federal and state criminal defense

  • BAIL REFORM ACT

    If charged with a federal crime, you need an experienced federal criminal defense attorney such as Marc Days of the Days Law Firm.

    An inexperienced criminal attorney, unfamiliar with the Bail Reform Act and the federal court system, can cost you your freedom while your case is pending.

    If you are charged with a federal crime, you immediately need an experienced federal criminal defense attorney to represent you in Court. A person arrested on federal charges is to be taken without unnecessary delay before a magistrate judge for an initial appearance.

    Your freedom is at stake and a detention hearing, regarding your custody status, will be one of the first matters addressed at your initial appearance. You can expect the government to request that you remain detained while the case works itself through the system. Moreover, the charges you may be facing could carry a mandatory minimum term of imprisonment of 5, 10, or 15 years and depending on your criminal record and the nature of the charge, the mandatory minimum term of imprisonment can increase to 10, 15, or 20 years.

    Given the stakes, you need to be free of custody to best defend yourself. Knowledge of federal criminal procedure and the Bail Reform Act can make the difference between defending against the charges in custody or out of custody. The Bail Reform Act provides that the Court shall release the accused unless such release will not reasonably assure the appearance of the person or will endanger the safety of the community. If the Court determines release will not reasonably assure appearance of the person or the safety of the community, the Court shall release the person if conditions can be set that would reasonably assure the person’s appearance and the safety of the community.
    Marc has successfully excluded and suppressed evidence, including state and federal wiretaps. Marc has extensive federal criminal defense experience involving a broad range of crimes, including, but not limited to: drug distribution, cultivation, and manufacturing; identity theft; white collar (such as money laundering and mail, wire, and bank fraud); internet crimes; sex trafficking; sexual exploitation; child pornography; first degree murder; attempted murder; kidnapping; and bank robbery.

    DRUG CRIMES

    If you have been charged with a federal drug offense, you need an experienced federal criminal defense attorney. Federal drug charges often carry mandatory minimums of 10 years with a maximum of life. Marc Days has handled cases involving Heroin, Methamphetamine, Cocaine, Spice, Marijuana, Oxy, and more. Marc has been able to obtain drug treatment and release for many of his federal clients and persuade the government to reduce charges to offenses with no mandatory minimum or a lower mandatory minimum.

    WIRETAPS/ELECTRONIC SURVEILLANCE

    Marc Days has experience in cases involving electronic surveillance and has successfully suppressed intercepted communications and the fruit derived therefrom. Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (Title III), 18 U.S.C. §2510 et seq., prohibits electronic surveillance except under carefully defined circumstances.

    Title III was enacted to provide greater protection than that mandated by the Constitution. 18 U.S.C. §2515 provides that no part of the contents of any wire or oral communication, and no evidence derived therefrom, may be received into evidence at any trial, hearing, or other proceeding “if the disclosure of that information would be in violation of this chapter.”

    Title III has strict compliance. For example, a communication is “unlawfully intercepted” and, along with evidence derived therefrom, requires suppression pursuant to 18 U.S.C. §§2515 and 2518(10)(a), if the application fails to submit facts establishing probable cause or necessity required by 18 U.S.C. §2518(3)(a)-(d).

    The United States Supreme Court has recognized that the words “unlawfully intercepted” are not limited to constitutional violations and that Congress intended to require suppression where there is failure to satisfy any of Title III’s requirements that directly and substantially implement Congress’ intent to limit the use of intercept procedures to those situations that clearly call for the employment of this extraordinary investigative device. United States v. Giordano, 416 U.S. 505, 527 (1974). The issue of suppression of intercepted communications simply does not turn on law enforcement’s good faith or the judicially fashioned, and narrowly applied, exclusionary rule.

    FIREARMS AND WEAPON OFFENCES

    We have experience handling federal and state firearms cases. We have handled each of the various federal firearms offenses, which include 18 U.S.C. §922(g), 18 U.S.C. §924(c), and 26 U.S.C. §5861(d). If you have been charged with a Federal Firearm Offense, you need an experienced federal defense attorney who can advocate for you and will know your defenses, exposure, and how to navigate the federal system, including the detention hearing, filing of a motion to suppress, or trial.

    18 U.S.C. §922(g) makes it illegal for a person convicted of a felony or misdemeanor domestic violence offense to possess a firearm that has traveled in interstate commerce. The maximum penalty is 10 years imprisonment. Under certain circumstances, a mandatory minimum of 15 years applies, pursuant to 18 U.S.C. §924(e), if a person has three previous convictions for a violent felony or a serious drug offense. Of note is the United States Supreme Courts recent decision in Johnson v. United States, 135 S. Ct. 2551 (2015), which ultimately limited the scope of what qualified as a violent felony, holding 18 U.S.C. §924(e)(2)(B)’s residual clause violated the Fifth Amendment’s guarantee of due process by denying fair notice to defendants and arbitrary enforcement by judges.

    18 U.S.C. §924(c) provides that any person who possesses a firearm in furtherance of a federal crime of violence or drug trafficking offense shall, if convicted under 18 U.S.C. §924(c)(1), be sentenced to no less than five years imprisonment, set to run consecutively to any other sentences imposed for the underlying crime or additional crimes, and without the possibility of probation. The punishment increases to 7 years if the firearm is brandished, 10 years if the firearm is a short-barreled rifle or shotgun, or if it is a semi-automatic assault weapon and rises to 30 years if the weapon is a machine gun or destructive device, or if it is equipped with a silencer or muffler. The sentence imposed pursuant to 18 U.S.C. §924(c)(1) may not run concurrently with sentences for other crimes and repeat offenders receive a minimum of 25 years.

    26 U.S.C. §5861(d) makes it illegal for a person to receive or possess a firearm not registered in the National Firearms Registry, making it illegal to possess certain weapons, including: a sawed off or modified shotgun or rifle, depending on the length of the barrel(s) and weapon; a machine gun; and a destructive device that is any explosive or incendiary, bomb, grenade or similar device. The maximum term of imprisonment is 10 years.

    WHITE COLLAR CRIME/MAIL OR WIRE FRAUD

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    FALSE STATEMENTS

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    MONEY LAUNDERING/STRUCTURING

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    SEX TRAFFICKING/PIMPING

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    POSSESSION

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    RECEIPT

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    DISTRIBUTION

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    POSSESION OF CHILD PORNOGRAPHY

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    RECEIPT OF CHILD PORNOGRAPHY

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    DISTRIBUTION OF CHILD PORNOGRAPHY

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    PRODUCTION OF CHILD PORNOGRAPHY

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    RACKETEERING

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    ASSAULT/BATTERY/MURDER/ATTEMPTED MURDER

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    DUI (DRIVING UNDER THE INFLUENCE)

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    DOMESTIC VIOLENCE

    Marc Days has handled hundreds of domestic violence cases with a vast number resulting in dismissal. A large number that have not been dismissed have been resolved with reduced charges.

    Allegations of violence can threaten your freedom, right to bear arms, and living conditions. A domestic violence restraining order, which is not even a criminal conviction, can result in a lifetime firearm restriction under Federal law, a violation of which is punishable by up to 10 years in prison. (18 U.S.C. §922(g)(8)).

    Under California law a misdemeanor domestic violence conviction can result in jail time, usually requires the completion of a 52 week batterers treatment class, and can result in a 10 year firearms ban. (Cal. Penal Code §29805). Under federal law, a misdemeanor domestic violence conviction results in a lifetime firearm restriction. (18 U.S.C. §922(g)). Under California and Federal law a felony conviction results in a lifetime firearms ban. (Cal. Penal Code §29800; 18 U.S.C. §922(g)).

    Unfortunately, many persons charged with domestic violence, or against whom a restraining order is sought, are never told of these potential consequences which can lead to bigger problems in the future.

    BURGLARY/ROBBERY/THEFT

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Being the focus of a federal criminal investigation, or worse yet, facing federal criminal charges, can be a daunting and terrifying experience. Federal crimes are very serious and often carry lengthy prison sentences and hefty fines. When Federal prosecutors and/or federal law enforcement agents have invested time and money investigating or indicting an individual on federal charges, that individual can be assured that Federal prosecutors will pursue the case with the utmost vigor and intensity which is why you need an experienced federal criminal defense lawyer to handle your case. Federal crimes are investigated by federal agencies such as the Federal Bureau of Investigation (“FBI”), the Drug Enforcement Agency (“DEA”), the Secret Service, the Bureau of Alcohol, Firearms, Tobacco and Explosives (“ATF”), and the Internal Revenue Service (“IRS”).

Federal criminal law is a very complex area of law which requires a lawyer who specializes in federal criminal defense. If you or a loved one have been charged, or believe you may be charged, with a federal crime, please contact Marc. Our lawyers offer consultations twenty four hours a day, seven days a week, and can help you or your loved one navigate the federal criminal process. Our federal criminal defense lawyers will work with you to craft a sound criminal defense strategy based on the facts of your case.

Our attorneys have defended numerous federal criminal cases, including: drug trafficking, drug possession, drug smuggling, drug conspiracies, fraud, gun and weapon offenses, immigration offenses, child pornography, money laundering, counterfeiting, computer crimes, healthcare fraud, mail and wire fraud, robberies and kidnappings. We have experience handling cases involving DNA evidence, wire taps, video surveillance, eye witness testimony, expert witness testimony, and cooperating witnesses.