Home  About us  Practice  Cases  Articles  Contact Us
   
Federal Criminal Law

A “federal crime” is any offense that violates the laws contained in the United States Criminal Code. The offenses are primarily white collar crimes dealing with various frauds and Drugs. Mail Fraud, Wire Fraud, Bank Fraud, Health Care Fraud, Investment Fraud, Telemarketing Fraud, Loan Fraud, Crimes against government agencies, Cocaine, Methamphetamines , Psudoephedrine, Ecstasy and Marijuana, etc. These are often accompanied by charges of money laundering and tax evasion. All federal laws passed by the United States Congress come under the jurisdiction of the judicial branch of the federal government. The judicial branch (article III, U.S. Constitution) has the responsibility of interpreting and administering the articles contained in the U.S. criminal code.
There are over 100 categories of offenses that are considered to be federal crimes, and even though some offenses may also be covered under the California criminal code, the methods by which federal crimes are handled are unique.
To view a detailed version of the U.S. criminal code, please refer to http://www4.law.cornell.edu/uscode/18/
In addition to the above list of federal offenses, ANY crime that is committed on federal property (government buildings, airports, National parks, etc) is subject to federal prosecution and comes under the jurisdiction of the federal court system.
Every crime under the U.S. criminal code is assessed a base offense value, the more serious the offense, the higher the base value.
Points are then added or subtracted depending on the circumstances such as the age of the victim, the amount of money involved, drug weight,the type of weapon used, etc.
That’s just the beginning. A complicated grid pattern is then used to combine other variables such as previous criminal history, social and economic stability of the offender, and so on. A federal district judge may then impose a mandatory minimum and/or maximum sentence based on the final “point value” given to the case along with other factors. To view the Federal Sentencing Table, click on http://www.ussc.gov/1998guid/Sentable.htm.
The federal court system was established to ensure that there was equal justice for all citizens and also equal punishment for anyone who committed a federal offense.
The federal courts are considered to be the guardians of the constitution. Their function is to protect our guaranteed constitutional rights. Those accused of committing federal crimes are generally tried in federal District Courts (each state has at least one district court). The judges who preside over the District courts are appointed by the U.S. Congress and adhere to federal sentencing guidelines though may depart in certain situations and consider other factors. The U.S. Sentencing Commission (formed in 1980) established sentencing guidelines to ensure that there is uniform justice throughout the nation.

A Federal criminal matter proceeds as follows:

1. investigation of potential criminal conduct
2. review by United States Attorney
3. complaint filed
4. grand jury returns indictment
5. defendant arrested
6. preliminary hearing
7. discovery, pleadings
8. motions filed
9. trial
10. opening statements
11. government prosecutor’s case
12. defendant’s case
13. prosecutor’s rebuttal case
14. closing arguments
15. deliberations
16. verdict

The U.S. attorney presents evidence to a grand jury whose function it is to determine whether there is sufficient evidence to bring charges against a person.

If an arrest is made, an initial appearance is scheduled and the judge advises the defendant of the charges. Based on reports from pre-trial services, the judge will then decide whether to release the defendant back into the community until the trial, to place certain restrictions on the defendant, to place bail if any is required, or to keep the defendant in jail.

A “pre-trial” is conducted to give the U.S. attorney and the defendant’s attorney the opportunity to present evidence to the judge that would either support or refute the charges. Criminal cases include a limited amount of pretrial discovery proceedings, with substantial restrictions to protect the identity of government informants and to prevent intimidation of witnesses. The attorneys also may file motions, which are requests for rulings by the court before the trial. For example, defense attorneys often file a motion to suppress evidence, which asks the court to exclude from the trial evidence that the defendant believes was obtained by the government in violation of the defendant's constitutional rights.

In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt. The standard of proof in a criminal trial is proof "beyond a reasonable doubt," which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime. If a defendant is found not guilty, the defendant is released and the government may not appeal. Nor can the person be charged again with the same crime in a federal court. The Constitution prohibits "double jeopardy," or being tried twice for the same offense.
A “federal crime” is any offense that violates the laws contained in the United States Criminal Code. The offenses are primarily white collar crimes dealing with various frauds and Drugs. Mail Fraud, Wire Fraud, Bank Fraud, Health Care Fraud, Investment Fraud, Telemarketing Fraud, Loan Fraud, Crimes against government agencies, Cocaine, Methamphetamines , Psudoephedrine, Ecstasy and Marijuana, etc. These are often accompanied by charges of money laundering and tax evasion. All federal laws passed by the United States Congress come under the jurisdiction of the judicial branch of the federal government. The judicial branch (article III, U.S. Constitution) has the responsibility of interpreting and administering the articles contained in the U.S. criminal code.
There are over 100 categories of offenses that are considered to be federal crimes, and even though some offenses may also be covered under the California criminal code, the methods by which federal crimes are handled are unique.
To view a detailed version of the U.S. criminal code, please refer to http://www4.law.cornell.edu/uscode/18/
In addition to the above list of federal offenses, ANY crime that is committed on federal property (government buildings, airports, National parks, etc) is subject to federal prosecution and comes under the jurisdiction of the federal court system.
Every crime under the U.S. criminal code is assessed a base offense value, the more serious the offense, the higher the base value.
Points are then added or subtracted depending on the circumstances such as the age of the victim, the amount of money involved, drug weight,the type of weapon used, etc.


That’s just the beginning. A complicated grid pattern is then used to combine other variables such as previous criminal history, social and economic stability of the offender, and so on. A federal district judge may then impose a mandatory minimum and/or maximum sentence based on the final “point value” given to the case along with other factors. To view the Federal Sentencing Table, click on http://www.ussc.gov/1998guid/Sentable.htm.
The federal court system was established to ensure that there was equal justice for all citizens and also equal punishment for anyone who committed a federal offense.
The federal courts are considered to be the guardians of the constitution. Their function is to protect our guaranteed constitutional rights. Those accused of committing federal crimes are generally tried in federal District Courts (each state has at least one district court). The judges who preside over the District courts are appointed by the U.S. Congress and adhere to federal sentencing guidelines though may depart in certain situations and consider other factors. The U.S. Sentencing Commission (formed in 1980) established sentencing guidelines to ensure that there is uniform justice throughout the nation.

A Federal criminal matter proceeds as follows:
1. investigation of potential criminal conduct
2. review by United States Attorney
3. complaint filed
4. grand jury returns indictment
5. defendant arrested
6. preliminary hearing
7. discovery, pleadings
8. motions filed
9. trial
10. opening statements
11. government prosecutor’s case
12. defendant’s case
13. prosecutor’s rebuttal case
14. closing arguments
15. deliberations
16. verdict
The U.S. attorney presents evidence to a grand jury whose function it is to determine whether there is sufficient evidence to bring charges against a person.
If an arrest is made, an initial appearance is scheduled and the judge advises the defendant of the charges. Based on reports from pre-trial services, the judge will then decide whether to release the defendant back into the community until the trial, to place certain restrictions on the defendant, to place bail if any is required, or to keep the defendant in jail.
A “pre-trial” is conducted to give the U.S. attorney and the defendant’s attorney the opportunity to present evidence to the judge that would either support or refute the charges. Criminal cases include a limited amount of pretrial discovery proceedings, with substantial restrictions to protect the identity of government informants and to prevent intimidation of witnesses. The attorneys also may file motions, which are requests for rulings by the court before the trial. For example, defense attorneys often file a motion to suppress evidence, which asks the court to exclude from the trial evidence that the defendant believes was obtained by the government in violation of the defendant's constitutional rights.
In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt. The standard of proof in a criminal trial is proof "beyond a reasonable doubt," which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime. If a defendant is found not guilty, the defendant is released and the government may not appeal. Nor can the person be charged again with the same crime in a federal court. The Constitution prohibits "double jeopardy," or being tried twice for the same offense.

If the verdict is guilty, the judge determines the defendant's sentence according to special federal sentencing guidelines issued by the United States Sentencing Commission. The court's probation office prepares a report for the court that applies the sentencing guidelines to the individual defendant and the crimes for which he or she has been found guilty. During sentencing, the court may consider not only the evidence produced at trial, but all relevant information that may be provided by the pretrial services officer, the U.S. attorney, and the defense attorney. In unusual circumstances, the court may depart from the sentence calculated according to the sentencing guidelines.

A sentence may include time in prison, a fine to be paid to the government, and restitution to be paid to crime victims. The court's probation officers assist the court in enforcing any conditions that are imposed as part of a criminal sentence. The supervision of offenders also may involve services such as substance abuse testing and treatment programs, job counseling, and alternative detention options.
All of this boils down to one important fact. Do not attempt to defend yourself in federal court without the assistance of an experienced FEDERAL criminal defense attorney. The Sentencing laws are in a state a flux and always changing. You must hire a Lawyer that is keeping up with changes in the sentencing laws to give you the best possible outcome and Extreme Justice™. We follow the constantly changing sentencing laws.
At the Law Offices of David R. Denis, P.C. and the Center for Extreme Justice™ we have years in Criminal Trial, Investigation, Prosecution, Judicial and Criminal Defense Trial, Federal Criminal Defense and Case Settlement Experience. This uniquely qualifies us to determine whether proper police procedures were followed or if your Constitutional Rights were violated.
Please Call Us at (213) 625-0033
Remember that, even though you have been accused of a federal crime, your rights are still protected under the U.S. Constitution. Your constitutional rights include:
1. Protection from unreasonable search and seizure
2. The right to be informed of the exact charges and related sentence
3. The right to an attorney
4. Protection from self-incrimination
5. The right to a speedy and public trial
6. The right to examine all witnesses, either for or against you
If any of your constitutional rights have been violated, there is a good possibility that your case will be thrown out of court and you’ll receive Extreme Justice™.
As mentioned previously, federal judges adhere to the sentencing guidelines which are based on a point system. However, the sentencing laws have recently changed and developments have occurred resulting in some discretion given to the federal Judges in sentencing. Hiring the right lawyer could have a major impact on the outcome of your case. Let the Law Offices of David R. Denis, P.C. and the team at the Center for Extreme Justice™ get you Extreme Justice™.

If the verdict is guilty, the judge determines the defendant's sentence according to special federal sentencing guidelines issued by the United States Sentencing Commission. The court's probation office prepares a report for the court that applies the sentencing guidelines to the individual defendant and the crimes for which he or she has been found guilty. During sentencing, the court may consider not only the evidence produced at trial, but all relevant information that may be provided by the pretrial services officer, the U.S. attorney, and the defense attorney. In unusual circumstances, the court may depart from the sentence calculated according to the sentencing guidelines.

A sentence may include time in prison, a fine to be paid to the government, and restitution to be paid to crime victims. The court's probation officers assist the court in enforcing any conditions that are imposed as part of a criminal sentence. The supervision of offenders also may involve services such as substance abuse testing and treatment programs, job counseling, and alternative detention options.
All of this boils down to one important fact. Do not attempt to defend yourself in federal court without the assistance of an experienced FEDERAL criminal defense attorney. The Sentencing laws are in a state a flux and always changing. You must hire a Lawyer that is keeping up with changes in the sentencing laws to give you the best possible outcome and Extreme Justice™. We follow the constantly changing sentencing laws.
At the Law Offices of David R. Denis, P.C. and the Center for Extreme Justice™ we have years in Criminal Trial, Investigation, Prosecution, Judicial and Criminal Defense Trial, Federal Criminal Defense and Case Settlement Experience. This uniquely qualifies us to determine whether proper police procedures were followed or if your Constitutional Rights were violated.
Please Call Us at (213) 625-0033
Remember that, even though you have been accused of a federal crime, your rights are still protected under the U.S. Constitution. Your constitutional rights include:
1. Protection from unreasonable search and seizure
2. The right to be informed of the exact charges and related sentence
3. The right to an attorney
4. Protection from self-incrimination
5. The right to a speedy and public trial
6. The right to examine all witnesses, either for or against you
If any of your constitutional rights have been violated, there is a good possibility that your case will be thrown out of court and you’ll receive Extreme Justice™.
As mentioned previously, federal judges adhere to the sentencing guidelines which are based on a point system. However, the sentencing laws have recently changed and developments have occurred resulting in some discretion given to the federal Judges in sentencing. Hiring the right lawyer could have a major impact on the outcome of your case. Let the Law Offices of David R. Denis, P.C. and the team at the Center for Extreme Justice™ get you Extreme Justice™.

Back To Top

 
   
Areas

The Law Offices of
DAVID R. DENIS, P.C.

CENTER FOR EXTREME JUSTICE ®
601 S. Figueroa St.,
Suite 2500
Los Angeles, CA 90017

Email: info@extreme-justice.com
Telephone: (213) 625-0033
Facsimile: (213) 625-8833