San Diego Federal Criminal Defense Attorney

Federal Criminal Cases Are Different

If you are being investigated or have been charged with a federal crime, you are facing a fundamentally different system than state court. Federal prosecutors have vast resources, specialized training, and conviction rates exceeding 90%. The Federal Sentencing Guidelines create harsh, predictable penalties. And unlike many state cases, federal charges rarely "go away" — they are pursued aggressively from investigation through trial or plea.

I spent over a decade as a trial attorney at the Federal Defenders of San Diego, one of the most respected federal public defender offices in the nation. During that time, I handled hundreds of federal cases and tried 27 to verdict. I understand how federal prosecutors build cases, how agents conduct investigations, and how to find weaknesses in the government's evidence.

Now in private practice, I bring that same experience to every client — whether you are under investigation, have already been indicted, or are seeking to appeal a conviction.

Federal Law Enforcement Agencies

Federal investigations are typically conducted by specialized agencies, each with its own focus and methods. Understanding which agency is involved can help anticipate how your case will proceed.

The Federal Criminal Process

Federal cases move through a structured process that differs significantly from state court. Understanding each stage helps you know what to expect and where opportunities for defense exist.

Investigation

Federal investigations often last months or even years before charges are filed. Agents may use grand jury subpoenas, search warrants, wiretaps, confidential informants, and surveillance. You may not know you are being investigated until agents approach you for an interview or execute a search warrant.

Arrest and Initial Appearance

If you are arrested on federal charges, you will be brought before a magistrate judge within 48 hours for an initial appearance. The court will address bail (called "detention" in federal court) and appoint counsel if you cannot afford an attorney. Federal detention hearings are governed by the Bail Reform Act, and the government may seek to hold you without bail if they can show you are a flight risk or danger to the community.

Indictment

Almost all federal felony charges must be brought by a grand jury indictment. The grand jury is a group of citizens who hear evidence presented by the prosecutor and decide whether probable cause exists to charge you. Grand jury proceedings are secret, and defendants have no right to present evidence or cross-examine witnesses at this stage.

Arraignment and Pretrial

At arraignment, you enter a plea of guilty or not guilty. The pretrial phase involves discovery (exchanging evidence), filing motions to suppress evidence or dismiss charges, and plea negotiations. Federal discovery rules require the government to disclose evidence it intends to use at trial, as well as exculpatory evidence under Brady v. Maryland.

Trial

If your case goes to trial, it will be heard by a jury of 12 citizens who must reach a unanimous verdict. Federal trials follow the Federal Rules of Evidence and are presided over by a U.S. District Judge. I have tried 27 federal cases, including jury trials resulting in acquittals, hung juries, and dismissals after the government rested its case.

Sentencing

Federal sentencing is governed by the Federal Sentencing Guidelines, a complex set of rules that calculate a recommended sentence based on the offense level and criminal history. While the Guidelines are now advisory (following United States v. Booker), they remain highly influential. Effective sentencing advocacy requires understanding how to reduce the offense level, argue for departures, and present mitigating evidence.

Types of Federal Cases I Handle

I represent clients facing the full range of federal criminal charges in the Southern District of California and in federal courts across the country. Common case types include:

• Drug Trafficking and Conspiracy — Charges under 21 U.S.C. §§ 841, 846, 952 for manufacturing, distributing, or importing controlled substances.
• Illegal Reentry — Prosecution under 8 U.S.C. § 1326 for returning to the United States after deportation.
• Firearms Offenses — Felon in possession (18 U.S.C. § 922(g)), using a firearm in drug trafficking or violent crime (18 U.S.C. § 924(c)).
• Fraud and White Collar Crimes — Wire fraud, mail fraud, bank fraud, healthcare fraud, tax crimes, money laundering.
• Immigration Crimes — Alien smuggling, illegal entry, visa fraud, marriage fraud.
• RICO and Conspiracy — Complex multi-defendant cases involving racketeering and organized criminal activity.
• Child Pornography — Possession, distribution, or production of child sexual abuse material.
• Public Corruption — Bribery, extortion, honest services fraud involving public officials.

Federal Sentencing Guidelines

The Federal Sentencing Guidelines are a set of rules created by the U.S. Sentencing Commission that provide recommended sentences for federal crimes. While judges are no longer required to follow them, the Guidelines remain the starting point for every federal sentence.

Sentencing under the Guidelines involves calculating an offense level based on the specific conduct (type of drug, amount of loss, use of a weapon, role in the offense) and a criminal history category based on prior convictions. These two numbers intersect on the Sentencing Table to produce a Guidelines range in months.

Effective federal defense requires understanding how to:

• Challenge the government's calculation of drug quantity or loss amount
• Argue against role enhancements (leader, organizer, manager)
• Seek safety valve relief to avoid mandatory minimums in drug cases
• Present grounds for downward departures or variances
• Develop mitigation evidence about the client's history and characteristics

Why Hire Me for Your Federal Case

When you are facing federal charges, you need an attorney who has actually done the work — not someone learning on your case. My background includes:

• 13+ years of federal criminal defense experience, including over a decade at the Federal Defenders of San Diego
• 27 federal jury trials, with acquittals, hung juries, and dismissals
• 7 oral arguments before the Ninth Circuit and California Courts of Appeal
• Harvard Law School Wasserstein Public Interest Fellow (2019)
• Featured in The New York Times, NPR, LA Times, and The Daily podcast

I handle cases in the Southern District of California (San Diego), as well as federal courts throughout California and across the country. Whether you are under investigation, facing an indictment, or seeking to appeal a conviction, I can help.