If you have been contacted by federal agents, served with a target letter, or indicted in the Central District of California, you have a narrow window to take the right steps. Robert M. Helfend is a Los Angeles federal criminal defense attorney who has defended federal cases since 1984. He has handled more than 4,000 state and federal criminal cases, tried roughly 100 cases to a jury, and personally manages every case from the first call through sentencing and appeal.
Robert is admitted to practice in the U.S. District Court for the Central District of California and the U.S. Court of Appeals for the Ninth Circuit. He has been named to The National Trial Lawyers Top 100 and selected to Super Lawyers every year from 2021 through 2025, a distinction limited to the top 5% of Southern California attorneys.
What you do in the first 48 hours often shapes the rest of the case. Here is the bottom line: federal cases are not state cases with bigger penalties. They run on different rules, in different courthouses, with different prosecutors and a different sentencing system.
The acquittal rate at federal trial is roughly 0.4%. The work that actually changes outcomes happens before trial: pre-indictment intervention, suppression motions, Sentencing Guidelines arguments, and plea negotiations grounded in real federal experience.
The Helfend Law Group represents clients facing federal criminal charges across the Western Division courthouses in downtown Los Angeles, the Eastern Division in Riverside, and the Southern Division in Santa Ana.
Call 800-834-6434 for a free and confidential consultation.
- Federal case results
- What counts as a federal crime?
- What does a federal criminal defense attorney do?
- Why federal cases are different from state cases
- Your legal rights during a federal investigation
- The federal criminal process in Los Angeles
- Common defense strategies in federal criminal cases
- Federal sentencing exposure on common charges
- What to look for in a federal defense attorney
- How much does a federal criminal defense lawyer cost?
- Why clients hire the Helfend Law Group for federal criminal defense
- What to do right now if you’re under federal investigation
- Frequently asked questions about federal criminal defense
Federal case results
Federal charges do not always end in conviction. In a federal drug conspiracy case involving 12 kilograms of cocaine, the Helfend Law Group won dismissal of the indictment before trial after Fourth Amendment challenges to the search. In a federal wire fraud and bank fraud prosecution, the majority of charges were dismissed mid-trial after the defense exposed investigative errors by federal agents.
More outcomes are listed on the recent case results page.
“Mr. Helfend absolutely saved my bacon. After finding myself charged with fraud, I was terrified. I have never been introduced to the legal system from this side before, and it was unsettling. However, Robert was able to calm me down and help me figure out my situation. He even got the case dropped before trial!”
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What counts as a federal crime?
A federal crime is any offense that violates federal law, usually codified in Title 18 of the United States Code. Conduct becomes federal in three main ways.
The conduct crosses state lines, like wire fraud or interstate drug distribution. The conduct involves a federal interest, like mail fraud, tax evasion, or fraud against a federal healthcare program. Or the conduct happens on federal property, including military bases, national parks, and federal buildings.
Some conduct can be charged in either federal court or under California law in state court. Drug crimes, firearms offenses, and certain fraud schemes often qualify under both. Federal prosecutors generally pick up the matter when the conduct is large enough or organized enough to justify federal court attention.
Common federal crimes the firm defends include wire fraud, mail fraud, bank fraud, securities fraud, healthcare fraud, money laundering, drug trafficking, identity theft, federal firearms charges, child pornography offenses, racketeering and RICO, tax fraud, public corruption, and obstruction of justice. These criminal offenses are prosecuted by the United States Attorney’s Office, and a single federal offense often arrives with related counts stacked on top.
What does a federal criminal defense attorney do?
A federal criminal defense attorney represents people who are under investigation or facing federal criminal charges in the federal court system, from the first contact with agents through trial, sentencing, and appeal. The job covers pre-indictment negotiation with federal prosecutors, discovery review, suppression and dismissal motions, Sentencing Guidelines strategy, plea negotiation, and trial.
The earlier that work starts, the more options stay open. Before charges are filed, a defense attorney can engage the United States Attorney’s Office directly, present facts the agents missed, and sometimes keep the case from being charged at all. After indictment, the focus turns to attacking the government’s case and building a comprehensive defense around the specific elements the prosecution has to prove.
The federal government brings near-unlimited resources to a criminal prosecution, so a matching level of preparation on the defense side is not optional. Some federal crime lawyers concentrate on one charge type; others handle the full range of federal criminal law, from white collar cases to drug conspiracies. The right fit is an attorney who has done the specific work the case requires, in federal court, recently.
Why federal cases are different from state cases
People who hire a criminal defense attorney with no federal court experience usually find out the difference too late. Federal court runs by its own rulebook, and the federal laws that govern a federal crime case differ in important ways from California law and the state court system.
The investigations are longer and quieter. Federal agencies like the Federal Bureau of Investigation, the Drug Enforcement Administration, the Internal Revenue Service Criminal Investigation Division, the ATF, the Secret Service, the U.S. Postal Inspection Service, and Homeland Security Investigations build federal criminal cases over months or years before charges are filed. By the time the federal government files charges, the prosecution’s case is already largely built.
The discovery rules are stricter. Federal Rule of Criminal Procedure 16 governs discovery, supplemented by the Jencks Act and Brady and Giglio obligations. Missing a deadline can foreclose a defense argument permanently.
The sentencing system is its own discipline. Federal sentences are calculated using the Federal Sentencing Guidelines, which combine an offense level with a criminal history category to produce a recommended range. Prior convictions count against you in the criminal history calculation. After the United States Supreme Court’s decision in United States v. Booker, the Guidelines are advisory rather than mandatory, but federal judges must still calculate them correctly. Mandatory minimums set by statute also constrain what a judge can do, particularly in drug cases and child pornography cases.
The trial outcomes are different. Federal trial conviction rates exceed 80% in cases that reach a jury. Roughly 90% of federal defendants who don’t have charges dismissed enter a plea agreement. The defense attorney’s job is rarely to win at trial. It’s to prevent the indictment, suppress key evidence before trial, or negotiate a plea that minimizes Guidelines exposure.
Federal prison is different from state prison. Federal sentences are served in Bureau of Prisons custody. There is no parole in the federal system. A defendant who receives a 60-month sentence will typically serve about 85% of it.
Your legal rights during a federal investigation
Federal investigations begin in different ways. Sometimes federal agents knock on your door. Sometimes you receive a target letter from the U.S. Attorney’s Office. Sometimes the first notice is a federal search warrant or an arrest warrant served at dawn.
Whatever the trigger, your legal rights stay the same.
You have the right to remain silent under the Fifth Amendment. Federal agents are trained to make conversations feel casual and helpful. They are not. Anything you say can become evidence against you. Lying to a federal agent is its own felony under 18 U.S.C. § 1001, even if you’re never charged with the offense being investigated. If agents ask for an interview, the safest answer is that you are willing to talk, but only after speaking with your attorney. That is your constitutional right, and it protects you from the consequences of misspeaking or misremembering a fact during an interview with federal investigators.
You have the right to legal counsel. You can refuse to answer questions until your attorney is present.
You have rights under the Fourth Amendment when the government is gathering evidence. Search warrants that are overbroad, based on stale information, or supported by false statements in the affidavit are all subject to challenge, and so are searches that exceed the warrant’s scope. An illegal search can result in suppression of every piece of evidence the government seized, which sometimes ends a criminal prosecution before it begins.
A target letter is written notice from a federal prosecutor or the Department of Justice that you are the target of a grand jury investigation. It usually describes the federal crime being investigated and what prosecutors expect next, typically testimony or a meeting. A target letter is not an indictment, but it often means charges are close, and it is the point where retaining legal counsel stops being optional.
The legal process moves quickly once federal criminal charges are filed, and your decisions in the first hours and days have outsized weight. The single best step is calling a federal criminal lawyer before you do anything else.
The federal criminal process in Los Angeles
Most federal cases follow the same general path, though every case has wrinkles that change strategy.
Investigation. Federal agents may approach you. You may receive a target letter or grand jury subpoena. Investigators may search your home, business, or phone under warrant. Two rules apply: do not answer questions without legal representation, and do not destroy or alter any document, file, message, or device. Doing so is obstruction under 18 U.S.C. §§ 1512 and 1519.
Indictment. If the grand jury finds probable cause, it returns an indictment. Indictments in this district are filed at the First Street U.S. Courthouse at 350 W. 1st Street in downtown Los Angeles. The federal courthouse there houses the active U.S. District Judges, while the Edward R. Roybal Federal Building two blocks away houses most magistrate judges and handles initial appearances.
Some federal cases proceed by criminal complaint and arrest before indictment, particularly when agents believe a defendant is a flight risk. An indictment must then follow within 30 days under the Speedy Trial Act.
Initial appearance and detention. After arrest, you appear before a magistrate judge, usually within 48 hours. The government can move for detention under the Bail Reform Act. Defendants who are detained pretrial fare measurably worse at sentencing than those released.
Arraignment and motion practice. At arraignment, you enter a plea. The court sets a trial date and a motion deadline. Pretrial motions are where most defense work happens. A successful suppression motion can end a case before trial. A successful Franks motion, where the defense shows that an officer made false or reckless statements in a search warrant affidavit, can result in evidence being thrown out and the case dismissed.
Plea negotiations. Most federal criminal cases resolve through plea agreements. The government’s offer is usually shaped by the Guidelines calculation the prosecutor expects the court to adopt. Defense work focuses on reducing the offense level, contesting enhancements, securing acceptance of responsibility credit, arguing for a 5K1.1 substantial assistance departure where cooperation is involved, and negotiating around mandatory minimums.
Trial. Federal trials are governed by the Federal Rules of Criminal Procedure and Federal Rules of Evidence. The pace is faster and the rules stricter than what’s typical in state court. The government must prove every element of every charge beyond a reasonable doubt.
Sentencing. Sentencing happens 60 to 90 days after a plea or verdict. The probation office prepares a presentence investigation report. The defense files a sentencing memorandum and objections. At the hearing, the federal judge calculates the Guidelines, considers the Section 3553(a) factors, and imposes a sentence.
Appeal. Federal appeals go to the U.S. Court of Appeals for the Ninth Circuit. The notice of appeal must be filed within 14 days of judgment.
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Common defense strategies in federal criminal cases
Every case is different, but the playbook draws from the same set of moves.
Pre-indictment intervention. When the firm gets involved before charges are filed, the goal is to keep the case from being charged at all, or to narrow what the government decides to charge. This means engaging directly with the AUSA, presenting facts the agents may have missed, and where appropriate, presenting the client to the U.S. Attorney’s Office on the defense’s terms.
Challenging the search. Many federal cases turn on what was found during a search. If the warrant was overbroad, if the affidavit contained false statements, if the agents exceeded the warrant’s scope, or if the search itself violated the Fourth Amendment, the government’s evidence may be suppressed.
Attacking the sufficiency of the evidence. Federal prosecutors must prove every element beyond a reasonable doubt. When the government’s evidence is built on inferences, cooperator testimony with credibility problems, or circumstantial evidence stretched too thin, the defense exposes those gaps. If the government cannot produce sufficient evidence on a key element, federal charges can be dismissed before trial.
Challenging the Guidelines calculation. Even when guilt isn’t seriously contested, the Guidelines determine the actual sentence. Loss amount in fraud cases, drug quantity in narcotics cases, role enhancements, and obstruction enhancements can each move the sentencing range by years. Litigating these at the presentence stage is where the actual time gets shaved.
Federal sentencing exposure on common charges
Federal crimes carry statutory maximums and, in some cases, mandatory minimums set by Congress. The Guidelines range a defendant actually faces depends on the specific offense conduct, criminal history, and adjustments.
| Offense | Statute | Statutory maximum | Mandatory minimum |
|---|---|---|---|
| Wire fraud | 18 U.S.C. § 1343 | 20 years (30 if a financial institution is involved) | None |
| Mail fraud | 18 U.S.C. § 1341 | 20 years (30 if a financial institution is involved) | None |
| Bank fraud | 18 U.S.C. § 1344 | 30 years | None |
| Money laundering | 18 U.S.C. § 1956 | 20 years | None |
| Drug trafficking, 5kg+ cocaine | 21 U.S.C. § 841(b)(1)(A) | Life | 10 years |
| Drug trafficking, 500g+ cocaine | 21 U.S.C. § 841(b)(1)(B) | 40 years | 5 years |
| Felon in possession of a firearm | 18 U.S.C. § 922(g) | 15 years (Armed Career Criminal Act applies in some cases) | None |
| Receipt of child pornography | 18 U.S.C. § 2252(a) | 20 years | 5 years |
| Production of child pornography | 18 U.S.C. § 2251 | 30 years | 15 years |
| RICO | 18 U.S.C. § 1962 | 20 years (life if predicate carries it) | None |
Sentences in real cases land somewhere between the statutory floor and ceiling, calculated through the Guidelines and adjusted by the judge under Section 3553(a). The defense work that matters is in shaping that calculation.
What to look for in a federal defense attorney
Anyone admitted to the California Bar can theoretically practice in federal court, but theory and practice diverge fast. The search for a federal criminal defense lawyer Los Angeles defendants can rely on comes down to five checks.
Actual federal admission. Verify that the lawyer is admitted to practice in the U.S. District Court for the Central District of California, not just the state bar. Federal admission requires a separate application and good standing.
Federal trial experience. A defense attorney with 30 years of state court trials may not have tried a single federal case. Federal trial procedure and evidence rules differ from state court.
Guidelines fluency. Ask the attorney how they would calculate the Guidelines in your case. The answer should be specific. They should be able to identify the base offense level, the applicable specific offense characteristics, and the likely adjustments without hesitation.
Pre-indictment work. The most valuable federal defense work often happens before charges are filed. An attorney who only takes federal cases after indictment is missing the leverage point.
A real practice, not a referral mill. Some criminal defense attorneys and law firms take federal cases occasionally and refer them out when complexity rises. You want the attorney who runs the case from start to finish.
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How much does a federal criminal defense lawyer cost?
There is no standard fee for federal criminal defense representation, because the price tracks the amount of work the case requires. Most federal defense attorneys charge either an hourly rate or a flat fee set by stage of the case, and federal matters cost more than comparable state cases because they demand more hours, more filings, and more preparation.
The factors that drive the fee are consistent across law firms: the stage at which the federal criminal defense attorney is retained, the number and complexity of the federal criminal charges, the volume of discovery and evidence involved, whether expert witnesses are needed, and whether the case is heading toward a negotiated plea or a trial. A case resolved through pre-indictment intervention costs a fraction of a case that runs through a multi-week federal trial.
The only reliable way to price a specific case is to talk it through with a federal criminal lawyer. Helfend Law Group offers a free consultation on any federal matter, and fee structure is discussed openly in that first call. Call 800-834-6434.
Why clients hire the Helfend Law Group for federal criminal defense
Robert M. Helfend has practiced federal criminal defense for over 40 years and has handled more than 4,000 state and federal criminal cases since 1984. Helfend Law Group handles the full range of federal charged conduct: white collar crime (wire fraud, mail fraud, bank fraud, securities fraud, health care fraud, tax fraud), drug crimes (trafficking, manufacturing, conspiracy, importation), federal firearms cases, child pornography defense, federal sex crimes, RICO and racketeering, and public corruption.
Robert has appeared in the First Street and Roybal courthouses in Los Angeles, the George E. Brown Jr. courthouse in Riverside, and the Ronald Reagan courthouse in Santa Ana. Familiarity with how individual federal judges handle motions and sentencing, and with the AUSAs prosecuting the case, is a meaningful advantage in federal practice.
Beyond The National Trial Lawyers Top 100 and Super Lawyers, his recognitions include Lead Counsel Rated status and the Noticed Expert Network. The firm has handled cases involving every major federal agency operating in Los Angeles, including the FBI, DEA, IRS Criminal Investigation, ATF, Secret Service, U.S. Postal Inspection Service, and Homeland Security Investigations.
The law firm is not a referral mill and not a volume law office. Robert handles federal criminal matters personally, supported by a small legal team, from the first call through sentencing and any appeal. Clients deal with the attorney whose name is on the door.
What to do right now if you’re under federal investigation
Three rules apply from the moment you have any reason to think you’re under federal criminal investigation.
Call a federal criminal defense lawyer before you do anything else. Not a general practice attorney. Not a friend who knows a lawyer. Someone who handles federal criminal cases for a living. A federal criminal defense lawyer can step in at the earliest stage and start protecting your position before the case even reaches indictment.
Stop talking. Do not speak with federal agents. Do not discuss the situation with co-workers, business partners, or family members who might be witnesses. Communications can be subpoenaed. Statements can be charged as their own offenses.
Preserve everything. Do not delete files, messages, emails, or anything else. Do not factory reset a phone or wipe a hard drive. Do not move funds. Acts that look like efforts to destroy evidence become their own charges, often more serious than the original conduct.
Federal cases are won or lost in the early decisions. The right legal defense, retained early, changes outcomes.
To speak with Robert M. Helfend about a federal investigation or charge, call 800-834-6434. Consultations are free and confidential.
Frequently asked questions about federal criminal defense
What is a federal defense attorney?
A federal defense attorney is a criminal defense attorney who represents people accused of serious crimes in the federal court system, in United States district courts rather than state court. The work requires separate admission to the federal bar and command of federal procedure, evidence rules, and the Federal Sentencing Guidelines. Robert M. Helfend is a federal criminal defense attorney who has defended federal cases since 1984.
What is worse, federal or felony charges?
The question compares two different categories. Felony describes how serious a charge is, while federal describes which government is prosecuting it, and nearly every federal crime is charged as a felony. As a practical matter, federal cases tend to be harder on defendants than state felony cases: sentencing is stricter, there is no parole, and the prosecution arrives better resourced.
Do most federal cases go to trial?
No. The federal criminal justice system resolves the overwhelming majority of cases without a jury: roughly 90% of federal defendants plead guilty under plea agreements, about 8% have their cases dismissed, and only around 2% go to trial. That is why the core of federal criminal defense representation is pre-trial work: motion practice, Guidelines strategy, and negotiation.
Can federal charges be dismissed before trial?
Yes. Dismissal before trial happens when the defense suppresses key evidence, discredits a warrant through a Franks motion, or shows the government cannot prove an element of the offense. Helfend Law Group won pre-trial dismissal of a federal drug conspiracy indictment involving 12 kilograms of cocaine after Fourth Amendment challenges to the search.
Does Helfend Law Group handle federal cases outside Los Angeles?
Yes. The firm is based in Los Angeles, where most of its federal work is concentrated, and it accepts federal cases nationwide. Federal law and federal procedure are the same in every district, so the defense approach travels with the case. Call the law office at 800-834-6434 to discuss a matter in any district.
Published January 22, 2013. Last updated August 30, 2026.
References
- Section 1343. United States Code. Office of the Law Revision Counsel, U.S. House of Representatives / Legal Information Institute, Cornell Law School. https://www.law.cornell.edu/uscode/text/18/1343.
- Section 2242. United States Code. Office of the Law Revision Counsel, U.S. House of Representatives / Legal Information Institute, Cornell Law School. https://www.law.cornell.edu/uscode/text/18/2242.
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