Federal Criminal Defense in Los Angeles
Many people throughout Los Angeles County are being arrested for federal crimes, and there's some confusion about where these cases end up. As far as federal cases go, the court controls the Central District of California in the greater Los Angeles area.
It's in downtown Los Angeles. There are two courthouses: the Roybal building at 255 East Temple Boulevard and the First Street Courthouse. The First Street Courthouse is the new modern courthouse built recently. It's no longer the courthouse at 312 North Spring Street, which is now being used for civil litigation.
When it comes to federal crimes, the case is directed to the Central District in downtown Los Angeles. With 26 years of experience in handling federal criminal cases, I am well-versed in dealing with the Central District. Most of my cases are in my backyard in downtown Los Angeles, but I also handle federal crimes across the country.
I'm familiar with the federal judges and prosecutors who handle these cases. The system for attempting to get bail for my clients in a federal lawsuit is slightly different from bail in a state case.
In a federal case, the bail process is distinct. The judge may opt for a signature bond secured by the defendant's signature or a signature bond secured and signed by someone connected to the defendant. This bond is a promise to pay a certain sum of money if the defendant fails to appear, and it is negotiable.
Getting Out of Custody on a Federal Criminal Case
Other forms of a person getting out of custody on a federal case have to do with property bonds. For example, somebody could pledge equity in their property, and if the defendant doesn't show up, the government can seize that property and get the money out of it to satisfy the bond. It's not state where you use a bail bond agent, and a specific bail is set, and then the bail bondsman posts it, and somebody pays a certain percentage to the bond company to remain out of custody, and that's, of course, backed up with an insurance company.
Federal court is different as it relates to bail and pretrial release. So, you'll want an attorney who's familiar with that because you're going to want to get out of custody while the case is pending, if at all possible. Usually, when you can't get out of custody, at least that I've seen in federal cases, it will have to deal with you being either a flight risk or a danger to the community, or if you're facing a mandatory minimum, like a ten-year mandatory minimum in a drug case, for example.
That's usually a strong argument for the government that the person should be kept in custody. If they face a ten-year mandatory minimum, their risk of fleeing and not returning to court increases exponentially. After all, they wouldn't want to meet that minimum of ten years in federal prison.
Federal Sentencing Guidelines
Once you get past the bail issue on a federal crime, the next thing you have to look at is who is going to be assigned as your federal judge.
There are some judges in Los Angeles, at least in my opinion, who are more conservative and harsh than others, and there are some judges who are much easier to deal with and much more forgiving regarding sentencing. That brings up a good point, which is the Federal Sentencing Guidelines.
Those guidelines instruct the judges and give the attorneys an idea of where a particular defendant might fall in a federal criminal case as far as punishment and sentencing go once you look and see what they're charged with and whether any enhancements apply to their particular situation.
Then you start to get a good feel for what they're looking at if they were found guilty or if they plead guilty. That's important because the charges, the criminal record, where they fall in the sentencing guidelines, and of course, what the prosecutor argues, along with their defense attorney's argument and their mitigation package submitted to the court, and finally, the judge is going to have the final say in the federal case as far as what the ultimate sentence will be.
That's another thing that's a little bit strange to people who have familiarity with state cases. Usually, if you plead guilty in a state case, you pretty much know what your sentence will be before you get sentenced.
Federal Judges Have Substantial Discretion in Sentencing
In a federal case, it's just the opposite. If you've been arrested and charged with a federal criminal case and your conduct stems out of activities that you committed in the San Fernando Valley, Van Nuys, San Fernando, Encino, whatever city in Los Angeles that makes up the Central District jurisdiction, then, in the end, the judge decides what the sentence is.
The judge will draw from several different sources in making that decision. Still, all in all, they can pretty much do what they want as long as they justify their sentence and consult and consider the Federal Sentencing Guidelines. They hear what you have to say; they listen to what your attorney has to say; they listen to what the government has to say, and, of course, they're also going to look at a report that the probation department prepares.
That's another aspect of a federal criminal case. The probation department will prepare reports for the judge, do a complete background check, interview you with your attorney present, and then write an essay laying everything out for the judge. Of course, it's supposed to be laid out neutrally, and then they'll give their opinion on what they think the sentence should be.
If you or a loved one is facing a federal criminal case, remember you have the power to take the first step. Pick up the phone, make the call, and ask to set up an appointment with me. Together, we can start the process of navigating the federal criminal justice system. Hedding Law Firm, based in LA County, offers a free case review to empower you in this challenging situation.
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