Border Defense Network Resources

Any type of criminal proceedings can be stressful, and the process is often confusing. In addition, there are differences between state and federal crimes that you should be aware of, and this might effect who you decide to hire to represent you.

California state crimes are most often prosecuted when conduct violates state, city, town, or municipal government laws. These crimes often involve issues like traffic violations, drug crimes, economic crimes, and weapons crimes or crimes of violence. California has very similar criminal laws to the U.S, Criminal Code and the federal government will frequently pass on prosecuting a case but then California steps in and charges the individual or group with the related state criminal violations.

Federal misdemeanors are often minor criminal acts or technical violations occurring on federal property. Most federal felony cases involve violations of federal statutes like mail fraud, immigration matters, tax code violations, major drug trafficking, violent crimes, destruction of federal property, counterfeiting, and numerous other categories. Federal laws deal with matters of a national concern, which usually involve disputes that have constitutional effects and laws passed by Congress.

If you can afford a private attorney, always hire a criminal practitioner that has the knowledge and experience to face and challenge federal investigators, agencies, and every other threat the U.S. Government can throw your way.

Federal laws involve federal issues or interests and are based upon Congressional action and/or bureaucratic regulatory guidelines. Significant economic crimes are usually charged in the federal court system.

A non-exhaustive list of crimes that are prosecuted at the federal level include:

• Crimes committed on federal lands and properties such as government buildings, military bases, Native American reservations, and national parks
• Crimes that cross state lines such as drug trafficking, kidnapping, gun trafficking, and any crime that involves the internet, mail, or private postal services.
• Crimes that involve federal officers or members of the government
• Any customs or immigration violations

In the U.S., many enforcement agencies handle investigations into federal crimes, but all criminal prosecutions are handled by the Department of Justice (DOJ.) The DOJ is headed by the U.S. Attorney General and locally, there are Federal District Courts for every state or territory.

The Southern District of California is the district court for San Diego and Imperial Counties. Due to our location on the southern border, the Southern District is by far, the busiest federal criminal court in California.

The DOJ uses several different federal law enforcement agencies that have the authority to investigate and enforce federal law. Here is a list of the most common agencies your attorney may face depending on the type of charges filed against you:

• Federal Bureau of Investigation (FBI)
• Drug Enforcement Administration (DEA)
• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
• Internal Revenue Service (IRS)
• Customs and Immigration (ICE)
• U.S. Secret Service, and 
• U.S.  Postal Inspection Service

Federal charges usually carry harsher penalties than many state crimes. Political and national interests can affect individual prosecutions and can be an element in your specific criminal case.. Although the actual penalties levied still depend on the offense, sentencing guidelines for federal charges do not always result in harsher penalties for the same types of crimes.

The U.S. Sentencing Commission establishes sentencing guidelines, and a federal Judge has to calculate them properly but does not have to follow them. There are three types of federal crimes – felonies, misdemeanors, and infractions – and nine types of federal crimes. Below you can read about the sentencing guidelines for each:

Felonies

• Class A: Life or capital punishment and a fine of $250,000
• Class B: Minimum least 25 years in prison and a fine of $250,000
• Class C: 10 to 25 years in prison and a fine of $250,000
• Class D: 5 to 10 years in prison and a fine of $250,000
• Class E: 1 to 5 years in prison and a fine of $250,000

Misdemeanors

• Class A: 6 months to 1 year in prison and a $100,000 fine
• Class B: 30 days to 6 months in prison and a $5,000 fine
• Class C: 5 to 30 days in custody and a $5,000 fine

Infractions: Up to 5 days in custody and a $5,000 fine

Finding the right attorney can be a complex process but is necessary to get the right type of counsel.  One of the earliest studies looking into the differences between appointed counsel and retained counsel found  that defendants with appointed counsel plead guilty at higher  rates, receive fewer dismissals, and receive suspended sentences or probation less often than defendants that have hired a private attorney.

For more information read Hiring a Defense Attorney or contact the Border Defense Network today for a free consultation.