Los Angeles Federal Criminal Defense Attorney

Being charged with a federal crime is a serious matter. The federal justice system can be far less permissive than state courts, and when federal statutes are involved, the penalties can be severe. Contact Lessem, Newstat & Tooson, LLP right away if you are facing charges of a federal crime. These are the worst kind of charges that a person can face and therefore require the highest quality representation. Our legal team has more than 50 years of federal criminal defense experience and we relentlessly and skillfully argue in your defense until your charges are reduced or dismissed.

Charged with a federal offense? Discuss your charges during a FREE case review.

How Do Federal Charges Differ From State Charges in California?

Federal criminal cases are unique and require the help of an attorney with experience navigating the federal criminal justice system. Anyone facing federal charges will be looking at stricter punishment that can impact their future.

Ways that federal criminal cases are different from state cases:

• Federal investigations are conducted by federal agencies such as the FBI, DEA or ATF. These federal agencies are more well-funded compared to state or local law enforcement agencies, and have highly experienced investigators who may spend months or years gathering evidence.
• Federal prosecutors also benefit from extensive resources that can be used to develop and build a case against you.
• Federal criminal penalties involve mandatory minimum penalties based on federal sentencing guidelines, which have much higher incarceration time than state sentences.

When you’re faced with an uphill battle, turn to our experienced federal criminal defense team to help you even the playing field.

We Defend All Types of Federal Offenses

In basic terms, federal crimes are offenses that affect the United States government and are therefore handled by government agencies instead of the state. Since these crimes are committed against the government, they are far more serious than other crimes and are treated much more harshly.

Our legal team could defend you against any of federal charges, including:

• Federal drug crimes. Whether you’ve been accused of drug cultivation or smuggling, we could fight to prove that the drugs were not yours, or we could argue in your defense until your charges are reduced to a lesser offense.
• Fraud, including health care fraud, bankruptcy fraud, credit card fraud, mail fraud, and more. Your life and career options could be turned upside down upon conviction.
• Cyber or internet crime, such as identity theft and false advertising. Our firm could build a strong defense on your behalf for any of these charges.
• White collar offenses, including embezzlement cases, which could permanently ruin your chances of career advancement or of any future handling of assets and finances. Additionally, insider trading is another business-related federal crime that could have a detrimental effect on your career.
• Gang crimes and hate crimes, which are usually violent crimes that result in lengthy jail and prison sentences upon conviction.
• Theft-related offenses, such as bank robbery, property crime, burglary, and grand theft auto
• Sex crimes, including child pornography, which is one of the worst possible charges you could face that could result in years in prison without proper defense.

Who Are the Key Federal Investigative Agencies and What Roles Do They Play in Criminal Probes?

Navigating the labyrinth of federal investigations requires understanding the powerhouse agencies behind them, entities armed with cutting-edge technology, vast budgets, and years of specialized expertise. Unlike local police, these federal bodies often spend months or even years building airtight cases, using surveillance, wiretaps, and forensic analysis to uncover evidence.

Key agencies include the:

• Federal Bureau of Investigation (FBI), which spearheads probes into terrorism, cybercrimes, public corruption, and organized crime rings.
• Drug Enforcement Administration (DEA) zeros in on narcotics trafficking, from street-level distribution to international cartels, often collaborating with border patrols.
• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) tackles illegal firearms trade, arson, and explosives cases, with a focus on tracing weapons back to their sources through national databases.
• Internal Revenue Service’s Criminal Investigation (IRS-CI) division handles financial crimes, where agents, many with accounting backgrounds, hunt for tax evasion, money laundering, and fraud schemes that evade billions in revenue.
• Immigration and Customs Enforcement (ICE) handles human smuggling, counterfeit goods, and child exploitation networks.
• Secret Service protects against counterfeiting and financial system threats beyond their VIP security duties.

These agencies’ overlapping roles can create complex cases, but our team at Lessem, Newstat & Tooson, LLP excels at challenging their methods, ensuring any overreach, like improper searches or coerced statements, is exposed. If you’re under scrutiny, contact us for a free review to safeguard your future.

The Federal Arrest and Charging Process

The federal arrest and charging process is a meticulously orchestrated sequence that can feel overwhelming, but knowing its mechanics empowers defendants to protect their rights from the outset. Unlike state proceedings, federal cases often stem from prolonged investigations, leading to swift, high-stakes actions that demand immediate legal intervention.

It typically begins with an investigation by federal agencies culminating in an arrest, either with a warrant based on probable cause or, in urgent scenarios, without one if agents witness a crime. Post-arrest, you’re brought before a magistrate judge for an initial appearance within 48 hours (often sooner), where charges are outlined, bail is considered, and your rights are affirmed.

A pivotal step follows: the grand jury indictment, a secretive process where prosecutors present evidence to 16-23 jurors, who decide if there’s enough to proceed. Defendants aren’t present, making an early defense strategy crucial.

Arraignment comes next, where you enter a plea (guilty, not guilty, or no contest) and discovery begins. Throughout, mandatory minimums loom large under federal guidelines. Our firm, with a track record of hundreds of dismissals, scrutinizes every detail to build your defense.

What Essential Rights Protect Defendants in Federal Criminal Cases?

In the high-pressure arena of federal court, defendants aren’t defenseless. The U.S. Constitution arms you with robust protections that can dismantle even the strongest prosecutions when wielded effectively. These rights, rooted in amendments forged from historical injustices, ensure fairness amid overwhelming government resources.

At Lessem, Newstat & Tooson, LLP, our seasoned team invokes these safeguards relentlessly, often uncovering violations that lead to case dismissals.

• The Fourth Amendment’s shield against unreasonable searches and seizures, requiring warrants backed by probable cause, which is vital in suppressing illegally obtained evidence like unwarranted wiretaps.
• The Fifth Amendment guards against self-incrimination (your right to remain silent), double jeopardy, and ensures due process, preventing coerced confessions that plague many investigations.
• The Sixth Amendment grants a speedy and public trial by an impartial jury, the right to confront accusers, and crucially, counsel—public or private—from the moment charges hit.
• The Eighth Amendment’s ban on excessive bail or cruel punishments can secure your pretrial release.

How Does Discovery Work in Federal Criminal Prosecutions?

Discovery in federal prosecutions involves the mandatory exchange of information under Federal Rule of Criminal Procedure 16, allowing the defense to evaluate the prosecution’s case and identify vulnerabilities. Lessem, Newstat & Tooson, LLP excels in this phase, utilizing it to construct robust defenses that contribute to dismissals or advantageous pleas.

Prosecutors must disclose materials, including witness statements, expert analyses, and tangible evidence, with motions available to enforce compliance. The Brady doctrine requires the revelation of exculpatory information, such as evidence of innocence or witness credibility issues, the withholding of which can result in reversals.

Evidentiary standards are rigorous:

• Hearsay is generally inadmissible
• Forensic evidence demands verifiable chains of custody
• And digital records require authentication.

Federal cases often entail voluminous discovery, including electronic data from surveillance or financial audits. If concerns arise regarding evidence in your case, arrange a complimentary evaluation.

What Key Roles Do Federal Criminal Defense Attorneys Play in Your Case?

Federal criminal defense attorneys serve as essential advocates, navigating the complexities of federal proceedings to safeguard clients’ rights and pursue optimal outcomes.

Key responsibilities encompass:

• Initial case assessment
• Evidence review
• Independent investigation to gather mitigating facts.

Attorneys negotiate with prosecutors for plea agreements that minimize penalties and file pretrial motions to exclude improper evidence. During trial, they present arguments, cross-examine witnesses, and advocate for verdicts, while post-trial efforts include appeals based on legal errors.

At Lessem, Newstat & Tooson, LLP, our attorneys fulfill this role with diligence, drawing on over 50 years of combined experience to secure reductions, dismissals, and acquittals. Our firm prioritizes client protection across all phases. If you require federal defense, contact us for a free consultation to benefit from our expertise.

Choose An Attorney with Federal Defense Experience

This is important because federal prosecutors have one goal in mind, and that is to fully prosecute the defendant and to hold them accountable for maximum penalties. When dealing with serious charges, it is important that the attorney you entrust your case to has a background specific to federal cases. Choosing an attorney who has criminal defense experience outside of the federal court system may not be enough to help you avoid a conviction.

If you are convicted of a federal crime, you could be made to spend years in prison, pay hefty fines, and lose your professional reputation and future. With this much at stake, it is critical to speak with a skilled federal crime attorney who can immediately give you the legal assistance that you need.

Start Your Free Case Review with an Experienced Federal Crimes Lawyer

With over 50 years of combined experience, our attorneys fight aggressively for our clients and ensure that they are fully protected in every facet of the trial. We have obtained hundreds of dismissals for our clients and continue to add to our successful track record daily.

Effectively challenging federal charges is our priority, and we do everything in our power to provide our clients with an undeniable defense case. We understand how the FBI, DEA, and other federal law enforcement agencies work and are able to expose any flaws that may exist in the prosecution’s case. If you want a strong defense and a chance at fully beating your charges, speak with an attorney from the firm today.

Contact a defense attorney so that your case can be reviewed immediately.

See If Post-Conviction Relief Is Available to You

In 2023, the United States Sentencing Commission (USSC) voted to make Amendment 821 Part A and Part B retroactive, which could allow thousands of federal inmates a chance to reduce their sentencing, as well as potentially provide reduced sentencing to future defendants.

If you are a federal inmate or a “zero point offender” (first-time offender) who has been charged with federal crimes, it will be worth your time to see if Amendment 821 could help you reduce your sentencing. Rather than getting lost in the many legal details of federal law and Amendment 821 on your own, though, team up with the attorneys of Lessem, Newstat & Tooson, LLP. We can be your guides and representatives during all steps of this important process, so you can explore your options under Amendment 821 with confidence.

What is Amendment 821?

USSC Amendment 821 Parts A and B consider a defendant’s “status points” to determine if they are eligible for sentencing reduction, including post-conviction relief in the form of sentencing reduction. Status points are assigned to a defendant who commits an “instant offense” while under a criminal justice sentence.

Criminal justice sentences in this context include:

• Imprisonment
• Parole
• Probation
• Supervised release
• Work release
• Escape

Defendants who meet status point criteria and other requirements may be able to file certain motions to have their sentences reevaluated and possibly reduced.

Our attorneys from Lessem, Newstat & Tooson, LLP can help you understand your eligibility based on the requirements set by both Amendment 821 Part A and Part B, which are noticeably different.

Requirements for Sentencing Reduction/Post-Conviction Relief Under USSC Amendment 821 Part A

To qualify for sentencing reduction/post-conviction relief under Amendment 821 Part A, you must meet these requirements:

• The offense in question was committed under parole, probation, in prison, or on supervised relief, resulting in the use of “status points.”
• Your total criminal history of status points is 2, 3, 4, 5, 7, or 8, which might make you eligible for a 2-point reduction. Or your total criminal history points are 10 or 13, which might make you eligible for a 1-point reduction.
  • If your total criminal history points are 0, 6, 9, 11, 12, or 13 or more, you will likely be ineligible.
• You received a downward departure or variance at the time of your sentencing.
  • If the original sentence imposed is lower than what would be possible through Amendment 821 Part A, you might be ineligible.

Through the proper use of the considerations put in place by Amendment 821 Part A, our legal team may be able to help you secure a sentencing reduction. The USSC expects that there will be thousands of eligible defendants and that the use of Part A will create an average sentence reduction of 113 months. With such a significant reduction expected, we encourage you to see if you are eligible today.

Requirements for Sentencing Reduction/Post-Conviction Relief Under USSC Amendment 821 Part B

Do you have 0 criminal history points because you have no prior convictions, have convictions that fall outside the time limits within sections 4A1.2(d) and 4A1.2(e), or have prior convictions that were excluded from criminal history calculations under unique circumstances? If so, you may be eligible to use USSC Amendment 821 Part B to attain a sentencing reduction.

If you are eligible because you have 0 criminal history points, you must then meet these additional requirements:

• No terrorism adjustment.
• No use of violence or violent threats.
• No death or serious injury was caused by the offense.
• No sex offenses.
• No substantial financial hardship was caused by the offense.
• No use of dangerous weapons or firearms.
• No civil rights offenses.
• No adjustments for hate crimes, vulnerable victims, or serious human rights offenses.
• No aggravating role while engaged in a continuing criminal enterprise.

If you meet all 9 criteria listed above and have not been sentenced yet, you could qualify for a 2-level reduction. If the current imposed sentence is lower than what Amendment 821 Part B would allow, you would likely not qualify.

Lessem, Newstat & Tooson, LLP can help you see if you are eligible to use Part B and file a motion for resentencing under 18 USC Section 3582(c). When a judge rules on a motion for resentencing, it’s likely that there will be no hearing and the decision will be made at the judge’s discretion. Still, the judge must consider sentencing factors under 18 USC Section 3553(a).

Using our attorneys’ help, you can create and file a motion that knows what the judge will consider when reaching a decision. The USSC has estimated that the average sentencing for people who qualify for Part B will drop from 85 months to 70 months, so you will want to see if you can use such a significant sentencing reduction, too.

Let Lessem, Newstat & Tooson, LLP Help

Federal sentencing is complicated. Fighting to have your sentencing reduced on federal charges is even more complex. To avoid making mistakes that could delay or damage your motion for resentencing, start by working with the highly experienced federal criminal defense attorneys of Lessem, Newstat & Tooson, LLP. We are here to help with every step, such as analyzing your case, calculating the sentencing reduction that might be possible, and helping file your motion to the right court.

Gain confidence in your future again by letting our legal team lead the way.