Fremont Federal Criminal Defense Attorney
If you are facing federal charges, the federal criminal defense attorneys at the Law Offices of Robert J. Beles are prepared to vigorously protect your rights. Because federal court procedures are different from state court structure, you need experienced federal criminal defense attorneys in Fremont to navigate federal criminal court proceedings. We have years of experience defending people charged with federal crimes or facing deportation.
Federal crime jurisdiction includes:
- Federal Interstate Commerce
- Crimes that cross state lines
- Drug offenses or racketeering (RICO)
- Gun-related offenses
- Deportation
- National security
- The military
- The post office
- Federal taxes
- Federal benefit entitlement programs
Structure and proceedings are different in state and federal courts. California has levels of hierarchy through which the criminal proceedings pass; for example, investigations begin with police who provide information to prosecutors who then take the case to one of several available courts. Alternatively, there is one federal court and charges may be initiated by a U.S. Attorney (prosecutor) through an indictment.
What does remain the same? There are still misdemeanors and felonies, the right to jury trial, and the right to discovery. However, there are substantial differences in pre-trial, discovery, and sentencing.
In state court you have the right to a preliminary or probable cause hearing, where the prosecution must produce sufficient evidence that a felony was committed. If this cannot be proved, the case is dismissed.
In federal court at the federal level a magistrate may set a date, but it rarely takes place. Between the initial appearance and the preliminary hearing the prosecutor presents the case to a Grand Jury for indictment. If there is an indictment, the case goes directly to trial.
In state courts discovery is required, by statute, long before a trial.
For federal courts under the Federal Rules of Criminal Procedure discovery is not required until after the witness testifies, which could greatly impact the defense.
State courts give the judge discretion to follow mandatory minimum and maximum sentencing or allow a plea bargain even without the concurrence of a District Attorney.
For federal court the United States Code and the Federal Sentencing Guidelines control sentencing. Federal judges sentence according to a formula that includes the offense of conviction and the defendant’s criminal history. Once this is reviewed a sentence is determined by a chart.
Do not walk into a federal court without the proper legal counsel of Fremont federal criminal attorneys. If you are charged with a federal crime or deportation, contact a federal criminal defense attorney in Fremont at the Law Offices of Robert J. Beles. Our criminal defense law firm represents clients throughout Alameda and Contra Costa counties, in areas such as Oakland, Fremont, Pleasanton, Hayward, Martinez, Richmond, Berkeley, Walnut Creek, and Pittsburg.
| Robert Beles | - | State Certified Criminal Law Specialist |
| Anne Beles | - | State Certified Criminal Law Specialist |
| Paul McCarthy | - | State Certified Appellate Law Specialist |
| Emilio Parker | - | State Certified Immigration Law Specialist |
Contact us for a free consultation: (510) 836‑0100
Let our experience work for you. We can help!
