Wednesday, November 30, 2022

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.

Pre-trial

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.

 

Discovery—the prosecution’s obligation to present all the evidence to the defense

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.

 

Sentencing

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.

State Certified Specialists
Robert Beles - State Certified Criminal Law Specialist
Anne Beles - State Certified Criminal Law Specialist
Paul McCarthy - State Certified Appellate Law Specialist
Manisha Daryani - State Certified Appellate Law Specialist
Emilio Parker - State Certified Immigration Law Specialist
California Board of Legal Specialization

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    Very Pleased with Robert’s Services

    "Robert Beles and his team are straightening out my matters that the San Francisco public defender left in shambles. I had to be patient and wait for court dates and for judges to rule in my favor. Thanks to Robert and his team my future looks much better and my record is clean."

    Dwight

    Beles Law Office Can Handle Anything in the Criminal Law World

    "Robert has been practicing many many years and can handle anything. My experience with them has been great."

    Mike M.

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    Office Locations

    Oakland Office
    The Ordway Building
    1 Kaiser Plaza - Suite 2300
    Oakland, CA 94612
    Phone: (510) 836-0100
    Fax: 510-832-3690

    Hayward Office
    22320 Foothill Blvd.
    Hayward, CA 94541
    Phone: (510) 889-1030

    Fremont Office
    39560 Stevenson Place - St 217
    Fremont, CA 94536
    Phone: (510) 745-7755

    Pleasanton Office
    4900 Hopyard Rd. - Suite 100
    Pleasanton, CA 94588
    Phone: (925) 460-5400

    Walnut Creek Office
    2121 N. California Blvd
    Walnut Creek, CA 94507
    Phone: (925) 460-5400

    San Jose
    2880 Zanker Road, Suite 203
    San Jose, CA 95134
    Phone: (408) 255-5100

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