San Diego Federal Criminal Defense Attorney Anton Vialtsin, Esq., E.I., handled over one hundred federal criminal cases in San Diego (Southern District of California) from initial client interviews through sentencing. These cases required an in-depth knowledge of the Federal Sentencing Guidelines and the Federal Criminal Codes and Rules. Over a dozen of the San Diego federal cases he managed involved individuals charged with the importation and distribution of controlled substances all punishable by ten-year minimum mandatory sentence. Considering that the Southern District of California located in San Diego is a border district and one of the busiest in the country, San Diego Federal Criminal Defense Attorney Anton Vialtsin defended many individuals charged with transportation and harboring of illegal aliens, misuse of a passport, and illegal entry into the United States. Further, he worked on several transportation-of-illegal-aliens cases where the transportation resulted in death, triggering the possibility of the death penalty. These cases required negotiation with AUSAs and hours of witness depositions and interviews. Additionally, he worked on a number of cases involving individuals charged with complex wire and mail fraud violations, aggravated identity theft, and theft of public property.
In the following section, San Diego Federal Criminal Defense Attorney Anton Vialtsin explains common federal crimes and possible defenses. Please click on the Tabs, to open the articles.
- FBI abducting a person from foreign lands rather than following extradition procedure.
- § 1341 and 1343 | Mail And Wire Fraud Attorney In San Diego, California
- Identity Theft | 18 U.S.C. 1028A | Did the Court protect defendant’s identity by naming him “John Doe”?
- The Case of the Polite Bank Robber | USA v. Perez
- Three (3) things to consider when charged in a drug case in Federal Court.
- Transporting Marijuana Across International Border
- FBI abducting a person from foreign lands rather than following extradition procedure.
- How to avoid federal mandatory minimum sentence with 2018 First Step Act.
- Safety-valve eligibility, mandatory minimum sentences, relevant conduct, and a gun.
- What is Minor Role reduction? How to calculate the federal sentencing guidelines in drug offenses?
- Cannabis is “not contraband” and “shall not constitute the basis for detention, search, or arrest.”
- PART 1 of 5: Vehicular Searches Without a Warrant. Consent Searches.
- PART 2 of 5: Vehicular Searches Without a Warrant. Search Incident to a Lawful Arrest. SILA.
- PART 3 of 5: Vehicular Searches Without a Warrant. Automobile Exception or The Carroll Doctrine.
- PART 4 of 5: Vehicular Searches Without a Warrant. Inventory Searches.
- PART 5 of 5: Vehicular Searches Without a Warrant. Miscellaneous Concepts.
- Part 1: Introduction to Conspiracy Law. Multi-part series exploring criminal conspiracy cases.
- Part 2: Conspiracies | Pinkerton Liability | Co-conspirators responsible for each others crimes.
- Part 3: Conspiracies | Elements of the crime and Overt Act definition from U.S. v. Rabinowich
- Part 4: Conspiracies | Prejudicial Joinder, extrajudicial confession implicates a co-defendant.
- Part 5: Conspiracies | Rebuttal use of co-defendant’s statements in trial. Confrontation Clause.
- Part 6: Conspiracies | Defenses | Withdrawal (leaving) from the conspiracy. Schorovsky case
- Part 7: Conspiracies | Defenses | Mere Presence and Mere Association Does Not Equal Co-conspirator.
- Part 8: Conspiracies | Defenses | Buyer – Seller relationship is Insufficient to show a conspiracy
- Part 9: Conspiracies | Statute of Limitations | How long does prosecution have to charge conspiracy?
- Every parent knows that teenagers make mistakes. BuyerSeller defense to drug distribution conspiracy
- Buyer-Seller Relationship defense to conspiracy to distribute drugs. Large quantity of drugs.
- 5 Steps to Calculating the Federal Criminal History Category | San Diego Federal Attorney
- How to avoid federal mandatory minimum sentence with 2018 First Step Act.
- Sentencing hearing is very important in a criminal case. Having a good attorney helps! Object to PSR
- Safety-valve eligibility, mandatory minimum sentences, relevant conduct, and a gun.
- What is Minor Role reduction? How to calculate the federal sentencing guidelines in drug offenses?
- Beware of jumping criminal history categories in Federal Court if you have pending State charges.
- Can California and Nevada robbery REALLY NOT be a crime of violence under federal law?
- Defining “victim” under federal fraud sentencing guidelines. Los Angeles Man Sentenced to 27 Years.
- Minor Role under federal sentencing guidelines §3B1.2 and the factors that judges heavily rely on.
- Facing State & Federal charges? Do sentences run concurrent (same time) or consecutive (following)?
- Federal Firearms Trafficking | Review of Gun Control Act and Brady Act. Licensed & Private Markets.
- Firearms and mental illness. 5th amendment right to be tried only on charges in the indictment.
- Is carrying a concealed knife or box cutter legal in California? Does the length of blade matter?
- Who decides whether a knife is a “Dirk or Dagger” under California law? DA? Judge? Jury?
- Federal Personal Appearance Bond | Southern District of California | San Diego
- How to correctly fill out Personal Surety Bond paperwork for the Southern District of California?
- 5 Tips on Writing Character Letters to Influence the Judge in a Criminal Case.
- How to prepare for the detention hearing in Federal Court. | Release, Detention, Bail Bond Hearings.
- What happens at the federal arraignment hearing? Arraigned on Information or Indictment?
- How to avoid federal mandatory minimum sentence with 2018 First Step Act.
- Sentencing hearing is very important in a criminal case. Having a good attorney helps! Object to PSR
- Received a Notice to Appear (NTA) in San Diego Federal Court? What to expect at the first hearing.
- Plea Agreements. What to expect at a change of plea hearing? Judge fails to ask about voluntariness.
- The ins and outs of the state bail system. How do we improve it?
- Fast-Track Agreements, Deferred Prosecution, and Non-Prosecution
- San Diego Alternative Sentences to Imprisonment
- Suspect “wasn’t going to say anything at all” half-way through Miranda Rights. | USA v. Abdallah
- 4th Amendment Waiver does not permit cops to search you… | United States v. Job
- I hear you knocking, but you can’t come in. Exigent Circumstances | US v. Lundin
- A man’s house is his castle! The owner cannot be excluded from its sanctuary. | U.S. v. SHRUM
- FBI running a child porn website? Internet privacy and TOR. | USA v. Henderson
- FBI abducting a person from foreign lands rather than following extradition procedure.
- How long can police hold you after issuing a ticket? | Prolonged Police Stop
- How long can police hold a person’s cell phone without searching it or giving back? US v. Pratt
- Can 20 seconds of questioning unlawfully extend a traffic stop? | United States v. Lujan
- Are K9 searches ever allowed during a traffic stop? | ILLINOIS v. CABALLES.
- What can police search for during a protective sweep of the house? | United States v. Raymond Brown
- Presumptive Judicial Bias | The trial judge investigated for corruption by FBI agent (victim).
- Violation of Federal Supervised Release
- Can a confession be used against you in court just because you waived Miranda rights?
- Can a company be prosecuted in the same way as an individual?
- Trump’s Border Wall and the Fourth Amendment.
- Should illegal aliens be able to possess firearms and weapons? 2nd Amendment | US v. Torres
- Reasonable Suspicion for Border Patrol to Stop a Vehicle on Interstate 8 | US v. Rodriguez
- Does a woman in a bathrobe have authority to consent to a search of a home? | US v. Terry
- Can you get pulled over for flipping off a cop? | CRUISE-GULYAS v. MINARD
- What if two statutes seem to criminalize the same conduct? Perjury vs. False Statement
- Searching Cell Phones and Computers at Airports and Ports of Entry | USA v. Williams
- What happens after Senate convicts on impeachment? Judicial review? | Nixon v. US
- Can a cop tell you, “hold a sec” and really expect you to walk away? Seizure under 4th Amendment?
- Can police listen to your conversation without a warrant? What’s a phone booth? | Katz v. USA
- Can police get a list of numbers you called from your phone company w/o warrant? | Smith v. Maryland
- Growing a marijuana plant in your bedroom window during the 2020 quarantine? | Plain View Doctrine
- Police feel up and squeeze passenger’s carry-on bag? Let’s get physical with Bond v. US (2000).
- Can police search your car WITHOUT a warrant just because it’s an automobile? Chambers v. Maroney
- The word AUTOMOBILE is not a talisman in whose presence the 4th Amendment fades away and disappears!
- Does a Motor Home fall under automobile exception or does police need to get a warrant to search?
- Valid arrest warrant. Person is arrested in his home. Can police still look around the house?
- Searching bags or containers in your car without a warrant? Automobile Exception? CA v. Acevedo
- What does the police need to have before seizing or arresting someone? Dunaway v. New York
- 4th Amendment case by Hon. Amy Coney Barrett. Anonymous 911 call enough reasonable suspicion?
- Can police monitor your movement on public street with a GPS device without a Warrant? | Jones 2012
- Can police search a rental car without a warrant or your consent? | Byrd v. United States
- Can police get your historical location information from your cell phone provider without a warrant?
- Can police have their K9 sniff at your front door without a warrant? Florida v. Jardines.
- Can police detain a person miles away from his home as incident to execution of a search warrant?
- Can customs officials search your car’s gas tank for drugs without reasonable suspicion or warrant?
- Can customs officials search your car’s gas tank for drugs without reasonable suspicion or warrant?
- Can police search a passenger of a vehicle after making a routine traffic stop?
- “Question first, give Miranda warning later” and other discussions of the Miranda. Bobby v. Dixon
- One roommate tells police to STAY OUT while the other consents to a search of home? Randolph
- Can police search a home after arresting and removing a non-consenting co-occupant? Fernandez v. CA
- Can police search your car after you’ve been handcuffed and secured as incident to a lawful arrest?
- Entering a home without a warrant because of an imminent threat of danger. Ryburn v. Huff
- Is the passenger “detained” for the purposes of the 4th Amendment when a car is stopped? Brendlin
- Three car occupants. Drugs in the car. Is there probable cause to arrest the driver or all three?
- How long should police wait after knock-and-announce before making forcible entry? US v. Banks
- Convicted of manslaughter for running an elderly care and admitting someone with dementia? Skiff
- Attorney’s work during Trump’s “zero tolerance policy,” and what it means as Biden rescinded it.
- The Night Stalker initially grounded in CITIZEN’s arrest. What is citizen’s arrest in California?
- What should you do while on pre-trial release? Post-offense rehabilitation. Gall v. United States
- Children are often the “hidden victims” of the criminal justice system. Family ties departure.
- “MAYBE I should talk to a lawyer.” Is that enough to get a lawyer under Miranda? Davis v. US (1994)
- Roller-coaster ride through many 4th Amendment issues: Plain View, Inventory, Caretaking, Impound…
- What is “beyond a reasonable doubt” and how is it different from the “regular” doubt?
- Your Speedy Trial Rights during the COVID-19 pandemic. Trust your lawyer.
- What judge considers at sentencing? What judge CANNOT consider before revoking supervised release?
- Received a TARGET letter from the US Attorney’s Office? What’s next & 6th Amd. right to counsel.
- If you are 4th Waiver on parole/probation, cops still need probable cause to search residence.
- Can you make a U-TURN before the border checkpoint? Reasonable suspicion to pull a vehicle over?
- Don’t be taking naps during a robbery! Counting terms of imprisonment in 2 statutes but only 1 “act”
- Changing lanes, driver cover face, no rear seat, pull over to the shoulder = reasonable suspicion?
- U.S. Court upholds COVID delay in criminal trials, citing half million deaths. Speedy Trial Act.
- Incompetent arsonists fail four times to burn down competitors liquor store. IAC claim.
- Sounds-Kinda-Like-Science, so we’ll call it … SCIENCE! Handwriting Experts and Daubert Hearings.
- Reasonable suspicion to stop vehicle even if you’re NOT committing a crime? Civil Traffic Violation!
- The case we were all waiting for! “And” is unambiguously conjunctive, so “and” means AND not OR.
- “Particularly troubling false promise of access to the federal judiciary” by interrogating officer.
- Revisiting the SCOPE of Terry v. Ohio frisk/search. 9th Circuit says illegal search!
- Cop opens the passenger door and leans inside to speak to the driver. Illegal search? Ngumezi
- Police seize two handguns from a home without a warrant during a welfare check. Caniglia v. Strom
- Police enter a home without a warrant in “hot pursuit” of a misdemeanant! Lange v. California 2021
- Exclusionary Rule: unlawfully seized evidence cannot be used in State & Federal Courts. Mapp v. Ohio
- Police cannot impound a car as pretext or an excuse to look inside for evidence of a crime. Woodard.
- Police can’t snoop around your front yard & peer into your windows for 15 minutes without a warrant.
- Beyond a reasonable doubt means “near certitude” of guilt. Prosecutorial misconduct!
- USA and BLM Ranger are Not Liable for Stolen BLM-issued Gun Used in San Francisco Pier Shooting.
- Immigrant in possession of a gun? A visa’s label “H-1B” is not a fact that makes it a nonimmigrant.
- Concern about noncitizens (illegal aliens), who need aid, did NOT justify search of defendant’s home
- Police enter home w/o reason, detain owner at gun point, take him outside, re-enter home, and search
- LA medical marketing exec found guilty in brutal MURDER-FOR-HIRE plot. Unique argument on appeal.
- Russian accused of a sham marriage to gain citizenship invoked a “marital communications privilege”
- Stateless Semi-Submersible (Submarine) Vessel with 4,400 Pounds of Cocaine. Discussing my own case!
- Passenger REFUSES to show ID! Disobeying an UNLAWFUL order by the police officer?!?
- Not the best appeal of the DUI license suspension. But gives us an opportunity to chat about DUI’s.
- Ex-Arizona politician and attorney devised and ran a criminal adoption scheme. Sentenced to 6 years.
- Who is the 13th juror? Reverse conviction based on weight of the evidence vs. insufficient evidence.
- This case is solely about a question of fact, namely consent. US v. Delgado-Salazar
- Is criminal check of the driver allowed during a routine traffic stop or unreasonably prolongs it?
- After the end of traffic stop, police officer did not inform driver that he was free to leave.
- Impermissibly prolonged traffic stop in violation of 4th Amendment. Drugs found in car – suppressed
- Difference between California Corporal Injury (PC 273.5) and Domestic Battery (PC 243(e)(1)?
- How police should NOT conduct a knock-and-talk at your door step. Illegal conduct & tainted warrant.
- Not paying taxes because of religious belief – he must NOT contribute $ used to facilitate abortions
- Pretextual inventory search conducted as a ruse for a criminal investigation. People v. Torres 2010
- Can police SEARCH your RENTAL car if you are NOT an authorized driver on the rental agreement?
- Can police order a passenger to stay in the car or get out? Does he need to show ID?
San Diego Federal Criminal Defense Attorneys at LAWSTACHE LAW FIRM handle federal and state criminal cases in all counties and districts of California and Nevada. San Diego Federal Criminal Defense Attorney Anton Vialtsin possesses the knowledge and experience to handle the full spectrum of federal criminal charges, from misdemeanors to capital murder cases.
San Diego Federal Criminal Defense Attorneys at LAWSTACHE LAW FIRM routinely represent clients facing federal criminal charges. The basic difference between federal and state criminal offenses is that a federal offense violates federal law, and a state offense violates state law. In some cases, however, federal and state laws cover the same area of criminal law. If state law contradicts federal law, federal law generally trumps state law in the interest of the national welfare. In other areas of criminal law, the federal government has exclusive power to regulate, enforce, and prosecute alleged crimes. The federal government has exclusive power to prosecute crimes involving interstate commerce, national security, and federal programs. For example, most white-collar crimes, such as credit card fraud, tax evasion, and welfare fraud, are prosecuted in federal courts.
The federal government vested much power in Federal judges compared to the California State Courts. In the federal system, the sentencing guidelines estimate the amount of prison time an individual will likely do for a crime. These guidelines are only advisory, not mandatory. This means that a judge does not have to follow the sentencing guidelines. Aside from trial and/or plea negotiations, the sentencing hearing often becomes crucial in the defendant’s life.
If you or your loved one is facing criminal prosecution in the Southern District of California, Federal District Court or any other federal court, please call our office. Our San Diego Federal Criminal Defense Attorneys understand the federal criminal system and are well-versed in the defense strategies that work to dismantle prosecution theories.
If you have been charged in San Diego federal court, contact LAWSTACHE™ LAW FIRM. San Diego Federal Criminal Defense Attorney Anton Vialtsin has over a decade of experience defending those accused of federal crimes. Our office is conveniently located in downtown San Diego. You can reach our office by calling (619) 357-6677.
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