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.
Obstructing the Administration of Justice|
This can result in a increase in two levels to the federal base offense level.
If you have a criminal case, call (562) 860-5027 for a free consultation. We can help you.
Federal Classification of Criminal Offenses in Los Angeles Federal Court
Under 18.U.S.C. section 3559, the classification of offenses by punishment exposure is as follows:
(A) maximum life or death penalty, a Class A felony;
(B) 25 years or more, Class B felony
(C) less than 25 years, but 10 years or more, Class C felony;
(D) less than 10 years, but five or more, Class D felony;
(E) less than five years, but more than one year, Class E felony;
(F) one year or less but more than six months, Class A misdemeanor;
(G) six months or less but more than 30 days, Class B misdemeanor;
(H) 30 days or less but more than five days, Class C misdemeanor;
(I) five days or less, or if no jail stated, as an infraction
If you have a federal criminal case, call (562) 860-5027 for a free consultation.
Los Angeles Federal Jury Panel
The defendant has a right to an impartial jury drawn from a cross section of the community. Most Federal District Courts draw jurors from voter registration lists. Every time someone votes, their names end up as potential jurors in a federal case. In addition, some Federal District Court use names from driver licenses issued in their states.
This can sometimes make or break a case. Jurors often have different life experiences. It is quite possible that certain race groups etc. could constitute a substantial number in the community yet be systematically underrepresented or excluded in the jury pool. This could be grounds for a potential challenge.
If you or a loved one has a federal criminal case, call (562) 860-5027 for a free consultation.
Los Angeles Federal Criminal History of Defendant
The federal criminal offense level ranges from offense level one to 43. Each particular crime has a base offense level. Once this federal criminal base offense level is determined, the client’s criminal history will affect the Federal Sentencing Guidelines.
The federal criminal history category is grouped into six categories. The more points assigned to the defendant based on his prior record, the higher the Criminal History Category. The point assessment is based on the following:
(1) Prior sentences greater than one year and one month will be given 3 points.
(2) Prior sentences greater than 60 days but less than one year and one month will be given 2 points.
(3) All other prior sentences is given one point with a maximum of four points.
(4) For crimes committed while serving a sentence, work release, probation, imprisonment or on escape status is given 2 points.
(5) If the person committed his current offense less than two years after release from 60-day or greater sentences is given 2 points.
If the person committed a prior crime of violence that were not counted because they were considered related is given 1 point with a maximum of 3 points.
Los Angeles Federal Voir Dire
Voir Dire is designed to help illicit information for both the Los Angeles United States Attorney and the Federal Criminal Defense Attorney about information from each prospective Los Angeles Federal Juror. The goal is to find an impartial jury.
If you have a federal criminal case, call (562) 860-5027 for a free consultation.
Los Angeles Federal Grand Jury Transcripts
All witnesses who testify before a Los Angeles Federal Grand Jury are recorded. Generally there is court reporter who take down verbatim testimony concerning a defendants involvement in a case. A motion can be made to ask for the release of these transcripts.
Los Angeles Federal Jury Panel
The defendant has a right to an impartial jury drawn from a cross section of the community. Most Federal District Courts draw jurors from voter registration lists. Every time someone votes, their names end up as potential jurors in a federal case. In addition, some Federal District Court use names from driver licenses issued in their states.
This can sometimes make or break a case. Jurors often have different life experiences. It is quite possible that certain race groups etc. could constitute a substantial number in the community yet be systematically underrepresented or excluded in the jury pool. This could be grounds for a potential challenge.
If you or a loved one has a federal criminal case, call (562) 860-5027 for a free consultation.
Federal Bill of Particulars
Under Federal Rules of Criminal Procedure 7(f), the Los Angeles Federal District Court Judge has the discretion to order specificity as to the defendants specific participation in a conspiracy charge. This would be in response to a motion for a Bill of Particulars.
This could help the defendant determine the exact words used by him which would indicate whether he willfully and knowing agreed to commit the crimes charged in the indictment.
It would also help the defendant understand the dates, places, purpose, and acts done in furtherance of the alleged conspiracy. In addition, it would him the defendant understand if the United States Attorneys Office is charging him with aiding and betting in the Federal crime as well as the names of any un-indicted co-conspirators.
If you or a loved one is facing a criminal case, call (562) 860-5027 for a free consultation.
Los Angeles Federal Post Indictment Arraignment (PIA)
The post indictment arraignment commonly referred to as “PIA” is when the federal criminal defense attorney will generally have his client plead not guilty and set motion and jury trial dates.
This does not mean the case cannot settle. In fact the majority of federal criminal cases resolve prior to jury trial.
If you have a federal criminal case, call (562) 860-5027 for a free consultation. We can help.
Los Angeles Federal Criminal Detention Hearing
The United States Attorneys Office may request detention if the federal criminal case alleged a drug offense carrying a term of imprisonment often years or more, an offense carrying life imprisonment or death, and where the offense carries a crime of violence. In addition, detention can be made on the grounds that the person is a flight risk or a serious risk of obstruction of justice. Many persons detained are housed at the Metropolitan Detention Center.
The federal prosecutor must make the detention request at the defendant’s initial appearance. The hearing must be held within 3 to 5 days later. The United States Attorneys Office may seek a three day continuance and the defendant may request a five day continuance.
The United States Federal District Court Judge or Magistrate will look at four general factors in determining whether a person can be released while his or her case is pending in Federal Court. They are as follows:
(1) The nature and circumstances of the offense including whether the offense is a crime of violence or involves a narcotic drug
(2) The weight of the evidence against the person;
(3) The history and characteristics of the defendant including character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties past conduct, history of drug or alcohol abuse, criminal history and record of appearance at court proceedings;
The nature and circumstances of the danger to any person or the community that would be posed by the person’s release.
Los Angeles Federal Grand Jury
A Los Angeles Federal Grand Jury must have a minimum of 16 but not more than 23 persons. Under the Federal Rules of Criminal Procedure Rule 6(f), an indictment may be issued based upon an agreement of 12 or more jurors. These jurors generally serve for a period up to 18 months.
There is no right to have an attorney present before the Los Angeles Federal Grand Jury.
When one receives a subpoena to appear before the Los Angeles Federal Grand Jury, it is important to determine if you are appearing as a target, subject or witness. It is always advisable to immediately consult with a experienced federal criminal attorney if you have been summoned to appear before a Federal Grand Jury. In reality, the Los Angeles Federal Grand Jury issued indictments on virtually every case that comes before it. Therefore if you are summoned to appear before a Federal Grand Jury, call the law offices of Kita & Iriarte for a free consultation.
Speedy Trial Act
Under the Speedy Trial Act, 18 U.S.C. section 3161, the defendant must be indicted within 30 days from the days he or she was served a federal summons or arrested on federal criminal charges. He or she must be tried within 70 days of the date the federal criminal information or indictment or the date of appearance or the indictment or information. The time runs from the last date. In other words, the general rule is that there is a 70day federal court arraignment to federal jury trial rule.
The United States Supreme Court has stated that the period of filing of pretrial motions up to the date of the scheduled oral arguments on such motions is excluded from the 70 day period.
Los Angeles Federal Presentence Report
Prior to sentencing, the Los Angeles Federal District Court Judge will order a probation report commonly referred to as the “Presentence Report.” Under Rule 32 of the Federal Rules of Criminal Procedure and 18 U.S.C. section 3552, the Los Angeles United States Federal Probation Department is required to prepare a presentence report for every defendant provided that there is a record sufficient to do that.
The information contained in the presentence report contains:
(1) Information about the history and characteristics of the defendant, his or her prior criminal record, financial conditions, and any thing else that affected the defendants behavior that may be helpful in imposing sentence or in the correctional treatment of the defendant.
(2) The classification of the federal offense and the defendant under the Federal Sentencing Guidelines, the kings of sentence and rage suggested for the case and an explanation of any factors that may indicate a departure from the guidelines.
(3) Any relevant policy statement of the Sentencing Commission
(4) Verified information concerning the financial, social, psychological and medical impact and cost to any victim of the federal offense.
(5) Information concerning the nature and extent of non-prison programs and resources available to the defendant and
(6) Any other information requested by the Los Angeles United States District Court Judge.
Los Angeles Federal Building. Copyright 2005 - 2009.
Los Angeles Federal District Court Judges & Magistrates
The Central District of California is one of the most busiest Federal District Courts in the United States.
The main court house building is located at 312 N. Springs St. #G-8, Los Angeles, CA 90012
The Federal Judges that work in the main court house building in Los Angeles are as follows:
U.S. Magistrate Judge Paul L. Abrams, Dept. G. . . . . . . . . .. . . . . . . . . . . . . .. (213) 894-7103
Federal District Court Judge Percy Anderson, Dept. 15 . . . . . . . . . . . . . . . . ..(213) 894-1795
U.S. Senior District Court Judge William M. Byrne, Dept 9. . . . . . . . . . . . . . . (213) 894-3537
U.S. Magistrate Judge Rosalyn M. Chapman, Dept. C . . . . . . . . . . . . . . . . . ..(213) 894-4583
U.S. Magistrate Judge Charles E. Eick, Dept. 20 . . . . . . . . . . . . . . . . . . . . . . (213) 894-5234
Federal District Court Judge Terry Hatter, Dept 17. . . . . .. . . . . . . . . . . . .. . ..(213) 894-5276
U.S. Magistrate Judge Jeffrey W. Johnson, Dept C/8th . .. . . . . . . . . . . . .. . . (213) 894-5369
Senior Federal District Court Judge William D. Keller, Dept1600 . . . . . . . . (213) 894-5350
U.S. Magistrate Magistrate Judge Victor Kenton, Dept 934 H . . . . . . . . . . . .(213) 894-1831
Senior Federal District Court Judge J. Spencer Letts, Dept 4. . . . . .. . . . . . .(213) 894-0925
Federal District Court Judge Ronald S. Lew, Dept. 21 . . . . . . . . . . . . . . . . . .(213) 894-2682
U.S. Magistrate Judge Jennifer T. Lum, Dept. 927-A . . . . . . . . . . . . . . . . . . . .(213) 894-2682
Federal District Court Judge Nora Manella, Dept 11 . . . . . . . . . . . . . . . . . . . . (213) 894-0200
Chief Federal District Court Judge Consuelo B. Marshall . . . . . . . . . . . . . . . ..(213) 894-5288
Federal District Court Judge A. Howard Matz, Dept. 14 . . . . . . . . . . . . . . . . . .(213) 894-5283
U.S. Magistrate Judge Willard W. McEwen, (Assigned Santa Barbara) . . . . .(805) 963-4325
U.S. Magistrate Judge Stephen E. Miller, (Assigned San Bernardino) . . . . . . (909) 889-8301
U.S. Magistrate Judge Margaret A. Nagle, Dept. B . . . . . . . . . . . . . . . . . . . . . . (213) 894-8285
U.S. Magistrate Judge Fernando M. Olguin, Dept. F . . . . . . . . . . . . . . . . . . . . . (213) 894-0215
Federal District Court Judge S. James Otero, Dept.1600 . . . . . . . . . . . . . . . . .(213) 894-1796
Senior Federal District Court Judge Mariana R. Pfaelzer, Dept. 12 . . .. . . . . . (213)894-5286
Federal District Court Judge Dean D. Pregeson, Dept. 3 . . . . . . . . . . . . . . . . .(213) 894-3913
Senior Federal District Court Judge Edward Rafeedie, Dept. 1 . . . . . . . . . . . .(213) 894-3453
Senior Federal District Court Judge William "Bill" J. Rea, Dept. 10 . . . . . . . . .(213) 894-3656
Federal District Court Judge Manuel Real, Dept. 8 . . . . . . . . . . . . . . . . . . . . . . .(213) 894-5696
Federal District Court Judge George P. Schiavelli, Dept. 7 . . . . . . . . . . . . . . . .(213) 894-2719
U.S. Magistrate Judge Suzanne H.Segal, Dept. 23 . . . . . . . . . . . . . . . . . . . . . . (213) 894-0958
Federal District Court Judge Christina A. Snyder, Dept 5 . . . . . . . . . . . . . . . . . (213) 894-3433
Senior Federal District Court Judge Robert M. Takasugi, Dept 22 . . . . . . . . . .(213) 894-5858
U.S. Magistrate Judge Patrict J. Walsh, Dept 827-A . . . . . . . . . . . . . . . . . . . . . (213)894-8958
Federal District Court Judge John F. Walter, Dept 16 . . . . . . . . . . . . . . . . . . . . (213) 894-5396
Federal District Court Judge Stephen V. Wilson, Dept 6 . . . . . . . . . . . . . . . . . .(213) 894-2881
U.S. Magistrate Judge Ralph Zarefsky, Dept 20 . . . . . . . . . . . . . . . . .. . . . . . . . (213) 894-8256
Edward Roybal Federal Building. Copyright 2005 - 2009.
Edward :R. Roybal Federal Building was named after a prominent Congressman. Copyright 2009..
Edward R. Roybal Federal Building and Court House
255 E. Temple Street, Los Angeles, CA 90012
Senior Federal District Court Judge Lourdes G. Baird, Dept 780 . . . . . . . . . . (213) 894-3700
Federal District Court Judge Dale S. Fischer, Dept 830 . . . . . . . . . . . . . . . . . (213) 894-0435
Chief U.S.Magistrate Judge Robert N. Block, Dept 540 . . . . . . . . . . . . . . . . . .(213) 894-6512
Federal District Court Judge Audrey B. Collins, Dept 680 . . . . . . . . . . . . . . . .(213) 894-3759
Federal District Court Judge Florence-Marie Cooper, Dept 750 . . . . . . . . . . .(213) 894-1782
Federal District Court Judge Gary A. Feess, Dept 740 . . . . . . . . . . . . . . . . . . .(213) 894-3480
U.S. Magisrate Judge Stephen J. Hillman, Dept 550 . . . . . . . . . . . . . . . . . . . . .(213) 894-6487
Senior Federal District Court Judge Robert J. Kelleher, Dept 1439 . . . . . . . . (213) 894-5285
Federal District Court Judge George H. King, Dept 660 . . . . . . . . . . . . . . . . . .(213) 894-6907
Federal District Court Judge Gary R. Klausner, Dept 850 . . . . . . . . . . . . . . . . .(213) 894-2649
U.S. Magistrate Judge James W. McMahon, Dept 580 . . . . . . . . . . . . . . . . . . .(213) 894-6500
Federal District Court Judge Margaret Morrow, Dept 790 . . . . . . . . . . . . . . . . .(213) 894-7857
Federal District Court Judge Dickran Tevizian, Dept 880 . . . . . . . . . . . . . . . . . (213) 894-3538
U.S. Magistrate Judge Carolyn Turchin, Dept 590 . . . . . . . . . . . . . . . . . . . . . . . (213) 894-6513
U.S. Magistrate Judge Andrew J. Winstrich, Dept 690 . . . . . . . . . . . . . . . . . . . . (213) 894- 6509
U.S. Magistrate Judge Carla M. Woehrle, Dept 640 . . . . . . . . . . . . . . . . . . . . . .(213) 894-6825
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Call our office for a free consultation at (562) 860-5027 or at 1-866-548-2529.
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