Florida Association of Criminal Defense Lawyers
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American Inns of Court

Federal Investigations & Procedure

A federal investigation is the government’s process of collecting evidence about suspected violations of federal law. Agencies like the FBI, DEA, ATF, IRS-CI, HSI, and postal inspectors gather records, interview witnesses, and use tools such as subpoenas, warrants, and wiretaps. The goal is to decide whether to seek charges in U.S. District Court.

Why Your Case Went Federal

Cases lean federal when the facts touch interstate activity, federal property, federal programs or benefits, the banking system, the mails or wires, or when a federal agency leads the investigation. In the Middle District of Florida, that often means conduct that crosses county lines, uses electronic transfers, involves firearms under federal statutes, or includes drugs tied to multi-district investigations. If your matter lands in federal court, deadlines are tighter, discovery is more technical, and sentencing requires careful guideline work.

Target, Subject, or Witness

Federal prosecutors and agents use three labels. A target is someone the government believes it has substantial evidence against. A subject is within the scope of the investigation but not yet clearly implicated. A witness has information. If you receive a target letter or a grand jury subpoena, call us before you speak to agents or appear. The wrong answer at the wrong time can change your status.

Grand Jury Subpoenas and Early Strategy

Grand juries issue subpoenas for documents and testimony. You must appear or produce records unless an objection applies. We evaluate privilege, scope, and timing, negotiate production protocols, and, where appropriate, arrange limited proffers with written protections. If agents show up with a subpoena, you can accept it and politely decline to discuss facts until counsel is present. See our forthcoming page on Target Letters, Grand Jury Subpoenas & Proffers for a deeper walkthrough.

Search Warrants, Digital Forensics, and Your Devices

Modern cases are built on phones, laptops, cloud accounts, and app data. We scrutinize warrants for probable cause, scope, staleness, and overreach; examine how data was seized and imaged; and test chain of custody. Geofence, cell-site, and historical location data create unique suppression issues. Independent forensic review can surface timeline gaps, metadata conflicts, and misattribution from shared devices or networks. See our upcoming page on Search Warrants & Digital Forensics.

Wiretaps, Consensual Recordings, and Online Stings

Title III wiretaps require necessity and minimization; one sloppy step can sink an entire stream of calls. Consensual recordings and undercover chats raise entrapment, inducement, and authenticity questions. We audit applications, listening post logs, and agent notes, then compare transcripts to audio for omissions or context problems.

Talking To Agents, Or Not

You are never required to sit for a casual interview. Anything you say can be used against you, and false statements to federal agents are prosecuted on their own. When cooperation is in your interest, we control the setting with a formal proffer agreement, define topics in advance, and prepare you so a helpful session does not become a fishing expedition.

From Indictment to Arraignment

If prosecutors seek charges, you will appear before a magistrate judge for an initial appearance. Next steps include detention or release, arraignment, and a scheduling order. In the Middle District of Florida, Pretrial Services interviews occur quickly, and strong release plans—verified residence, employment, treatment where useful—can be the difference between going home and being detained. We assemble those plans fast.

Detention and Release

Release turns on flight risk and danger. Certain drug and firearm offenses trigger presumptions that we can rebut with verified facts, third-party custodians, GPS proposals, and treatment plans supported by documentation. Winning release early can transform the defense by giving you access to your records, devices, and daily life.

Discovery, Brady, and Giglio

You are entitled to discovery and to favorable evidence in the government’s possession. We press for timely production of reports, recordings, lab work, warrant materials, and impeachment information about key witnesses. When disclosures lag or are incomplete, we ask the court for orders and deadlines. Good discovery discipline sets up better motions and better outcomes.

Motions That Move Cases

The highest-leverage filings focus on how evidence was obtained and how the case was built. Suppression motions target illegal stops, defective warrants, and wiretap failures. Daubert motions test the reliability of expert methods. Franks challenges attack false or reckless statements in warrant affidavits. Well-aimed motions narrow issues before trial and improve negotiation options if a plea makes sense later.

Pleas, Trials, and Timing

Most cases resolve short of trial, but trial readiness is still the engine of good resolutions. When trial is right, we simplify the story, prioritize cross-examination targets, and keep jury focus on burden of proof and reliability of evidence. When a plea is smart, we aim to control charges, facts, and guideline language so sentencing starts on favorable ground.

Federal Sentencing in Plain English

The advisory Guidelines set a starting range based on offense level and criminal history. Enhancements and reductions (loss amount, drug weight, role, obstruction, acceptance) can swing the range dramatically. Judges also consider history, rehabilitation, and the real-world impact of punishment. Mitigation packages—treatment records, employment, family responsibilities, expert reports—help the court see you as more than a case number. See our forthcoming page on Federal Sentencing Strategy & Variances.

Cooperation, Safety Valve, and Post-Sentence Options

In some cases, cooperation can produce a government motion for a below-guideline sentence (5K1.1) or a later reduction (Rule 35). In certain drug cases, the safety valve can avoid mandatory minimums for qualified first-time or low-level defendants after a truthful debrief. Post-sentence, compassionate release and § 2255 motions remain tools when extraordinary circumstances or constitutional errors exist. See our upcoming pages on Sentencing Strategy and § 2255 & Post-Conviction Relief.

Forfeiture and Restitution

Financial cases often include forfeiture and restitution. We contest the nexus between assets and the offense, protect innocent-owner interests, and correct inflated restitution claims that do not meet statutory standards. Tracing, valuation, and third-party rights matter. See our forthcoming page on Forfeiture & Restitution in Federal Cases.

How We Work Your Federal Case

Early action creates leverage. We lock down video and digital records before systems overwrite them, audit warrants and subpoenas, and get in front of detention issues with a concrete release plan. We map the guideline exposure early, identify the handful of issues that truly change the range, and build a record that supports departures or variances. We keep the tone steady and the plan clear so you always know what is next and why.

Local Experience in the Middle District of Florida

We regularly appear in the Middle District of Florida, including Tampa, Orlando, Jacksonville, Ocala, and Fort Myers divisions. That experience helps with local procedures, bond practices, and the discovery quirks that shape motion practice here. The details change by division; the strategy stays disciplined.

Talk To the Mayberry Law Firm

If you received a target letter, a subpoena, or a knock on the door from federal agents—or if an indictment has already been filed—call The Mayberry Law Firm at (813) 444-7435 or send us a message. We will protect your rights, control contact with agents, and build a plan that focuses on the handful of decisions that truly change outcomes.

Client Reviews

I have to be honest. I was facing two felony aggravated assault charges and a firearm charge. Drunk in a blackout and no recollection of the road rage event. Not much for any attorney to go on to save my Butt. My Wife found the add for Mayberry law firm and we called. Jason spent well over an hour...

JB.

I was in the Tampa area on a family vacation earlier this year, when I suddenly found myself facing a felony charge of child neglect. My world and life, it seemed, were headed for total disaster. I was facing having my very long, successful and spotless military career coming to a horrible end. I...

NH

Having never been arrested before I was completely terrified and ignorant to the judicial process. Jason provided emotional support and the knowledge and experience I needed. He was available 24/7 for all of my concerns and questions. He was efficient, comforting, and extremely intelligent. I had...

LH

My wife was facing false accusations that she misrepresented her Income on mortgage applications and was facing serious time as this was a federal crime. Jason worked diligently with her and myself daily on all the details of the sentencing potentials whether positive or negative to our benefit and...

Anonymous

My husband I went to Tampa for the NFL game. We went to Ybor City and had a few drinks and got into an argument while going back to our hotel. After a long night of drinking and arguing, the police came out of nowhere and stated that my husband hit me. AT best, he was gesturing with his hands. It...

J.H.
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