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The Federal Criminal Process - DON'T GO IT ALONE!
Federal crimes usually involve conduct or contraband which has traveled across state lines. Building on this concept, the United States government has defined the following crimes to be federal in nature:
- Large-scale narcotics conspiracies;
- Threats against public officials;
- Bribery of public officials;
- Fraud via the mail system, computers, or telephones;
- Fraud involving public and private health care facilities;
- Possession, Manufacture, or distribution of obscene materials or child pornography;
- Money Laundering;
- Tax Evasion; and,
- All manner of computer crimes
The above list is merely illustrative; there are many other federal crimes which have not been listed. Now, maybe - just maybe - one should consider representing one's self in a state case. NOT SO IN A FEDERAL CASE. The process is just too treacherous and too laden with bright, aggressive federal prosecutors. Unlike the state system, which is much more overworked than the federal system, federal prosecutors are well prepared and have markedly better courtroom skills than a conventional state prosecutor. And the police officers are certainly more competent: whereas a state case usually begins with an arrest by local police officers, the federal process begins with an arrest, surveillance, or interrogation by FBI, DEA, or Secret Service Agents. The federal criminal system should not be navigated without having an experienced criminal defense attorney by your side.
Perhaps the biggest difference between the federal and state system is the presence in the federal system of the Sentencing Guidelines. In the state system, the judges are generally allowed to sentence an individual in just about any manner they want. NOT SO IN A FEDERAL CASE. In the federal system, federal judges are controlled by the Sentencing Guidelines, which is a complicated method of determining how much jail or prison time a convicted person must serve. The potential prison term is calculated using a grid, which factors in one's past criminal history and all the details of the present offense. Once the number is arrived at on the sentencing table, a federal judge is required by Congress to assess the corresponding sentence. In essence, federal sentencing is more a creature of math than it is judicial discretion. The only way to deviate from the Guidelines is to persuade the court to grant a downward departure, which is really granted.
Regarding the seriousness of the Sentencing Guidelines, don't take our word for it; listen to what the Courts have to say. The Court of Appeals in the District of Columbia recently explained that that "familiarity with the structure and basic content of the [Federal Sentencing] Guidelines . . . has become a necessity for [defense] counsel who seek to give effective representation." The Court also stated:
Whether [defense] lawyers get the Guidelines wrong by misinterpreting the implication of a particular provision or by failing altogether to raise a potentially helpful provision, such drastic missteps . . . amount to errors so serious that counsel was not functioning as the 'counsel' guaranteed the defendant by the [United States Constitution's] Sixth Amendment.
If you want not just any old "counsel," but aggressive, confident defense counsel who will be by your side every step of the way, then call Barry Sands and Mark McBride today. (877) BGS-CRIMLYR
BARRY'S PARTNER IN FEDERAL DEFENSE: MARK MCBRIDE
On federal matters, Barry works closely with Beverly Hills attorney Mark McBride. Although Mark is also admitted in Utah, he lives in L.A. full-time and assists lawyers across the nation on complex federal cases. Mark has been in the law business since 1995, and has helped defend federal cases ranging from bank robbery to homicide to money laundering. From New York to Miami, from San Diego to Seattle: lawyers track down Mark (even on the golf course!) to seek his advice on federal law.
Mark graduated from the Honors Program at Marquette University, in Milwaukee, Wisconsin. He then graduated from Brigham Young University Law School, a nationally ranked institution in Provo, Utah. While at BYU, Mark was an executive editor on the Journal of Public Law.
If you want laser fast thinking and integrity; if you want experience, dedication and confidence in your defense team - then call Barry and Mark today, (877) BGS-CRIMLYR.
The Law Offices of Barry G. Sands has created some additional websites to provide more information to those who have been charged with a crime in Los Angeles. Click any of the websites below to learn more:
Los Angeles Drug Crimes Attorney | California Trucker Criminal Defense | Southern California DMV Defense Lawyer | Los Angeles DUI Law Firm | Southern California Domestic Violence Attorney | Bench Warrant Recall Attorney
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