By: Daniel Perlman
Many people who are charged with a federal sex offense have never been through the federal criminal justice system before. That alone can make the experience feel intimidating. However, what makes these cases even more difficult is that they can involve issues that do not arise in many other types of federal criminal cases.
If you’re facing charges in Los Angeles, California, learning about these concerns and how they might apply to your case is an important first step. Here is a closer look at what people charged in federal sex offense cases need to be aware of.
Unlike many state-level cases, federal sex crime investigations may begin months before any charges are filed. Agencies such as the FBI may work with state and local Internet Crimes Against Children task forces when investigating alleged child exploitation offenses.
By the time a person learns they are under investigation, federal agents may have already reviewed personal communications or gathered other evidence. In some cases, the first indication of the investigation is a target letter from the U.S. Attorney's Office, contact from federal agents, the execution of a search warrant, or an arrest following a grand jury indictment.
Securing release before trial can be more difficult when certain federal sex offenses are charged. Under 18 U.S.C. § 3142, a rebuttable presumption in favor of detention applies to certain qualifying offenses when the court finds probable cause to believe the defendant committed the offense.
The presumption does not mean detention is automatic. The court considers whether any condition or combination of conditions can reasonably assure the defendant's appearance and the safety of another person and the community.
When a judge does grant pretrial release, the conditions may be restrictive and can include things like:
These conditions can substantially affect a defendant's daily life while a federal case is pending.
Some federal sex crimes carry mandatory minimum prison sentences. For example, a first conviction for producing child pornography under 18 U.S.C. § 2251 generally carries a mandatory minimum sentence of 15 years in federal prison.
Sex trafficking of a minor under 18 U.S.C. § 1591 can carry a mandatory minimum of 10 or 15 years, depending on the victim's age and whether force, threats, fraud, or coercion were involved. Federal defendants sentenced under the modern federal sentencing system generally are not eligible for parole.
Federal sentencing guidelines also take into account factors such as the nature of the offense and the defendant's criminal history. The ultimate sentence depends on the statute involved, applicable guideline provisions, the facts of the case, and other sentencing considerations.
A conviction for a qualifying sex offense can trigger registration requirements under the Sex Offender Registration and Notification Act (SORNA).
SORNA establishes three tiers:
Each tier has different registration periods and verification requirements. The applicable tier depends on factors including the offense of conviction, the victim's age, and certain prior convictions. State registration requirements may also apply and do not always mirror the federal framework exactly.
Failing to register or update registration information as required can itself result in federal prosecution under 18 U.S.C. § 2250 when the statute's requirements are met. A conviction under the statute can carry up to 10 years in federal prison.
The impact of a federal sex offense conviction can continue after the penalties imposed by the court have been served. Depending on the offense, registration requirements, conditions of supervised release, and applicable state or federal law, there are various possible collateral consequences.
These can include:
Federal civil commitment is not an automatic consequence of a sex offense conviction. Under 18 U.S.C. § 4248, the government may initiate proceedings involving certain people in federal custody who are alleged to be sexually dangerous. A court must make the required findings before civil commitment can occur.
These consequences can make the stakes in a federal sex offense case especially high. A defense strategy may need to account not just for the immediate criminal penalties, but also for what a conviction could mean after the criminal case ends.
Federal sex offense cases can involve lengthy investigations, detention issues, substantial prison exposure, and registration requirements. Speaking with a lawyer early can be important because decisions made during an investigation or shortly after an arrest can affect later stages of the case.
Perlman Defense Federal Criminal Lawyers represents people facing federal criminal charges in Los Angeles and federal courts throughout the United States. During a consultation, a Los Angeles federal criminal defense lawyer can review the allegations, explain the federal court process, and discuss potential next steps based on the circumstances of your case.
Contact us today at (747) 373-0477 to schedule a free consultation with a Los Angeles federal sex crimes attorney.
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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