Federal Criminal Lawyer in San Francisco
Experienced Representation In Federal Court
Working With a Federal Criminal Attorney In San Francisco
A federal investigation rarely announces itself. By the time you learn you are under investigation, prosecutors have often spent months gathering evidence and building their case. The consequences of a conviction are severe. Prison sentences are longer, fines are higher, and the impact on your career, immigration status, and rights can last a lifetime.
At the The Law Offices of Valery Nechay, I defend individuals facing federal criminal charges in San Francisco and throughout the Bay Area. As a San Francisco native and former law clerk in the felony unit of the San Francisco Public Defender’s Office, I understand how serious federal cases are built and what it takes to fight back. When you are facing the full weight of the federal government, you need an attorney who is prepared to match it at every step.
Practice Areas
Federal Charges in San Francisco Require a Different Defense
Federal cases operate under different rules, different sentencing guidelines, and a different standard of preparation from the prosecution. The U.S. Attorney’s Office for the Northern District of California rarely files charges unless it is confident in its case. By the time you are charged, the government has already done its work.
That is why the defense has to start as early as possible. I handle federal cases ranging from wire fraud and drug trafficking to money laundering, embezzlement, and computer crimes. Whatever the charge, I examine everything the government has, identify every legal defect, and build a strategy around your specific circumstances.
Why Clients In San Francisco Trust The Law Offices of Valery Nechay
Federal cases are won or lost on preparation. The government has spent months building its case before you even know you are a target. The attorney you choose needs to match that level of preparation from day one, not catch up after the fact.
At The Law Offices of Valery Nechay, we bring real federal courtroom experience to every case we handle. Our practice is rooted in San Francisco, and every aspect of our approach is built around the specific demands of federal defense in the Northern District of California.
Our Background
Valery Nechay started in the felony unit of the San Francisco Public Defender’s Office under Jeff Adachi, handling serious charges, conducting independent investigations, and appearing in court on behalf of clients facing the most difficult circumstances. She later served as second chair in a federal trial at Gasner Criminal Law, where she learned firsthand how federal prosecutors build their cases and where defenses succeed or fail.
Achievements
- Nationally ranked in the top 10 under 40 by the National College for DUI Defense
- Published in the ABA Journal
- Selected as an Expert Speaker on plea bargaining by the Bureau of International Narcotics and Law Enforcement Affairs, U.S. Department of State, presenting at annual conferences in 2016 and 2017
Every case is investigated personally, with witnesses interviewed directly and defense evidence located independently. We do not push clients toward a resolution that is convenient. We push toward the one that is right. If taking your case to trial in the Northern District of California is what it takes, we are prepared to do that.
You can read more about our background on our About Us page.
What Happens When You Face Federal Charges In San Francisco
Understanding how federal cases progress helps you make better decisions from the moment you become aware of a problem.
1. Investigation
Federal investigations often begin long before a target knows about them. In San Francisco, cases are coordinated through the U.S. Attorney’s Office for the Northern District of California at 450 Golden Gate Avenue. If you receive a target letter, contact an attorney immediately. Do not speak to investigators or respond without legal representation.
2. Grand Jury Proceedings
A grand jury reviews the government’s evidence in a closed proceeding to determine whether probable cause exists to bring charges. You have no right to present a defense during this phase. If you receive a grand jury subpoena, you need an attorney before you say anything.
3. Indictment and Arraignment
If indicted, you will be brought before a federal judge at the Philip Burton Federal Building, 450 Golden Gate Avenue, for arraignment. Bail conditions are set at this stage. Strong representation here protects your rights and gives you the best chance of favorable bail terms.
4. Pre-Trial Motions and Discovery
We file motions to suppress evidence obtained in violation of your Fourth Amendment rights, challenge statements taken without proper Miranda warnings, and examine every element of the government’s case for legal defects. We analyze everything the prosecution has to identify weaknesses before trial.
5. Trial or Plea Negotiations
Most federal cases resolve through negotiated pleas. The strength of your defense directly affects what prosecutors are willing to offer. We are always prepared to take a case to trial when that is the right path. If a plea agreement is the better option, we negotiate for the most favorable terms possible.
Federal Crimes We Handle In San Francisco
Federal charges cover a wide range of offenses, each carrying its own penalties, procedures, and defense considerations. We handle the following federal matters in San Francisco and throughout the Northern District of California.
Financial Crimes and Fraud
Wire fraud under 18 U.S.C. 1343 carries up to 20 years imprisonment and fines up to $250,000 per count for individuals. When financial institutions are involved, those penalties increase to 30 years and $1,000,000 in fines. Bank fraud under 18 U.S.C. 1344 carries up to 30 years and fines up to $1,000,000 per count. Securities fraud under 18 U.S.C. 1348 carries up to 25 years. We handle the full range of white collar criminal defense matters including wire fraud, embezzlement, bribery, and FCPA violations.
Healthcare Fraud
Federal healthcare fraud under 18 U.S.C. 1347 carries up to 10 years imprisonment in a standard case, increasing to 20 years if serious bodily injury results and life imprisonment if the offense results in death. These cases are typically built over years of financial and billing record analysis before charges are ever filed.
Drug Trafficking and Distribution
Federal drug trafficking charges typically involve large-scale operations crossing state lines. First-time trafficking convictions for Schedule I substances can result in 10 years to life imprisonment for substantial quantities, with mandatory minimums that remove judicial discretion. Simple possession of a controlled substance on federal property can result in up to one year imprisonment for a first-time offender.
Computer and Cyber Crimes
Federal cyber crime charges including hacking, identity theft, and online fraud often span multiple jurisdictions and carry substantial prison sentences, particularly when they target government systems or critical infrastructure.
Money Laundering
Money laundering carries maximum 20-year prison sentences, with fines calculated as either $500,000 or twice the value of the laundered funds, whichever is greater.
Federal Appeals
If you have been convicted in federal court and believe errors affected the outcome of your trial, you may have grounds to appeal to the Ninth Circuit Court of Appeals. Federal criminal appeals carry strict procedural deadlines and require a different approach than trial work.
Key Defense Strategies In Federal Cases
Federal cases are not defended with a one-size-fits-all approach. The right strategy depends on the charges you face, the evidence the government has, and where the weaknesses in their case lie.
Constitutional Challenges
Fourth Amendment violations are common in federal investigations. Unlawful searches, defective warrants, and unconstitutional surveillance can result in suppression of key evidence. Fifth Amendment protections apply if you were questioned without proper Miranda warnings or pressured into making statements used against you.
Challenging Evidence and Procedures
We challenge the authenticity, relevance, and admissibility of financial records, electronic communications, expert testimony, and forensic analysis at every stage. Chain of custody problems and procedural errors can be grounds for suppression before trial begins.
Negotiation with Federal Prosecutors
When appropriate, we negotiate directly with the U.S. Attorney’s Office for the Northern District of California to secure reduced charges, alternative sentencing, or cooperation agreements. These discussions happen only after we have fully analyzed your case and you understand every consequence of the options available.
Diversion Programs and Alternative Sentencing
Federal courts occasionally offer diversion programs for first-time offenders. Completing a diversion program can result in charge dismissal. Cooperation agreements may also be available in cases involving larger criminal operations, though these require careful evaluation of the risks for each client.
Take Action Before It Is Too Late
Federal prosecutors do not wait. The sooner you have an attorney involved, the better positioned you are to protect your rights and influence the outcome of your case.
If you would like to understand your rights and what your options may be, we are here to help. Contact The Law Offices of Valery Nechay to schedule a confidential consultation about your case.
Frequently Asked Questions
1. What is the difference between a federal crime and a state crime?
Federal crimes violate U.S. federal law, occur on federal property, or cross state lines. They are prosecuted by the U.S. Attorney’s Office in federal district court, with penalties generally more severe than equivalent state offenses.
2. Where are federal criminal cases heard in San Francisco?
Cases are heard in the Northern District of California at the Philip Burton Federal Building, 450 Golden Gate Avenue. This court covers San Francisco and several surrounding Bay Area counties.
3. What should I do if I receive a federal target letter?
Contact a criminal defense attorney immediately. Do not respond to the letter, speak to agents, or contact anyone else involved in the matter without legal counsel.
4. Can federal charges be dismissed before trial?
Yes. Pre-trial motions can result in suppression of evidence or full dismissal based on constitutional violations, insufficient probable cause, or prosecutorial misconduct.
5. Does The Law Offices of Valery Nechay offer free consultations for federal cases?
Yes. We offer a free and confidential initial consultation to every person facing federal charges. Contact my office to schedule a time to speak about your situation.
Get a Free ConsultationAt the heart of The Law Offices of Valery Nechay is the belief that everyone deserves a criminal defense regardless of what they have been accused of. Contact Valery Nechay, the top criminal lawyer in San Francisco and the Bay Area, to begin your criminal defense today.