Federal Criminal Defense Lawyer in New Orleans

How is a federal charge different from a state charge?

A federal charge means the United States government, not the State of Louisiana, is prosecuting you. Your case is brought by an Assistant U.S. Attorney and heard by a federal judge, not by the local district attorney in a parish courthouse.

Federal charges usually involve federal law, conduct that crosses state lines, federal agencies, banks, the mail or the internet. Sometimes the same conduct could be charged in either system. Drug, gun and fraud cases are the most common examples.

The differences matter for you in three big ways:

• Resources. Federal investigations are often built over months before anyone is arrested. By the time you are charged, the government may already have recordings, records and cooperating witnesses.
• Sentencing. Federal judges must calculate a range under the U.S. Sentencing Guidelines. Some charges also carry mandatory minimum sentences that the judge cannot go below.
• No parole. There is no parole in the federal system. People serve at least about 85% of the sentence, because good-time credit is capped at 54 days per year.

That is why the time to call a federal defense lawyer is early, ideally before charges are filed. You can reach our office 24/7 at (504) 905-8399 for a free, confidential consultation.

Which federal court will hear my case?

If you were charged in Greater New Orleans, your case will almost always be heard in the U.S. District Court for the Eastern District of Louisiana, at 500 Poydras Street in New Orleans. Louisiana is split into three federal districts, and the parish where the case arises decides which one handles it.

A case from Kenner, Metairie or anywhere else in Jefferson Parish goes to the Eastern District. So does a case from New Orleans, Slidell, Houma or Hammond. Barry S. Ranshi is admitted to practice in both the Eastern and Western Districts of Louisiana, as well as the Southern District of Texas.

How do the federal sentencing guidelines work?

The federal sentencing guidelines are a chart the judge uses to calculate a suggested sentence range. The chart has two sides: an offense level from 1 to 43, and a criminal history category from I to VI. Where the two meet is your guideline range.

The offense level starts with the charge and then moves up or down based on the facts. Things like the amount of drugs, the amount of money involved, whether a gun was present and your role in the offense can push the number higher. Accepting responsibility can bring it down.

Since the U.S. Supreme Court decided United States v. Booker in 2005, the guidelines have been advisory, not mandatory. The judge must calculate the range, but then weighs the factors in 18 U.S.C. 3553(a), such as your history, the nature of the offense and the need for a fair sentence. That gives your lawyer room to argue for a lower sentence.

There is one big exception. If the charge carries a mandatory minimum set by Congress, the judge generally cannot go below it. Knowing early whether a mandatory minimum is in play shapes every decision in a federal case.

What federal charges do we defend?

We defend people facing a wide range of federal charges in New Orleans and across Louisiana, including:

• Drug conspiracy and trafficking. Federal drug cases are often charged as conspiracies. A conspiracy charge can reach people who never handled the drugs themselves, because the claim is that they agreed with others. We challenge the evidence and the drug amounts the government attributes to you. See our drug charges page.
• Fraud and white collar crimes. Wire fraud, bank fraud, healthcare and insurance fraud, embezzlement and money laundering. Learn more on our white collar crimes page.
• Firearm offenses. Illegal possession by a prohibited person, guns connected to drug cases, and trafficking. Federal law also bans gun possession for life after a misdemeanor crime of domestic violence. See gun and weapons charges.
• Cyber crimes. Hacking, online fraud and other computer-based offenses.
• Other felonies. Any federal felony charge that puts your freedom at risk.
• Federal appeals. If you believe a verdict or sentence was unfair, we can review your options for appeal.

What should I do if I am under federal investigation?

If you learn you are under federal investigation, do not talk to agents and call a defense lawyer right away. You may find out through a visit from agents, a target letter, a grand jury subpoena, or a search of your home or business.

• Do not answer questions without a lawyer. Agents are trained interviewers. Even a friendly conversation can be used against you, and a false statement to a federal agent can be its own crime.
• Do not destroy or change anything. Deleting texts, emails or files can create new charges.
• Do not discuss the case with coworkers, friends or anyone else who might be a witness.
• Write down what happened for your lawyer only: who contacted you, when, and what they said.

Early help matters most in federal cases. A lawyer who gets involved before an indictment may be able to talk with the prosecutor, present your side, and sometimes change what charges are filed. Call (504) 905-8399 any time, day or night.

What happens after a federal arrest?

After a federal arrest, you will be brought before a federal magistrate judge for an initial appearance. From there, a federal case usually moves through these stages:

1. Initial appearance and detention. The judge explains the charges and decides whether you will be released while the case is pending, and on what conditions.
2. Indictment. Most federal felonies are formally charged by a grand jury indictment.
3. Arraignment and discovery. You enter a plea, and your lawyer begins getting the government's evidence.
4. Motions. Your lawyer may challenge searches, statements, wiretaps or the charges themselves.
5. Plea negotiations or trial. Many federal cases resolve by agreement, but every case should be prepared as if it is going to trial.
6. Sentencing. If there is a conviction, a probation officer prepares a presentence report that calculates the guideline range. Your lawyer can object to errors and argue for a lower sentence.

Each stage has its own deadlines and rules. Missing one can cost you options you cannot get back.

Who will work on my federal case?

Your federal case will be handled by lawyers who know how the government builds a prosecution, because they have seen it from the inside.

Barry S. Ranshi served as an Assistant District Attorney in Orleans Parish, where he was a first and second chair felony trial prosecutor. Before that he was a staff attorney to an Orleans Parish Criminal Court judge, advising the court on criminal law, evidence and procedure. He later defended clients in the 17th JDC Public Defender's Office and as a trial and appeals attorney at one of the largest criminal defense firms in New Orleans, where he won writs in the courts of appeal and the Louisiana Supreme Court. He is admitted to the U.S. District Courts for the Eastern and Western Districts of Louisiana and the Southern District of Texas.

John J. Mason, J.D., Ph.D., Senior Partner, focuses on state and federal criminal defense, including federal, white collar, drug and violent crime cases. He is licensed in Louisiana and Texas.

How we approach your federal case

Our approach is simple: learn everything the government has, find the weak points, and use them to protect your future.

1. Free confidential consultation. We review what you know so far, your goals and your options. There is no obligation.
2. Investigate and build a defense. We gather evidence, study the discovery and look for weaknesses in the prosecution's case.
3. Negotiate or file motions. We push back through motions to suppress or dismiss, and we negotiate with the prosecutor when that serves you.
4. Trial defense if needed. If your case goes to trial, we prepare thoroughly and fight for you in the courtroom.
5. Sentencing and post-trial support. We work to keep any sentence as low as the law allows, and we can review appeal options.

You will get clear, honest communication at every step. We explain what is happening in plain English and answer your questions.

Talk to a New Orleans federal defense lawyer today

The sooner a lawyer is involved in a federal case, the more options you are likely to have. Federal prosecutors have time and resources on their side. You deserve someone working just as hard on yours.

Call The Barry S. Ranshi Law Firm at (504) 905-8399. We answer 24 hours a day, 7 days a week, including nights, weekends and holidays. Your first consultation is free and confidential, in person at our Kenner office or remotely. Federal cases often overlap with state charges, so you may also want to read about our criminal defense practice and bail and bond hearings.