Last Updated on: 19th October 2023, 12:36 pm

Oakland Federal Criminal Lawyers

If you’ve been charged with a federal crime in Oakland, you need an experienced federal criminal defense attorney on your side. Federal crimes carry serious penalties, including long prison sentences, that can disrupt your life forever. Don’t go it alone against the power of the federal government. Get an Oakland federal criminal lawyer to protect your rights.

There are lots of advantages to hiring a federal criminal defense lawyer in Oakland. They know the federal system inside out, including the complex federal sentencing guidelines. This helps them spot issues the feds missed or negotiate for charges with lower sentences. They also have working relationships with federal prosecutors that can help resolve cases faster.

An Oakland federal criminal attorney can also increase your odds at bail so you don’t have to sit in jail awaiting trial. And if you do wind up serving time, they’ll work to get you into a minimum security federal prison camp closest to family.

Common Federal Crimes in Oakland

Some of the most common federal felony charges filed in Oakland include:

• Drug crimes like drug trafficking, distribution, manufacturing, and possession
• White collar crimes such as wire fraud, mail fraud, tax evasion, embezzlement, money laundering, and Ponzi schemes
• Firearms offenses, including possession of a firearm by a prohibited person
• Immigration crimes, including illegal re-entry after deportation

The feds also prosecute plenty of other crimes in Oakland like bribery, racketeering, cybercrimes, and more. Many start as local investigations before the feds take over and file charges.

Federal Sentencing in Oakland

One major difference between federal and state court is sentencing. Oakland federal judges use the U.S. Sentencing Guidelines to determine prison sentences. This is a complex system that scores a defendant’s criminal history and the specifics of their crime to arrive at a sentencing range in months.

For example, a defendant with no criminal history convicted of armed bank robbery could face a sentencing range of 57-71 months. Federal judges can depart from the guidelines but usually stay within the range.

Mandatory minimum sentences also apply to many federal crimes and require judges to impose often harsh five, ten, or twenty-year terms. Your Oakland federal criminal defense lawyer’s job is constructing the most persuasive argument possible to keep sentences as low as can be.

Federal Probation and Supervised Release

Federal probation is only available to defendants with lower guideline ranges, and judges rarely give it in firearms, drug trafficking, or child pornography cases. Eligible defendants must also convince the judge they don’t need prison and can comply with strict conditions like:

• Drug testing and treatment
• Mental health counseling
• Community service
• Employment requirements
• Home confinement

Nearly all federal inmates serve additional years on “supervised release” after leaving prison. It’s similar to parole and a violation means heading back to prison to serve more time. An Oakland federal criminal attorney can help clients avoid violations.

Federal White Collar Crimes

Federal prosecutors in Oakland aggressively pursue complex white collar crime cases involving:

• Securities and investment fraud – Insider trading, Ponzi schemes, accounting fraud, etc.
• Health care fraud – Overbilling Medicare/Medicaid, kickback schemes, off-label marketing of drugs
• Mortgage and bank fraud – Predatory lending, loan modification schemes, mortgage servicing fraud
• Public corruption – Bribery, extortion, racketeering by public officials

These cases often begin with a lengthy grand jury investigation to collect documents and subpoena witnesses. Skilled federal white collar crime lawyers know how to intervene in the investigation stage to prevent or narrow charges.

If indicted, they thoroughly analyze complex documents and use forensic accountants and other experts to challenge the prosecution’s version of events. Even technical charges like wire fraud carry potential decades in prison, so fighting the case is a must.

Federal Drug Crimes

The Northern District of California United States Attorney’s Office aggressively prosecutes federal drug crimes in Oakland involving:

• Marijuana trafficking and illegal grows
• Methamphetamine, cocaine, heroin and opioid trafficking
• Prescription drug diversion
• Drug importation and distribution conspiracies

Medical marijuana is still illegal federally, so the feds can charge grows and dispensaries even if they comply with state law. Other targets include Mexican cartel operations and street gangs like MS-13.

Federal drug mandatory minimum sentences are a huge concern, ranging from 5 years to life in prison depending on drug amounts. Experienced Oakland federal drug crime lawyers know how to avoid the harshest sentences and exploit every defense possible.

Federal Firearms Charges

Some of the most common federal gun charges brought in Oakland include:

• Felon in possession of a firearm or ammunition
• Possession of a firearm in furtherance of a drug crime or crime of violence
• Possession of a stolen firearm
• Transfer of a firearm to a prohibited person
• Possession of a machine gun

These charges often stem from a police contact that reveals a firearm. Unfortunately, the Oakland Police Department has been criticized for racial profiling and civil rights abuses.

A good Oakland federal criminal defense lawyer will scrutinize the legality of any search and seizure leading to the discovery of a firearm. If 4th Amendment violations are found, the gun evidence can be suppressed and the case dismissed.

Federal Appeals in Oakland

After sentencing and judgment in federal criminal cases, Oakland federal defense attorneys can file appeals with the 9th Circuit Court of Appeals. Typical issues raised include:

• Violations of the defendant’s constitutional rights
• Insufficient evidence to support the conviction
• Prosecutorial misconduct
• Excessive or unreasonable sentences
• Misapplication of the sentencing guidelines

The appeals process is complex and has strict deadlines. Hiring an experienced Oakland federal criminal appeals lawyer is key to success. Very few federal convictions get reversed on appeal, but it’s important to exhaust all options.

Proven Oakland Federal Criminal Defense Lawyers

The skilled federal criminal defense attorneys at My Firm have decades of experience representing clients facing prosecution by the U.S. Attorney’s Office and federal agencies like the FBI, DEA, ATF, and IRS. We’ve achieved many favorable case results over the years including:

• Charges reduced or dismissed pre-indictment
• Hung juries and not guilty verdicts at trial
• Charges dismissed post-indictment
• Sentences well below the guidelines
• Supervised release terms cut short
• Successful appeals of convictions and sentences

If you or a loved one need strong defense counsel for a federal investigation or prosecution in Oakland, contact us 24/7 for a free case review. Don’t risk your future and freedom – fight back with an Oakland federal criminal defense lawyer on your side.

References

U.S. Sentencing Commission Guidelines Manual 2018

Northern District of California U.S. Attorney’s Office

U.S. Court of Appeals for the Ninth Circuit