Federal Crime FAQs

Below are clear, candid answers to common questions about federal criminal cases. This is general information—not legal advice. If you’ve been contacted by a federal agent or received a target letter, call us immediately at (813) 444-7435.

What Makes a Case “Federal” Instead of State?

A case goes federal when it involves a federal statute (e.g., wire fraud, drug conspiracy, firearms offenses), interstate activity (crossing state lines, using the mail or wires), conduct on federal property, or an investigation led by agencies like the FBI, DEA, ATF, IRS-CI, or Homeland Security Investigations. Federal prosecutors (Assistant U.S. Attorneys) file charges in U.S. District Court.

What’s the Difference Between a “Target,” a “Subject,” and a “Witness”?

A Target is someone the government believes it has substantial evidence against. A Subject is within the investigation’s scope but the role is unclear. A Witness has information and is not suspected of wrongdoing. If you receive a letter using any of these terms, speak to counsel before talking to agents.

What Is a Grand Jury, and Do I Have to Testify?

A federal grand jury decides whether to return an indictment. Subpoenas can require documents or testimony. You may assert your Fifth Amendment rights, but never ignore a subpoena. Your attorney can address privilege, scope, and timing, and—when appropriate—negotiate alternatives.

Should I Talk to Federal Agents If They Approach Me?

You are not required to speak. Anything you say can be used against you, and false statements to agents are a separate federal crime. Call a lawyer first. If cooperation helps, we can arrange a protected proffer session with a written agreement.

What Happens After Arrest or Indictment?

You appear before a U.S. Magistrate Judge for an initial appearance. A detention (bond) hearing may follow to decide release or custody. Then comes arraignment (entering a plea), discovery, motions, negotiations, and potentially trial.

Can I Get Bail in Federal Court?

Release decisions focus on flight risk and danger to the community. Pretrial Services interviews you, and the court may impose conditions (travel limits, GPS, third-party custodian, treatment). Certain drug and firearm offenses create a presumption of detention—your lawyer can rebut it with a tailored release plan.

What Are the Federal Sentencing Guidelines, and Do They Control My Sentence?

The Guidelines are advisory. They use offense levels and criminal-history categories to suggest a range. Judges must consider the range and other factors (history, circumstances, rehabilitation). We litigate enhancements, seek downward departures or variances, and present mitigation to reduce exposure.

What Are Mandatory Minimums?

Some crimes carry statutory minimum prison terms (e.g., drug trafficking thresholds, firearm use). We work to avoid them by challenging the charge, drug weight or role, or by qualifying you for exceptions like the safety valve. In cooperation cases, the government can move to go below a minimum (5K1.1 or Rule 35).

What Is the Safety Valve?

In certain drug cases, first-time or low-level offenders who meet strict criteria (limited criminal history, no violence, truthful debriefing) can be sentenced without the mandatory minimum. Eligibility must be analyzed and preserved early.

What Is a 5K1.1 Motion or Rule 35?

These are government motions that reward substantial assistance. A 5K1.1 is filed at sentencing for pre-sentencing cooperation. Rule 35(b) is filed after sentencing for later cooperation. We evaluate whether a proffer is in your interest, negotiate terms, and limit unnecessary admissions.

What Is the Speedy Trial Act?

It sets time limits (typically 70 days from indictment or initial appearance to trial), but many events pause the clock (motions, complex discovery, plea talks, continuances). We use the Act strategically while pushing for timely disclosures.

What Discovery Will I Receive?

Expect agent reports, recordings, lab results, financial records, and warrant materials. The government must also disclose Brady (exculpatory) and Giglio (impeachment) evidence. We press for early, complete production and seek court orders if disclosures lag.

Can Evidence from a Search or Wiretap Be Suppressed?

Yes, if your rights were violated. We challenge warrants (probable cause, scope, staleness), warrantless searches (vehicles, phones, homes), wiretaps (necessity, minimization), and seizures (forfeiture procedures). Suppression victories can end cases or shift leverage dramatically.

How Does Conspiracy Liability Work?

Conspiracy can hold you responsible for acts of others if you knowingly joined an agreement. The government often overreaches with weak “agreement” proof (texts, proximity, association). We attack the existence and scope of any agreement and the foreseeability of others’ acts, drug weights, or loss amounts.

What Are Forfeiture and Restitution?

Forfeiture seeks assets tied to the offense; restitution compensates alleged victims. We challenge the forfeiture nexus, protect innocent spouses or business partners, and correct inflated restitution claims that aren’t supported by evidence.

Will I Go to Trial or Take a Plea?

It depends on the evidence, legal issues (like suppression), guideline exposure, and your risk tolerance. We prepare every case for trial. Trial readiness produces better outcomes—dismissals, targeted pleas (including 11(c)(1)(C) agreements), or acquittals.

What Is a Presentence Investigation Report (PSR)?

If you plead or are found guilty, a probation officer drafts a PSR covering your background, offense conduct, enhancements, and guideline calculations. We prepare you for the interview, object to errors, and submit mitigation (treatment, employment, letters, expert reports).

Can I Appeal or Seek Post-Conviction Relief?

Yes. You can appeal legal errors or unreasonable sentences. After appeals, a § 2255 motion may challenge a conviction for constitutional defects (ineffective assistance, new evidence). Compassionate-release motions can reduce sentences based on extraordinary circumstances. Deadlines are strict—act quickly.

Can Federal Convictions Be Expunged or Sealed?

Generally no. Federal law offers very limited expungement. That’s why front-end strategy—charge selection, diversion, suppression, and sentencing advocacy—is so important.

How Can a Federal Defense Lawyer Help Right Now?

We shield you from risky interviews, stop unlawful searches, preserve surveillance and digital evidence, audit the government’s proof, pursue diversion or non-prosecution where feasible, negotiate charge reductions, and assemble mitigation that humanizes you beyond paperwork. Early intervention often changes outcomes.

What Should I Do Today If I’m Under Investigation or Charged?

Do not speak with agents without counsel. Do not delete files or alter devices. Gather documents, avoid social-media commentary, and call an attorney who regularly practices in federal court.

Talk to The Mayberry Law Firm

If you’ve received a subpoena, target letter, or knock on the door from federal agents—or if you’re already facing an indictment—timing is everything. Call (813) 444-7435 or contact us online for a confidential consultation. We’ll assess your exposure, map the pressure points in the government’s case, and move immediately to protect your freedom, career, and reputation.