What is a Federal Crime in California?
Most individuals are familiar with California state crimes. These crimes are usually handled by a district attorney or a city attorney. Most crimes involve state laws and such laws will vary from state to state. Unlike state crimes, federal crimes are punishable anywhere in the United States. Whether you commit a federal crime in California or Nevada, the punishment will likely be the same since the federal law applies to every state.
Who Prosecutes Federal Crimes
When dealing with federal crimes, the prosecuting agency will be the United States Attorney’s Office. Similar to the district attorney’s office, they represent the People and their sole job is to prosecute federal crimes throughout the United States. State crimes are usually investigated by local police or sheriff’s departments. Federal agencies, such as the FBI, Homeland Security, DEA, or ICE take the lead in investigating federal crimes as well as seeking assistance from local law enforcement, if needed.
Federal Court Process
The legal process involving federal crimes in federal court is similar to the state court process. A person charged with a federal crime appears at their first court date for an arraignment in front of a federal magistrate judge. At the arraignment, the magistrate judge may order you to be released on your own recognizance or set bail. Like a state court judge, when setting bail, the federal magistrate judge will consider similar factors in considering the bail amount, such as the nature and circumstances of the offense, your ties to the community, prior criminal history, and the danger you pose to the community.
If bail is set, the magistrate judge may order the defendant to report to Pretrial Services and comply with any additional terms set forth by Pretrial Services. Basically, federal Pretrial Services is similar to a local county probation department.
Following the arraignment, there are additional court appearances where your attorney will get discovery documents, including police reports, and try to resolve or negotiate your case. Of course, you have the option to take the case up to trial.
Like California, a unanimous guilty verdict by a jury in federal court is required to be convicted of a federal crime. Also, similar to the prosecutor’s burden under California state law, the US Attorney is required to prove all elements of the crime beyond a reasonable doubt in order to prove that you are guilty.
Punishment for Federal Crimes
Federal crimes have more severe and harsh punishments than California state crimes. Similar to how California lists crimes under its state Penal Code, the federal government lists crimes under title 18 of the United States Code (“USC”). Some common federal crimes are:
• Child Pornography – 18 USC § 2251
A conviction of child pornography pursuant to 18 USC § 2251 will result in imprisonment in a federal prison for a minimum of 15 years, but not more than 40 years. If you have a prior child pornography conviction, you can be sentenced to federal prison for at least 25 years, but not more than 50 years.
• Mail Fraud – 18 USC § 1341
A conviction of mail fraud pursuant to 18 USC § 1341 will result in a fine and/or imprisonment in a federal prison for up to 20 years.
• Money Laundering – 18 USC § 1956
A conviction of money laundering pursuant to 18 USC § 1956 will result in a fine and/or imprisonment in a federal prison for up to 20 years.
As you can see, facing federal criminal charges is a serious matter. Due to the unique nature of federal crimes, an attorney who only handles state criminal cases will likely not be prepared to represent you. Without the specific understanding of the federal criminal justice system, a state criminal attorney will not be able to adequately protect your legal rights. In fact a lawyer cannot appear in federal court unless they receive a specific license to be able to defend clients accused of federal crimes. Only a qualified and skilled federal crimes attorney will be able to guide you through the complicated federal system and explain to you what options you have and whether or not to speak with law enforcement or cooperate with the US attorney’s office in hopes of getting your federal case dismissed.
At Wallin & Klarich, we have been successfully defending our clients against federal crimes for over 40 years. We have the skill and experience to help you through your criminal charge in federal court and get you the best possible outcome in your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, Torrance, West Covina, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.
