Federal Criminal Defense FAQ

A crime becomes a federal offense when it violates a statute enacted by Congress rather than a state criminal code. Federal jurisdiction often rests on a connection to interstate commerce, the use of the mail or wires, conduct on federal property, harm to a federal program or agency, or activity that crosses state or national borders. Federal crimes are investigated by agencies such as the FBI, DEA, IRS Criminal Investigation, and Homeland Security Investigations, and the U.S. Department of Justice prosecutes them through the United States Attorney’s Office for the district where the case is brought.

Federal cases are prosecuted by experienced Assistant U.S. Attorneys, investigated by federal agencies with significant resources, and sentenced under the United States Sentencing Guidelines. Federal investigations are frequently long and document-intensive, and they often become known to a person only when charges are near. Federal courts also follow their own rules of procedure and evidence. Because the system, the sentencing exposure, and the practice norms differ so much from state courts, federal cases call for counsel who concentrate on federal defense.

A target letter is a written notice from a U.S. Attorney’s Office telling you that you are a target of a federal grand jury investigation, meaning prosecutors believe substantial evidence links you to a crime. It is a serious signal, but it is not a charge, and the period before an indictment is often the most important time to act. If you receive one, the key steps are to preserve all records, avoid discussing the matter with anyone other than a lawyer, and contact federal defense counsel promptly.

For most non-capital federal offenses, the government generally must bring charges within five years of the alleged crime under 18 U.S.C. Section 3282. Some categories carry longer periods. Certain offenses affecting financial institutions, and some terrorism and child-exploitation offenses, have extended or, in limited cases, unlimited limitations periods. Because the rules vary by statute and conduct, the limitations question in any particular case should be reviewed carefully by counsel.

Under the Fifth Amendment, a person generally cannot be tried for a serious federal crime unless a grand jury has returned an indictment. A federal grand jury is a group of citizens that hears evidence presented by prosecutors and decides whether there is probable cause to charge. An indictment is a formal accusation. It is not evidence of guilt, and it does not lower the government’s burden, which remains proof beyond a reasonable doubt at trial. Grand jury proceedings are secret, and the defense is not present.

After an arrest, a federal magistrate judge decides whether you will be released or detained pending trial under the Bail Reform Act. The court weighs whether any conditions can reasonably assure your appearance and the safety of the community. Release on conditions is common in many cases, but certain charges trigger a presumption of detention. A well-prepared detention hearing, with a release plan, third-party custodians, and supporting evidence, can make a decisive difference.

No. The overwhelming majority of federal convictions, well over ninety percent, result from guilty pleas rather than trials. That does not mean a plea is automatic or that a trial is off the table. It means much of the real work of federal defense happens before any trial: scrutinizing the investigation, challenging the evidence through pretrial motions, and negotiating from a position of strength. Whether to go to trial is always the client’s decision, made with full advice about the risks and the realistic alternatives.

You are not required to speak with federal agents, and what you say can be used against you. A proffer is a meeting in which a person gives information to prosecutors, usually under a limited written agreement. Proffers can be valuable, but they carry real risk and should never happen without counsel and careful preparation. Before any contact with agents or prosecutors, the safest course is to speak with a lawyer first.

A federal sentence is built in steps. The court first calculates an advisory range under the United States Sentencing Guidelines, based on the offense level and the defendant’s criminal history. The court then considers the broader sentencing factors in 18 U.S.C. Section 3553(a), including the nature of the offense, the history and characteristics of the defendant, and the need for the sentence imposed. The judge must impose a sentence that is sufficient, but not greater than necessary, to serve the purposes of sentencing. Effective mitigation can move a sentence well below the Guidelines range.

No. Since the Supreme Court’s decision in United States v. Booker, 543 U.S. 220 (2005), the Sentencing Guidelines are advisory rather than mandatory. A judge must still correctly calculate and consider the Guidelines range, but is not bound by it and may impose a sentence above or below that range after weighing the Section 3553(a) factors. This advisory framework is what makes detailed, individualized sentencing advocacy so important.

A mandatory minimum is a sentence floor set by statute, for example, in many drug trafficking and certain firearm offenses, that a judge generally cannot go below, even when the advisory Guidelines suggest less. There are limited exceptions. The statutory safety valve can allow relief for certain defendants with minimal criminal histories, and a government motion for substantial assistance can permit a sentence below the minimum. Whether a mandatory minimum applies and whether any exception is available is a critical early question in many cases.

Federal parole was abolished for offenses committed after November 1, 1987. Today, a federal sentence is generally served in full, reduced only by good conduct time of up to fifty-four days per year. Most sentences are also followed by a term of supervised release, which is served in the community under conditions set by the court. Programs such as compassionate release and certain First Step Act provisions can, in defined circumstances, shorten time in custody, but there is no general parole.

Yes. After a conviction, you generally have the right to a direct appeal to the United States Court of Appeals for your circuit. An appeal is not a retrial. It is a review of the trial record for legal errors that may have affected the verdict or the sentence. Common issues include evidentiary rulings, jury instructions, and Guidelines calculations. Appellate work is central to our practice.

In a federal criminal case, the notice of appeal must generally be filed within fourteen days after the entry of the judgment under the Federal Rules of Appellate Procedure. This deadline is short and strict, so the decision whether to appeal should be made quickly. If the deadline is at risk or has recently passed, it is important to consult counsel immediately, because limited mechanisms may exist to address a missed deadline in narrow circumstances.

A motion under 28 U.S.C. Section 2255 is the primary way a person in federal custody challenges a conviction or sentence after the direct appeal is over. It is filed in the sentencing court and raises issues that generally could not be raised on direct appeal, most often ineffective assistance of counsel, newly discovered evidence, or a constitutional violation. A Section 2255 motion is usually subject to a one-year filing deadline, so timing matters.

Compassionate release is a mechanism under 18 U.S.C. Section 3582(c)(1)(A) that allows a federal court to reduce a sentence when extraordinary and compelling reasons justify it and the sentencing factors support a reduction. Common grounds include serious medical conditions, advanced age combined with declining health, and certain family circumstances. A defendant may file the motion directly with the court after asking the Bureau of Prisons and meeting the statute’s exhaustion requirement.

We defend people at every stage of a federal case, from the investigation and grand jury phase, through pretrial litigation, trial, and sentencing, and on into direct appeals and post-conviction relief. Our practice has particular depth in federal appeals, sentencing advocacy, and post-conviction work, including Section 2255 motions and compassionate release. We handle white-collar and fraud matters, public corruption, drug and firearm offenses, and a broad range of other federal charges.

Yes. Elizabeth Franklin-Best is licensed in South Carolina and New York. She is admitted to practice before the United States Supreme Court, all twelve federal courts of appeals, and several federal district courts. She appears in federal district courts nationwide through admission pro hac vice. Because federal criminal law is national law, we can take on federal trial, appellate, and post-conviction matters across the country.

We offer a paid, one-hour initial consultation with an attorney. In that time, we review the facts as you describe them, explain where the case stands, and discuss the realistic options and next steps. A paid consultation lets us give you a focused, candid assessment of your matter rather than a general overview. You can schedule directly through our booking page.

As early as possible. The strongest opportunities in a federal case often come before charges are filed, when records can be preserved, witnesses identified, and the defense can engage with prosecutors. If you have received a target letter or grand jury subpoena, learned that you are under investigation, been contacted by federal agents, or already been charged, that is the time to call. Seeking counsel early does not signal guilt. It protects your rights when it matters most.