Decline the interview, politely
You are not required to speak with federal agents. Ask for their cards, say you will have counsel contact them, and stop.
Criminal defense
A federal case is not a bigger state case. The investigators, the courthouse, the bail rules, the discovery, and the sentencing all work differently, and the decisions that matter most are made before the first court date. The consultation is free.
Patrick S. AguirreCriminal defense attorney · Long BeachCallback request
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Federal versus state
Long Beach criminal cases are ordinarily prosecuted by the Los Angeles County District Attorney or the Long Beach City Prosecutor in Los Angeles Superior Court. A federal case is brought by the United States Attorney for the Central District of California and heard in federal court, most often at the First Street courthouse or the Roybal Federal Building in downtown Los Angeles, or in Santa Ana. The investigators are federal agents: the FBI, DEA, Homeland Security Investigations, ATF, IRS Criminal Investigation, the Postal Inspection Service, and others, and by the time a person learns of the case the investigation is usually months old.
Federal charges are typically brought by grand jury indictment. There is no preliminary hearing at which the evidence is tested early, discovery arrives on a different schedule, and the Speedy Trial Act sets its own clock. The great majority of federal cases resolve by plea agreement, which makes the terms of that agreement, and the sentencing that follows it, the center of most federal defenses.
Sources: 18 U.S.C. 3142(f), detention hearings.
The cases
Detention
Federal release is decided under the Bail Reform Act at a detention hearing, usually within days of arrest. The court asks whether any conditions can reasonably assure appearance and the safety of the community; in many drug cases, and whenever a firearm is charged under 18 U.S.C. 924(c), the law presumes detention and the defense has to overcome it. Money matters less than in state court and the record assembled for the hearing matters more: residence, family, employment, ties to the district, and a proposed custodian or bond.
Before that hearing a Pretrial Services officer will interview the person about their background. That interview is not the place to discuss the facts of the case: what is said there shapes the release decision, and a false statement in it is a separate problem.
Sentencing
Federal sentences begin with the United States Sentencing Guidelines, an advisory grid built from the offense conduct, the loss or drug quantity, the role, the criminal history, and adjustments for acceptance of responsibility and cooperation. Judges may depart from the range but start from it, so the fight over how the conduct is characterized begins at the plea and is often more consequential than the plea itself.
Layered on top are statutory mandatory minimums: five and ten years by drug quantity, a consecutive five years or more for a firearm in a drug or violent crime under 18 U.S.C. 924(c), and others. Whether a minimum applies, and whether a safety valve or a cooperation motion can move a sentence below it, is decided by facts that are often settled early in the case.
Before charges
Many federal cases announce themselves before an arrest: agents asking for a “voluntary” interview, a grand jury subpoena for records or testimony, or a target letter from the U.S. Attorney’s Office. Each is a decision point. A statement to agents is evidence, and a false one is a separate federal crime under 18 U.S.C. 1001. A subpoena can be negotiated. A target letter is an invitation to a conversation between counsel and the prosecutor about charges, cooperation, and resolution before an indictment is returned. None of them should be answered without counsel.
The first days
You are not required to speak with federal agents. Ask for their cards, say you will have counsel contact them, and stop.
Ask for a warrant. Do not unlock a phone.
Obstruction is charged more easily than the underlying offense and is often the charge that sticks.
Subpoenas, target letters, business records, and a note of every contact with agents, with dates and names.
The initial release decision is made early. A detention hearing may be reopened under 18 U.S.C. 3142(f) when previously unknown, material information supports reconsideration; do not rely on a later opportunity to supply evidence already available.
The office
The office represents people facing state and federal criminal charges. It has defended people accused of crimes in Long Beach and across Los Angeles County for nearly three decades. The firm now has offices in Long Beach and Downey. In federal matters the work starts as early as the client allows: engaging with agents and prosecutors during the investigation, preparing the release record for the detention hearing, reviewing the discovery against the indictment, and, where a resolution is the right course, negotiating the plea agreement and the Guidelines facts that will determine the sentence. Where the case should be tried, it is prepared for trial.
The office speaks Spanish.
Frequently asked questions
Not without counsel. You have the right to decline the interview and to ask that any contact go through your lawyer. Cooperation may later be the right decision; it should be made with advice and, usually, with an agreement in place.
Release in federal court is decided at a detention hearing under the Bail Reform Act, not from a schedule. The court may release a person on conditions, a signature bond, or a property bond, or order detention. The record presented at that hearing decides it.
A letter from the U.S. Attorney’s Office informing you that you are the target of a grand jury investigation and inviting you to contact the prosecutor, often through counsel, before an indictment. It is an opportunity as much as a warning, and it should be answered by a lawyer.
Federal prosecutors file cases after long investigations and charge them in ways that carry substantial Guidelines and mandatory-minimum exposure at trial. The plea agreement and the sentencing that follows are where most federal defenses are won or lost, which is why the early work matters so much.
Selected case results
A selection from 55 documented results
Criminal defense
Norwalk Superior Court
Not-guilty verdict
Criminal defense
Riverside Superior Court
Not guilty on all charges after three years in custody
Criminal defense
Westminster Superior Court
Charge dismissed at trial
Client experiences
“12 counts 2 felony charges DISMISSED … he got him out of jail FAST.”
“I just walked out of court a free man after getting my case dismissed.”
“From the beginning to the end, Patrick and his professional office staff kept us informed on any updates, concluding the case with a dismissal!”
“Best defense attorney in town. … He cares about his clients and takes every case seriously. The staff is friendly and caring.”
Meet your attorney
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
Free consultation
The earlier an attorney is involved, the more options you have. Call now or request a callback and the office will reach out.
Callback request
Leave your contact information and, if helpful, a short general summary. The office will follow up.
The office received your contact request. If your matter is urgent, call 562-904-4337.