San Diego, California San Diego Defenders Team
How Are Offenses Different in Federal Cases?
Generally speaking, federal felony crimes do not involve violence in the vast majority of cases. Our federal clients and their families who support them are passionate about protecting their loved ones from the “draconian” or harsh punishment from federal statutory mandatory minimums that come with many federal charges. For instance, Importation of 5 kilos of cocaine, 100 grams of pure methamphetamine or 1 kilo of heroin carries a 10 year statutory mandatory minimum all under 21 U.S.C. § 952 and 21 USC § 960 . We have represented hundreds of people charged with these crimes since 1990 and as of this date, none have received the mandatory minimum sentence when this office represented the defendant. If you or a family member is charged with a federal offense, call us for a free telephone consultation. We can explain Safety Valve, the new First Step Act, and the possible defenses in your case. Call us 24/7 at (619) 258-8888.
Federal Offenses Can Be Motivated by Family Needs or a Result of Deception by Others.
Federal crimes are usually economic in nature and in most instances motivated by family needs or are a result of being deceived by others. For instance, it is common to hear a client tell us that they were tricked into believing that what they were crossing was legal and they needed money to make ends meet. The classic case is where our client responds to an advertisement online to help senior citizens and when they meet the “prospective employer” the job changes to taking a package of money across the San Ysidro border. Our client might believe that crossing money is legal (even if they think it might be drug money) and are arrested for bulk cash smuggling Title 31 U.S.C. § 5332 or even worse, the package contains drugs. The motivation is family needs to make ends meet; however, the client is deceived and tricked into committing a federal offense.
The Importance of Humanizing Our Client to the Judge, Jury or Prosecutor.
Many federal defendants are charged with federal offenses where the Government law enforcement maintains that they committed the crime to make money as opposed to state crimes of passion and violence like assault and domestic violence. Federal crimes also include embezzlement or theft of government property under Title 18 U.S.C. § 641 which is obviously a crime where the motive of the accused is financial gain. Of course, the circumstances which lead to the offense are some of the most important facts to communicate in the case. San Diego Defenders’ supervising attorney, Daniel Smith, says “ in many cases, the motivation to commit the federal crime is the most important factor in humanizing our clients before the judge, jury and prosecutor – these are good people who may have never been convicted of any crime in the past.” The fact that our client has turned his or her life around and has a good solid plan to become a productive member of society is often the most important information to get to the Judge in a federal case. At San Diego Defenders, our clients are not pushed through the system, the are good people that have a plan. We understand the importance of humanizing our client and, unlike most public defenders, we have the time to humanize our client for the best results in a federal charge.
Experience Counts – Whether Negotiating a Plea Agreement or Proceeding to Jury Trial
San Diego Defenders’ supervising attorney Daniel Smith started defending federal clients in 1990. He has recent results with co-counsel Jon Pettis of a “not guilty verdict” after a jury trial where his client was charged with smuggling 25 kilos of methamphetamine in a spare tire “blind mule” defense. When negotiating a case, Mr. Smith has results as recent as mid-2019 of plea agreement deals that resulted in sentences of probation for smuggling kilos of cocaine, heroin, and methamphetamine. Although San Diego Defenders cannot guarantee results, we have historical results that families of clients charged with federal crimes trust to represent their loved ones. Call us today and let us help you or a family member at (619) 258-8888.
