Morris Law is a Berkeley criminal defense law firm. Call (510) 350-3225 for a free case review of your federal charges case. Federal Charges in California is governed by Federal law under Title 18 and Title 21 of the U.S. Code. All Berkeley cases route to the Alameda County courthouses in Downtown Oakland — the Wiley W. Manuel Courthouse for misdemeanors and the René C. Davidson Courthouse for felonies. Seth Morris spent years in both courthouses as a Deputy Public Defender.

What is federal charges under California law?

Berkeley Federal Crime Lawyer — Morris Law

Federal crimes are prosecuted in United States District Court by an Assistant U.S. Attorney. For Berkeley residents, that means the Northern District of California — with courthouses in Oakland (1301 Clay Street) and San Francisco (450 Golden Gate Avenue). Federal cases start with either a criminal complaint or a federal grand jury indictment. They differ from state cases in several important ways: there is no parole in the federal system (defendants serve approximately 85% of any sentence), the U.S. Sentencing Guidelines drive sentencing outcomes, and mandatory minimum sentences apply to many drug, firearm, and child-pornography offenses.

Penalties for federal charges in California

Penalties for federal charges vary sharply by the specific statute, degree, and prior record. Below are the primary penalty ranges we see in Berkeley and Alameda County cases:

  • Federal drug trafficking (21 U.S.C. §841): 5-year mandatory minimum at 500g cocaine, 28g crack, 100g heroin, 50g pure methamphetamine, or 100kg marijuana. 10-year mandatory minimum at 5kg cocaine, 280g crack, 1kg heroin, 500g meth, or 1000kg marijuana. Life sentences possible with quantity enhancements.
  • Conspiracy (18 U.S.C. §371 / 21 U.S.C. §846): Up to 5 years for general conspiracy. Drug conspiracy carries the same mandatory minimums as the underlying offense.
  • Federal firearm offenses (18 U.S.C. §922(g), §924(c)): Felon in possession up to 10 years. ACCA enhancement adds a 15-year mandatory minimum for three prior violent felonies or serious drug offenses. Section 924(c) adds 5, 7, or 10 years for possessing a firearm during a drug-trafficking or violent crime.
  • Wire and mail fraud (18 U.S.C. §§1341, 1343): Up to 20 years per count. 30 years if a financial institution is affected.
  • Money laundering (18 U.S.C. §1956): Up to 20 years plus fines of twice the laundered amount.
  • Child pornography (18 U.S.C. §§2251, 2252): Production carries a 15-year mandatory minimum. Possession is up to 10 years (15 with a prior conviction).
  • Hobbs Act robbery (18 U.S.C. §1951): Up to 20 years.
  • RICO (18 U.S.C. §1962): Up to 20 years per count plus mandatory forfeiture of proceeds.

Collateral consequences often exceed the sentence itself — professional licensing, immigration status, firearm rights, and future employment can all be affected. We assess collateral exposure at the start of every case.

How Morris Law defends federal charges cases in Berkeley

Every case is different, but the defense strategies below are the ones that most often produce dismissals, reductions, and acquittals in federal charges cases:

  • Pre-indictment intervention. Federal investigations often last months or years before charges are filed. Retaining counsel during the target-letter stage can sometimes prevent an indictment entirely.
  • Fourth Amendment suppression. Wiretap challenges under 18 U.S.C. §2518, Franks hearings for false warrant affidavits, and challenges to GPS trackers, pole cameras, and cell-site simulators.
  • Withdrawal from conspiracy. A defendant who affirmatively withdraws from a conspiracy before its objectives are achieved is not liable for the co-conspirators’ subsequent acts.
  • Safety valve relief (18 U.S.C. §3553(f)). First-time, non-violent drug defendants who cooperate can bypass mandatory minimum sentences.
  • Substantial assistance (U.S.S.G. §5K1.1). Cooperation against larger targets can lead to motions for downward departure or sentence reduction.
  • Booker variance (18 U.S.C. §3553(a)). After United States v. Booker (2005), the Guidelines are advisory. We build detailed mitigation packages to argue for below-Guideline sentences.
  • Categorical-approach challenges. Many federal enhancements require prior ‘crimes of violence’ or ‘controlled substance offenses.’ Under Mathis v. United States, we challenge whether priors meet the elements test.
  • First Step Act and compassionate release. Retroactive sentencing reform and extraordinary-and-compelling-reasons motions can reduce existing federal sentences.

What to do if you are arrested for federal charges in Berkeley

Most Berkeley arrests are made by the Berkeley Police Department (BPD). UC Berkeley Police handle arrests on campus and in university housing. Alameda County Sheriff and CHP also make arrests. Take these steps:

  1. Invoke your right to counsel out loud. Under Miranda v. Arizona, you must clearly say you want a lawyer. Then stop talking. Anything you say — even something you think is exculpatory — can be used against you at trial.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent to search. Refuse politely — refusal is not an admission.
  3. Call Morris Law at (510) 350-3225. We answer 24 hours a day. If you are in custody, have family call on your behalf.
  4. Preserve evidence. Photograph any injuries, torn clothing, or property damage. Note the arresting officers’ names, badge numbers, times, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible. Prosecutors and probation officers routinely review both.
  6. Write down your account for your attorney. Record what happened while events are fresh. Share only with counsel — that communication is privileged.

Why Berkeley residents choose Morris Law for federal charges defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. Here is what we bring to every federal charges case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients at the Wiley W. Manuel and René C. Davidson courthouses regularly — the same courthouses where every Berkeley case is heard. He knows the assigned judges, deputy district attorneys, and informal practices.
  • More than 25 jury trials, including life-in-prison exposure cases. When a case has to be tried, we know how to try it — from jury selection through closing argument.
  • Federal recognition on police body cameras and 4th Amendment litigation. Seth Morris helped develop the national Body Camera Toolkit through President Obama’s Task Force on 21st Century Policing. He has guest-lectured on the 4th Amendment at UC Berkeley for three years running.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC’s The Last Word with Lawrence O’Donnell, NBC Bay Area, KQED, and KALW.
  • Berkeley office. Our office at 2025 Rose St #200 serves Berkeley, Albany, El Cerrito, Kensington, and Emeryville. Fast in-person meetings and rapid response to arrests.
  • 24/7 phone access. Arrests do not follow business hours. Someone answers at (510) 350-3225 around the clock.
  • Clear, plain-language updates. You will know what is happening at each stage without jargon.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How federal charges cases move through Alameda County

Understanding the process helps clients make better decisions. Here is how a typical case moves through the Alameda County system:

Stage Where Timing
Arrest Berkeley — often by BPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived
Sentencing Same courthouse as trial Set by the court

Federal Charges defense in Berkeley — Frequently Asked Questions

Where are Berkeley federal criminal cases heard?

At the U.S. District Court for the Northern District of California. The Oakland federal courthouse is at 1301 Clay Street, and the San Francisco federal courthouse is at 450 Golden Gate Avenue. Both are within reasonable distance of Berkeley. Appeals go to the U.S. Court of Appeals for the Ninth Circuit.

Is there parole in the federal system?

No. The federal parole system was abolished by the Sentencing Reform Act of 1984. Federal defendants serve approximately 85% of any sentence imposed, earning up to 54 days of good-conduct credit per year. A 5-year federal sentence is roughly 51 months actually served.

What is a target letter in a federal investigation?

A target letter is a formal notice from the U.S. Attorney’s Office that you are the focus of a grand-jury investigation and may be indicted. It is the most important moment to retain counsel — pre-indictment negotiation, queen-for-a-day proffers, and declinations are all possible before charges are filed. Never respond to a target letter without an attorney.

How are federal drug sentences calculated?

Under U.S. Sentencing Guidelines §2D1.1, the base offense level is set by quantity. Mandatory minimums under 21 U.S.C. §841 override the Guidelines if higher. Safety valve, cooperation, and §3553 variances can reduce final sentences below the Guideline range.

Can federal charges be dropped before trial?

Yes, in limited circumstances. Pre-indictment intervention with the U.S. Attorney’s Office, Fourth Amendment suppression motions that gut the government’s evidence, and cooperation agreements can lead to declinations, dismissals, or non-prosecution agreements. Post-indictment dismissals are less common but possible.

What is the difference between state and federal prosecution?

Federal cases are charged by grand jury indictment, prosecuted by Assistant U.S. Attorneys, governed by the U.S. Sentencing Guidelines, and feature mandatory minimums for many charges. State cases are typically faster, involve less surveillance, and allow parole and earlier release. The same conduct can sometimes be prosecuted in either system.

Can Morris Law handle federal cases in Berkeley?

Yes. Federal cases in the Northern District of California are routinely handled across the Oakland and San Francisco federal courthouses. We appear in both. Our team has extensive experience with federal procedure, Sentencing Guideline calculations, and pre-indictment negotiation.

What is safety valve relief?

Safety valve (18 U.S.C. §3553(f)) lets first-time, non-violent drug defendants avoid the mandatory minimum sentence if they meet five criteria — including truthful debriefing of the government about their offense. It is one of the most powerful tools for reducing federal drug sentences.

How long do federal cases take?

Federal cases typically take 12 to 24 months from indictment to sentencing. Complex cases with multiple defendants, wiretaps, or extensive discovery can take 3 to 5 years. Pretrial motion practice, Guidelines litigation, and cooperation negotiations all extend the timeline.

What is 924(c) and why is it important?

18 U.S.C. §924(c) adds a mandatory consecutive sentence of 5, 7, or 10 years to any drug-trafficking or violent-crime conviction if a firearm was possessed, brandished, or discharged. These sentences must run consecutively — after the underlying sentence. Multiple §924(c) counts stack. It is one of the most severe federal sentencing enhancements.

Get a free federal charges case review

Talk to a Berkeley criminal defense lawyer today. Call (510) 350-3225 or fill out our online form. Free case review. 24-hour phone. Berkeley office at 2025 Rose St #200.

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