes Commonly Prosecuted in San Diego

San Diego's location near the U.S.-Mexico border makes it a focal point for federal investigations and prosecutions. The Southern District of California is among the busiest federal court jurisdictions in the nation, handling a wide range of cases.

Federal authorities aggressively pursue offenses, often after lengthy investigations that require detailed defense strategies. San Diego sees a variety of federal crimes prosecuted, including:

White-collar crimes: Wire fraud, mail fraud, securities fraud, insurance fraud, bribery, and money laundering.
Drug trafficking: Narcotics smuggling is a high priority due to the region's proximity to the border and involves severe sentencing guidelines.
Human trafficking and organized crime: Federal cases often address large-scale criminal operations.
Violent crimes: assault, battery, rape, manslaughter, murder.
Immigration violations: These may involve illegal entry, smuggling, or document fraud.
Firearm offenses: Cases range from illegal firearm possession to trafficking.
Internet-based crimes: Child exploitation, identity theft, and other cybercrimes.
Kidnapping: Occasionally prosecuted in the federal system depending on jurisdictional factors.
Healthcare fraud: Medicare fraud, false claims, Anti-Kickback Statute, Stark Law, etc.
Stockbroker fraud and financial advisor fraud.
Counterfeiting and forgery.
Theft and embezzlement.
Credit card fraud and bank fraud.
Federal conspiracy charges.
Internal Revenue Code violations and tax crimes.
Internet crimes and computer crimes.
Public corruption.
Sex crimes.
Whistleblower cases.

Each of these cases demands a tailored defense strategy, as federal agencies invest significant resources in securing convictions. In fact, federal prosecutors rarely issue an indictment unless they are assured of strong odds of conviction.

Who Investigates Federal Criminal Cases?

The Federal Bureau of Investigation (FBI) is widely known as the primary law enforcement agency in the United States. While the FBI can become involved in almost any federal investigation, they often focus on terrorism, computer crimes, sex crimes involving minors, public corruption charges, organized crime, racketeering, or federal conspiracies.

The Drug Enforcement Administration (DEA) is often involved in healthcare oversight through a DEA audit that can lead to a criminal investigation.

The DEA has made diversion control a high priority by focusing on healthcare providers who might be suspected of drug diversion. Our law firm can help you with any type of DEA investigation, including prescription medications, opioids, or illegal drugs such as methamphetamine, heroin, or cocaine.

The Office of Inspector General (OIG) is the primary law enforcement agency within the Department of Health and Human Services. It typically investigates healthcare fraud schemes that target Medicaid, Medicare, TRICARE, the Department of Labor, or other federal health benefits programs. Some common examples include:

Overbilling,
Upcoding,
Phantom billing,
Submitting false claims,
Engaging in unlawful marketing practices, such as kickbacks and physician self-referrals, etc.

The Internal Revenue Service (IRS) is a tax collection and law enforcement agency. Like most federal enforcement agencies, IRS agents are typically aggressive in their pursuit of illegal activity.

Many violations of the Internal Revenue Code will carry harsh criminal penalties. Thus, you must be careful when dealing with the IRS. They have the authority to investigate you, make arrests, and refer your case for criminal prosecution.

How Federal Court Cases Differ from State Criminal Cases

Federal court cases are distinct from state criminal cases in several critical ways. These differences make it essential that your attorney has specific experience navigating the complexities of federal systems.

Different Rules and Deadlines: The Federal Rules of Criminal Procedure govern federal criminal cases, creating stringent deadlines and requirements. Federal courts demand strict adherence to these procedural rules, which can disadvantage defendants without proper legal representation.
Sentencing and Penalties: Federal sentencing guidelines are more rigid and often impose harsher penalties than state guidelines. Sentences handed down in federal courts tend to involve lengthy prison terms and substantial fines. Federal offenses may also involve mandatory minimum sentencing laws, reducing judicial discretion.
Investigative Resources: Federal agencies have broader authority and access to state-of-the-art resources for investigation and evidence collection. Federal cases rarely rely on weak or circumstantial evidence, heightening the need for a defensible case built on identifying flaws in the prosecution's narrative.

How We Can Defend You in Federal Court

Given all that is at stake, when you're facing a federal criminal charge, you need a strategic and aggressive defense to improve your chances for a favorable outcome. At Eisner Gorin LLP, we have extensive experience defending clients facing federal charges in San Diego, Escondido, Carlsbad, and other parts of the Greater San Diego area.

We leverage our local knowledge of the federal court district, adopting strategies designed to achieve the best possible outcome. Our focus is on helping you avoid federal prison and minimize penalties. Here are just a few of the strategies at our disposal.

Pretrial Motions

Pretrial motions are an essential tool in federal criminal defense. These motions can challenge the validity of the evidence against you, suppress illegally obtained evidence, or push for the dismissal of charges. For example, if federal agents conducted a search that violated your Fourth Amendment rights, we can file motions to suppress evidence gathered as a result, significantly weakening the prosecution's case.

Plea Agreements

Not all federal cases go to trial. Prosecutors are often open to plea deals, especially in complex cases like financial crimes, where restitution can be negotiated. Our attorneys are skilled at negotiating favorable plea agreements, reducing the charges and penalties to levels that allow you to move forward with your life.

Court Defense Strategies

For cases that proceed to trial, we provide robust litigation support. Our attorneys excel in cross-examining witnesses, challenging the government's evidence, and presenting alternative narratives to the jury. We also have access to a wide range of professionals who can bring expert testimony in court when needed. We bring extensive trial experience and the dedication required to fight for your acquittal.

Post-Sentencing Advocacy

Even if a conviction is unavoidable, our representation doesn't end there. We continue to advocate for reduced sentences, alternative incarceration options like home confinement, or participation in rehabilitative programs where applicable.

Our goal is always to avoid criminal charges or get them dismissed if they are already filed. Our federal defense team will fight to protect your freedom and save your professional licenses.

We also represent clients and businesses in Anaheim, Santa Ana, Huntington Beach, and all coastal California cities. Contact our San Diego federal criminal defense lawyers for more information and legal advice about your investigation.

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