FEDERAL CRIMINAL ATTORNEY

Los Angeles Federal Distict Court. Copyright 2005 - 2009

Experienced Los Angeles Federal Distict Court. Copyright 2005 - 2009
Experienced Federal Criminal Lawyers can help you.
Call us now for a free consultation.
If you are facing federal criminal charges by the United States Attorneys Office, call our office today.
You really cannot afford to have someone handle your federal case that has little to no federal court experience.
When you freedom is at stake, don't hire someone who primarily does state court cases. Federal Court requires a Federal Criminal Lawyer that knows the ropes.
Call our office today and we will set an appointment for you to meet with the best and most experienced Los Angeles Federal Lawyer that we recommend handling your case.
Our California Criminal Appeals lawyer that handles all of our appeals has been attorney of record in more than 450 appellate cases.
Call our office now for to set up a free consultation with our Los Angeles Federal Attorney at (866) 548-2529.
Experienced Federal Criminal Attorneys are knowledgable about the Federal Sentencing Guidelines. Our knowledge can help you get a fair and just result.
Our Los Angeles Federal Attorneys are very knowledgable about the Federal Sentencing Guidelines. This benefits out clients because we know what can be achieved and what can be asked for. Because of our familiarity of the federal court sentencing guidelines, our clients have been able to successfully reduce their exposure to the offenses they have been charged with.
Los Angeles Federal cases often involve harsher punishments for similar crimes charged in state court. The reason is that the your members of Congress created “Federal Sentencing Guidelines.”
These Federal Sentencing Guidelines often restrict independent judicial discretion by Los Angeles United States Federal Judges. These Federal Sentencing Guidelines take into account both the seriousness of the offense and the defendants criminal history. There are 43 levels of offense levels. The higher the level, the higher the punishment.
Adjustments can be done to increase or decrease the offense level. For examples, if the defendant had a minimal role in the offense level, there could be an adjustment decrease of four levels. Similarly certain factors could increase the offense levels. There is also reduction for acceptance of responsibility.
The federal sentencing guidelines also classifieds each defendant to one of six Criminal History Categories. Category one is the least serious criminal record and Criminal History Category six includes defendants who have had quite a few run ins with the law and court.
In addition, the Los Angeles United States Federal Court Judge may grant either the Los Angeles United States Attorney or defense attorney a departure upward or downward depending if there was aggravating or mitigating circumstances not adequately taken into consideration by the Sentencing Guidelines.
The Federal Sentencing Guidelines has been under attack in a series of recent federal appeals court decision. For the most part, these recent appellate court decisions have helped the defense.
In the case of Blakely v Washington, the court in a 5-4 decision held that juries, not judges must find virtually all facts that increase a defendants sentence.
In the case of U.S. v. Booker, Justice John Paul Stevens found “no relevant distinction” between the sentencing method used in Washington state and the Federal Sentencing Guidelines used by the federal courts. The court held that Blakely applies to the Federal Sentencing Guidelines. The court further held that the Federal Sentencing Guidelines are no longer mandatory but rather advisory and that while the federal trial courts are not bound to apply the Guidelines, they must consult those Guidelines and take them into account when sentencing.
Our Los Angeles Federal Attorneys are very familiar with the Federal Sentencing Guidelines. We can make a big difference is helping you now. Please contact our office for a free consultation at (626) 975-2080 or at (562) 860-5027.
Los Angeles Federal Pretrial Conference
The purpose of the pretrial is to narrow issues for trial. Under Rule 17.1 of the Federal Rules of Criminal Procedure, the Federal District Court Judge may hold one or more pretrial conferences to promote a fair and expeditious trial.
The court is required to prepare and file a memorandum of any matters agreed to during the conference. The Los Angeles United States Attorneys Office may not use any statement made during the conference by the defendant or the Federal Criminal Defense Attorney unless it is in writing and signed by the defendant and his Federal Criminal Defense Attorney.
Federal Sentencing Adjustments in Los Angeles Federal Court
All federal crimes have a base offense level. The base levels help determine the possible sentencing range for a particular federal crime. There are five adjustments that can be made to increase or decrease someone’s base level which in turn will affect whether someone could get an increase or decrease in punishment.
The five adjustments to the Federal Sentencing Guidelines are as follows:
(1) “Victim” related adjustments;
(2) Adjustments based on the defendants “role” in the offense;
(3) Adjustments for “obstructing the administration of justice”;
(4) Adjustments for “defendant’s acceptance of responsibility”
(5) Adjustments for “multiple count convictions.”
Victim related Adjustments
The federal base offense level is increased two levels “if the defendant knew or should have known that a victim of the offense was unusually vulnerable” due to age, physical condition, mental condition or if the defendant knew or should have known “that a victim was otherwise particularly susceptible to the criminal conduct.”
If a lot of vulnerable victims were involved, the federal criminal offense level is increased by two additional levels. (This is typically the case in pyramid schemes.)
The federal base offense level is increased three levels if the victim was either a government official or employee or former government officer or employee or a member of the immediate family of a government officer or employee or former government officer or employee.
The base level is increased two levels if the victim was physically restrained in the course of the offense. Thus in a bank robbery where persons are tied up and bound, this increase would apply.
Role in the Federal Criminal Offense.
Aggravating Role
The federal base offense level is increased four levels if the defendant was an organizer or leader of a criminal activity that involved five or more participants or otherwise was extensive.
The federal base offense level is increased three levels if the defendant was a manager or supervisor and the criminal activity involved five or more participants or was otherwise extensive.
The federal base offense level in increased two levels if the defendant was an organizer, leader, manager, or supervisor in any criminal activity that involved participants up to four people.
Mitigating Role
The federal base offense level is decreased for levels if the defendant was a “minimal participant” in the crime.
The federal base offense level is decreased for two levels if the defendant was a “minor participant.”
Acceptance of Responsibility
A defendant can get a two level reduction if he “clearly demonstrates” acceptance of responsibility for his offense. A three level reduction applies when the person provides timely information concerning his own involvement in the offense and timely notifies the United States Attorneys Office of his intention to enter a plea of guilty to avoid any preparation for federal criminal jury trial so that the court can allocate its resources efficiently. Lawyers can help you.
Call us now for a free consultation.
If you are facing federal criminal charges by the United States Attorneys Office, call our office today.
You really cannot afford to have someone handle your federal case that has little to no federal court experience.
When you freedom is at stake, don't hire someone who primarily does state court cases. Federal Court requires a Federal Criminal Lawyer that knows the ropes.
Call our office today and we will set an appointment for you to meet with the best and most experienced Los Angeles Federal Lawyer that we recommend handling your case.
Our California Criminal Appeals lawyer that handles all of our appeals has been attorney of record in more than 450 appellate cases.
Call our office now for to set up a free consultation with our Los Angeles Federal Attorney at (866) 548-2529.
Experienced Federal Criminal Attorneys are knowledgable about the Federal Sentencing Guidelines. Our knowledge can help you get a fair and just result.
Our Los Angeles Federal Attorneys are very knowledgable about the Federal Sentencing Guidelines. This benefits out clients because we know what can be achieved and what can be asked for. Because of our familiarity of the federal court sentencing guidelines, our clients have been able to successfully reduce their exposure to the offenses they have been charged with.
Los Angeles Federal cases often involve harsher punishments for similar crimes charged in state court. The reason is that the your members of Congress created “Federal Sentencing Guidelines.”
These Federal Sentencing Guidelines often restrict independent judicial discretion by Los Angeles United States Federal Judges. These Federal Sentencing Guidelines take into account both the seriousness of the offense and the defendants criminal history. There are 43 levels of offense levels. The higher the level, the higher the punishment.
Adjustments can be done to increase or decrease the offense level. For examples, if the defendant had a minimal role in the offense level, there could be an adjustment decrease of four levels. Similarly certain factors could increase the offense levels. There is also reduction for acceptance of responsibility.
The federal sentencing guidelines also classifieds each defendant to one of six Criminal History Categories. Category one is the least serious criminal record and Criminal History Category six includes defendants who have had quite a few run ins with the law and court.
In addition, the Los Angeles United States Federal Court Judge may grant either the Los Angeles United States Attorney or defense attorney a departure upward or downward depending if there was aggravating or mitigating circumstances not adequately taken into consideration by the Sentencing Guidelines.
The Federal Sentencing Guidelines has been under attack in a series of recent federal appeals court decision. For the most part, these recent appellate court decisions have helped the defense.
In the case of Blakely v Washington, the court in a 5-4 decision held that juries, not judges must find virtually all facts that increase a defendants sentence.
In the case of U.S. v. Booker, Justice John Paul Stevens found “no relevant distinction” between the sentencing method used in Washington state and the Federal Sentencing Guidelines used by the federal courts. The court held that Blakely applies to the Federal Sentencing Guidelines. The court further held that the Federal Sentencing Guidelines are no longer mandatory but rather advisory and that while the federal trial courts are not bound to apply the Guidelines, they must consult those Guidelines and take them into account when sentencing.
Our Los Angeles Federal Attorneys are very familiar with the Federal Sentencing Guidelines. We can make a big difference is helping you now. Please contact our office for a free consultation at (626) 975-2080 or at (562) 860-5027.
Los Angeles Federal Pretrial Conference
The purpose of the pretrial is to narrow issues for trial. Under Rule 17.1 of the Federal Rules of Criminal Procedure, the Federal District Court Judge may hold one or more pretrial conferences to promote a fair and expeditious trial.
The court is required to prepare and file a memorandum of any matters agreed to during the conference. The Los Angeles United States Attorneys Office may not use any statement made during the conference by the defendant or the Federal Criminal Defense Attorney unless it is in writing and signed by the defendant and his Federal Criminal Defense Attorney.
Federal Sentencing Adjustments in Los Angeles Federal Court
All federal crimes have a base offense level. The base levels help determine the possible sentencing range for a particular federal crime. There are five adjustments that can be made to increase or decrease someone’s base level which in turn will affect whether someone could get an increase or decrease in punishment.
The five adjustments to the Federal Sentencing Guidelines are as follows:
(1) “Victim” related adjustments;
(2) Adjustments based on the defendants “role” in the offense;
(3) Adjustments for “obstructing the administration of justice”;
(4) Adjustments for “defendant’s acceptance of responsibility”
(5) Adjustments for “multiple count convictions.”
Victim related Adjustments
The federal base offense level is increased two levels “if the defendant knew or should have known that a victim of the offense was unusually vulnerable” due to age, physical condition, mental condition or if the defendant knew or should have known “that a victim was otherwise particularly susceptible to the criminal conduct.”
If a lot of vulnerable victims were involved, the federal criminal offense level is increased by two additional levels. (This is typically the case in pyramid schemes.)
The federal base offense level is increased three levels if the victim was either a government official or employee or former government officer or employee or a member of the immediate family of a government officer or employee or former government officer or employee.
The base level is increased two levels if the victim was physically restrained in the course of the offense. Thus in a bank robbery where persons are tied up and bound, this increase would apply.
Role in the Federal Criminal Offense.
Aggravating Role
The federal base offense level is increased four levels if the defendant was an organizer or leader of a criminal activity that involved five or more participants or otherwise was extensive.
The federal base offense level is increased three levels if the defendant was a manager or supervisor and the criminal activity involved five or more participants or was otherwise extensive.
The federal base offense level in increased two levels if the defendant was an organizer, leader, manager, or supervisor in any criminal activity that involved participants up to four people.
Mitigating Role
The federal base offense level is decreased for levels if the defendant was a “minimal participant” in the crime.
The federal base offense level is decreased for two levels if the defendant was a “minor participant.”
Acceptance of Responsibility
A defendant can get a two level reduction if he “clearly demonstrates” acceptance of responsibility for his offense. A three level reduction applies when the person provides timely information concerning his own involvement in the offense and timely notifies the United States Attorneys Office of his intention to enter a plea of guilty to avoid any preparation for federal criminal jury trial so that the court can allocate its resources efficiently.