Understanding Federal Criminal Laws, United States Code and Federal Sentencing Guidelines from the San Diego Federal Crimes Attorney Stephen Brodsky
The United States District Court is the court where all crimes of federal jurisdiction are handled. The most common Federal Crimes are
Drug crimes are found in the 21st Chapter of the United States Code. Federal drug/narcotics crimes are generally a lot more severe than state drug prosecutions. This where you find the big multi defendant conspiracy cases often involving drug trafficking across state and international borders. There are three considerations when defending federal narcotics/drug crimes:
a) Defending our clients against false drug crime allegations. MyCriminalDefense attorneys always look for a way to successfully defend our clients. Our goal is not to get our clients the best deal. At MyCriminalDefense, our attorneys always prepare defense strategies designed to keep our clients from being convicted of a serious federal crime. We are not “dump truck lawyers”.
WE ARE DEFENSE LAWYERS!!!!! In the event, the Government’s case is too strong to defend, we may counsel our clients to negotiate a plea bargain to minimize the impact on their lives. But MyCriminalDefense attorneys would only do this if it had no other viable means to defend our clients from being convicted. WE FIGHT TO WIN. That’s our philosophy whether we’re defending a traffic ticket or a huge federal drug/narcotics conspiracy case.
b) Federal statutes. You have to check the federal statute which applies to the kind of narcotics or drugs in your case and determine if there is a mandatory minimum sentence of incarceration. You will almost always find one and it will be based on quantity. Most federal laws prescribe mandatory minimum sentences in increments of 5 years. So, the lower quantity cases usually have 5 year mandatory minimum while the more serious narcotics crimes carry mandatory minimum sentences of 10 and 20 years. In order to go below the mandatory minimum sentences, your attorney will usually want to start talking with the Assistant United States Attorney early in the case, because, in most instances, only the U.S. Government can file a motion with the court to go below the mandatory minimum sentence. That will almost always require a client’s willingness to cooperate with the Government in solving other narcotics and drug crimes. It’s a very difficult issue to tackle, because our attorneys at MyCriminalDefense will only want to cooperate with federal prosecutors in a situation where the evidence is so strong against our client that cooperation is the only rational course of action to take to save our clients from double digit prison sentences.
The first thing our potential clients must understand is that MyCriminalDefense federal defense attorneys are not “plead guilty lawyers”. We fight for our client’s innocence. Our goal is to preserve their record and freedom. Ultimately, MyCriminalDefense attorneys always do what is in our client’s best interests.
c) Federal Sentencing Guidelines. If MyCriminalDefense federal criminal defense lawyers determine that it ultimately is in our client’s best interests to resolve a case by plea bargain with the Government, we will look first to crack the mandatory minimum prison sentences prescribed for our client’s narcotics crime and then we will look to the Federal Sentencing Guidelines to determine what our client’s potential sentencing exposure is going to be given two factors:
1) Our client’s past criminal record.
2) The seriousness of the crime with which our client is being charged.
Potential Defenses in Drug/Narcotics Cases
1. Suppression of Illegally seized evidence. We always look to see if the Government has obtained incriminating evidence by violating our client’s Fourth and Fifth Amendment Constitutional rights.
2. We hire professional investigators and experts. At MyCriminalDefense, we prepare our defense strategies much like we do in state court cases.
In one case, a senior defense attorney at My Criminal Defense, was able to show that the DEA and Customs Agents had coerced a false confession from our client. The court was so angry with the government for withholding evidence from our defense team, that she personally ordered the head US Attorney to appear in court and explain why the Government had done so.
Other Federal Crimes:
- Bank Robbery
- White Collar Crime
- Securities Violations
- Child pornography
- Tax Evasion and other tax crimes
- International Terrorism
- Immigration Crimes
- Internet Fraud
- Social Security Fraud, including Medicare fraud.
At My Criminal Defense, our attorneys are proactive and try to build a defense before the United States Attorney has decided to file charges. If we act swiftly to construct a successful defense to federal charges, we can persuade the US Attorney to reject the case. When cases are filed against our clients, we have already prepared our best defenses and we continue to investigate and improve our defense strategies so that we maintain a distinct advantage over the US Attorney. Our trial attorneys have tried hundreds of cases successfully to a jury verdict of an either not guilty or hung jury.
My Criminal Defense commands the greatest respect from the prosecution and the bench. Please contact the attorneys at My Criminal Defense at your earliest opportunity if you are charged with a burglary crime. We can get to work right away and prepare a defense that will save your freedom, reputation, and career.
Please call My Criminal Defense, today.
At My Criminal Defense, Our Attorneys Fight For You Throughout Every Stage Of A Criminal Case
Our attorneys initially attempt to carry out these defense strategies before the US Attorney has made a decision on whether or not to file charges. By presenting favorable sworn statements, polygraph results and psychological evaluations of our clients, we are often able to convince the US Attorney to reject the case and not file charges.
If our clients hire us too late to conduct a pre-file defense, we can often employ the very same defense strategies to convince the US Attorney that they don’t have sufficient evidence to move forward with the prosecution. We actively lobby for a dismissal of all charges which we have been very successful in accomplishing.
In the event, the District Attorney refuses to dismiss the charges, we are ready to go to trial and win a not guilty verdict on our client’s behalf. Because we have prepared so thoroughly and so early in the case, we are often a step ahead of the prosecution and find that we are much better prepared at trial than they are. Our percentage of not guilty verdicts is very high because of how thoroughly we prepare our client’s defense and how much more prepared for trial we are than our opponent. WE NEVER ALLOW OUR OPPONENTS TO OUT PREPARE US! WE PRIDE OURSELVES ON OUR TRIAL DEFENSE PREPARATION!
My Criminal Defense has successfully many clients who have been falsely accused of federal crimes by conducting a thorough investigation of the facts of each of our clients’ cases. Our criminal defense attorneys have extensive experience handling such cases and, with our defense team of investigators and experts, our attorneys can help defend your legal rights and protect you against wrongful and unjust prosecution.
With more than 27 years of experience serving as a legal defense team in San Diego County we pride ourselves in our ability to create successful strategies that will protect your life and freedom. TAKE IMMEDIATE STEPS TODAY to protect your life and freedom. Call Us to set up a FREE confidential consultation.