By: Daniel Perlman
A federal criminal charge does not always have to end in a conviction. Depending on the facts of the case, there may be other possible outcomes. For cases prosecuted in Los Angeles, this can include options available nationally as well as programs specific to the Central District of California.
These alternatives can offer a second chance, diverting individuals from a traditional guilty plea or trial verdict. They often focus on rehabilitation and addressing the underlying issues that contributed to the alleged federal crime, rather than solely on punishment.
One alternative to conviction is persuading the government not to file charges in the first place. Federal prosecutors have broad discretion over whether to pursue a case, and a referral from an investigating agency does not automatically become an indictment.
Compelling legal arguments, factual explanations, or mitigation presented early may influence prosecutors' charging decisions. The availability of this option depends on the evidence, the nature of the alleged offense, and other circumstances surrounding the investigation.
The Department of Justice operates a Pretrial Diversion Program that allows certain defendants to avoid traditional prosecution. Instead, a participant agrees to comply with a set of conditions for a specified period.
Examples of conditions may include:
What happens after successful completion depends on the particular diversion agreement. Possible outcomes can include a decision not to pursue charges, dismissal or reduction of charges, or a more favorable sentencing recommendation.
Diversion is not available to everyone. Federal prosecutors exercise substantial discretion in deciding who may participate and can consider factors such as the nature and seriousness of the offense, criminal history, and public safety concerns.
Federal defendants in Los Angeles may also be considered for the Central District of California's Conviction and Sentence Alternatives, or CASA, program. CASA is a post-guilty plea program with two tracks. A participant who successfully completes Track 1 can have the charges dismissed, while a participant who completes Track 2 retains the conviction but receives a probationary sentence. Admission is not automatic, and participants must meet the program's requirements.
Another possible alternative to conviction is dismissal of the charges. Dismissals in federal court can occur in different ways.
The defense may persuade the U.S. Attorney's Office to seek dismissal, for example, by presenting evidence that undermines the government's case or identifying a significant problem with the prosecution. A successful legal challenge can also affect whether the government is able to proceed.
For example, a successful motion to suppress may exclude important evidence from the case. Suppression does not automatically result in dismissal, but the loss of key evidence can make continued prosecution more difficult. Under Federal Rule of Criminal Procedure 48, a prosecutor generally must obtain the court's permission to dismiss an indictment, information, or complaint.
When a case isn't dismissed, and diversion is not available, another option may be negotiating a plea agreement. Federal offenses vary significantly in their consequences. Some carry mandatory minimum sentences, some are felonies with serious collateral consequences, and others are misdemeanors with less severe penalties.
Negotiating a plea that reduces a felony to a misdemeanor or replaces a charge carrying a mandatory minimum with one that does not can substantially affect the potential sentence.
In some cases, changing the charges may also affect whether a noncustodial sentence is legally available. While pleading to a lesser charge still results in a conviction, it may allow a defendant to avoid some of the more severe consequences associated with the original charges.
If you are facing federal charges or are under investigation, some possible outcomes need to be explored early. Once charging decisions have been made or a case has progressed further, certain opportunities may no longer be available.
Early representation can open a line of communication with the U.S. Attorney's Office while charging decisions are still being considered. Defense counsel can address factual or legal issues when appropriate and present information supporting a resolution that does not involve a trial.
For cases in Los Angeles, federal prosecutions are handled by the U.S. Attorney's Office for the Central District of California. The district covers Los Angeles and six other Southern and Central California counties.
Prosecutors make discretionary decisions based on the information available to them. When a defense lawyer becomes involved early, they may be able to present the defendant's account of what happened along with relevant mitigating information.
Depending on the circumstances, that might include employment history, family responsibilities, treatment efforts, restitution already paid, or other context surrounding the alleged conduct. Relevant mitigation presented before a charging decision is finalized may affect how prosecutors evaluate the matter.
Pretrial diversion is governed by eligibility requirements and prosecutorial discretion. In Los Angeles federal cases, counsel can also evaluate whether the CASA program may be relevant.
A defense lawyer can review the applicable program requirements, determine whether a client appears to be a realistic candidate, and present supporting information to prosecutors when appropriate. Because different programs have different requirements and consequences, understanding the particular form of diversion under consideration is important.
Early representation also gives defense counsel more time to investigate the allegations and evaluate which potential resolutions may be available before important decisions are made.
Not every alternative described above is available in every federal criminal case. The available options depend on the charge, the evidence, the defendant's background, the prosecutor's discretion, and the stage of the case.
If you or a loved one is under federal investigation or has been charged with a federal offense in Los Angeles, CA, contact Perlman Defense Federal Criminal Lawyers at (747) 373-0477 to schedule a free consultation. A Los Angeles federal criminal defense attorney can review the circumstances of the case and explain which potential resolutions may be available.
Daniel R. Perlman, the founding attorney at Perlman Defense Federal Criminal Lawyers, leverages his extensive background as a former prosecutor to provide superior defense strategies for clients across federal courtrooms. Earning his Juris Doctor from the Catholic University of America's Columbus School of Law, he first honed his legal skills with the Maryland State’s Attorney’s Office.
This diverse experience enables him to advocate effectively, understanding prosecution tactics intimately, which he expertly counters in defense of his clients. With a profound commitment to justice, Daniel leads his team in tackling complex federal cases, from white-collar crimes to violent offenses, ensuring the highest level of defense through every phase of the criminal process.
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