Why Should I Contact a Federal Criminal Defense Lawyer?
The experienced Tampa criminal defense attorneys at Fernandez & Hernandez aggressively represent clients who have been arrested in the Tampa Bay Area, including Hillsborough County, Pinellas County, Polk County, Manatee, Sarasota Count, Pasco County, Hernando County, and throughout the State of Florida. Additionally, Daniel J. Fernandez has represented clients in Federal Criminal Cases throughout the United States, including Florida, Georgia, Alabama, Texas, Tennessee, Arizona, New York, North Caroline, Missouri and more.
Daniel J. Fernandez, Esq. – Tampa Federal Criminal Defense Attorney
Daniel J. Fernandez, graduated from the South Texas College of Law, Houston, Texas, in 1980, and served as an Assistant State Attorney in Tampa, Florida, between 1980 and 1984. He is currently a member in good standing of the Florida Bar Association and has been admitted to practice before the United States District Court, Middle District of Florida, the district in which he resides and regularly practices law. Additionally, Daniel J. Fernandez has been admitted to practice before the United States District Court, Southern District of Florida, United States District Courts in Texas, Georgia, Tennessee, Arizona, and Missouri, and before the United States District Courts of Appeals in the Fifth, Sixth and Eleventh Circuits.
With more than 30 years experience as a criminal defense attorney and hundreds of jury trials, Daniel J. Fernandez has earned tremendous accolades from judges, other lawyers, defendants and even jurors.
Why Hire a Federal Criminal Defenses Attorney?
Safety-Valve in Federal Criminal Cases
Seentencing in federal criminal cases is largely determined by the U.S. Sentencing Guidelines. The Guidelines were established by Congress in the 1980s. The Guidelines established, among other things, mandatory minimum sentences for many drug cases.
In 1994, Congress passed the “Safety Valve” statute, 18 U.S.C. § 3553(f). The safety-valve provision of Title 18 authorizes Courts to impose sentences below the statutory minimum if the defendant meets certain requirements.
Generally, in order to qualify for the safety-valve:
- no one was injured
- the defendant has little or no criminal history
- the defendant did not use a gun, violence or threats
- the defendant was not an organizer, leader, manager or supervisor of the offense
- the defendant submits to a debriefing and is fully honest during the debriefing, or is at least willing to honestly debrief should the government decline.
If a defendant meets the safety-valve requirements, the U.S. Sentencing Guideline section 5C1.2 authorizes the court to sentence below the statutory mandatory minimum sentence.
It is very important for a Federal Criminal defense attorney to fully understand both the application of the Guidelines and how to effectively argue for a sentence below the mandatory minimum sentence.
Although many drug charges carry a mandatory minimum sentence of imprisonment, the mandatory minimum may not apply where a defendant is eligible for safety-valve relief pursuant to 18 U.S.C. § 3553(f) and § 5C1.2 of the United States Sentencing Guidelines.
In the case of certain drug offenses, the court shall impose a sentence in accordance with the applicable guidelines without regard to any statutory minimum sentence, if the court finds that the defendant meets the criteria in 18 U.S.C. § 3553(f) set forth below:
(1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines;
(2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense;
(3) the offense did not result in death or serious bodily injury to any person;
(4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in 21 U.S.C. § 848; and
(5) not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.
Why Fernandez & Hernandez?
One of the biggest benefits associated with hiring a qualified lawyer is that you increase your chances of getting the relief you deserve. A skilled and experienced attorney will be able to research and handle the complicated aspects of your case.
Good attorneys have the knowledge, experience and resources necessary to resolve your case with the best possible outcome. You will need to hire an experienced lawyer as soon as possible. Why? Because experience counts.
The law and rules are highly complex. It is important to act quickly and secure legal representation. The attorneys at Fernandez and Hernandez have experience in Federal Criminal Defense and will work vigorously to protect your rights, and in many cases, may be able to prevent an injustice.
Tampa Criminal Defense Attorney Daniel J. Fernandez
When researching attorneys, use a reputable website so that the results you get consist of legitimate, well-respected professionals. Some of these directories offer reviews of lawyers and detailed information which may save time doing research. We recommend also reading the Tampa Criminal Lawyers reviews on Google Reviews, Avvo and Yelp.
Attorney Daniel J. Fernandez of Fernandez & Hernandez, LLC provides legal representation in Federal Criminal cases. Our attorneys welcome the opportunity to interview with you. Attorneys Daniel Fernandez and Martin Hernandez are bilingual as well.
The lawyers of Fernandez & Hernandez serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Attorney from Fernandez & Hernandez Law.
Call Tampa Federal Criminal Defense Attorney Daniel J. Fernandez of Fernandez & Hernandez at 813-229-5353 or read more at: CriminalDefenseLawyerTampa.com.
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