Common Federal Charges We Handle
Federal crimes are offenses that violate United States federal law and are enforced by federal law enforcement agencies such as the FBI, DEA, and IRS. These crimes are investigated by federal government agencies and prosecuted in federal courts, which operate separately from state courts. Federal judges preside over these cases.
Significant penalties can result if you are convicted of a federal crime, including lengthy prison sentences, steep fines, and the loss of professional licenses. It is essential to retain the services of a skilled federal criminal defense lawyer if you are facing federal charges so they can zealously defend you against them.
Here are some of the common federal charges our attorneys handle that involve the federal justice system:
Individuals charged with federal drug crimes, such as possession or trafficking, face harsh penalties. According to the DEA, trafficking certain drugs carries a minimum ten-year prison sentence.
Child Pornography
The federal government aggressively prosecutes individuals charged with child pornography crimes, and a conviction can result in a lengthy prison sentence. According to the Department of Justice, a conviction for federal child pornography laws can result in a mandatory minimum 15-year sentence. Additionally, registration as a sex offender may be necessary. The Department of Justice says that failing to properly register as a sex offender can result in up to 10 years in prison.
White-Collar Crimes
White collar crimes involve allegations of financial fraud, such as Ponzi schemes or tax fraud. They can also include intellectual property theft.
Financial Fraud
A misrepresentation of facts to obtain something of value, such as credit cards, mortgages, or wire fraud, falls under this category.
The federal government has dedicated attorneys to prosecute fraud cases against healthcare professionals, which can result in the loss of a medical professional’s license and severe criminal consequences.
Fraud crimes are often perpetrated through the internet, and people charged with hacking or other computer-related offenses face complicated legal issues with significant penalties.
Frequently Asked Questions About Federal Crime Charges
Here are some of the most common questions we receive about federal criminal defense matters.
What is a target letter?
A target letter is a formal notice from a federal prosecutor. The target letter informs you that you are the subject of a criminal investigation. Receiving a target letter usually means the government has substantial evidence linking you to one or more federal crimes. Depending on your specific case, the letter may invite you to testify before a grand jury or speak with prosecutors. You should not respond to a target letter or attend any meetings without a federal criminal defense lawyer.
What is a white-collar crime?
White collar crimes are non-violent offenses typically committed for financial gain. They often involve fraud, embezzlement, identity theft, or tax violations. In federal court, common white-collar crimes include wire fraud, mail fraud, securities fraud, healthcare fraud, and conspiracy charges. These cases are complex—they often involve thousands of documents, electronic evidence, and multiple defendants. Working with an experienced attorney is key.
How can I protect myself during a white-collar crime investigation?
If you learn you’re under investigation, do not speak to investigators without legal counsel. Preserve any relevant documents or communications (including subpoenas or target letters). Don’t alter or delete anything, even if you have access to evidence that makes you look guilty. Interfering with an investigation could lead to obstruction of justice charges. Hire an experienced federal criminal defense attorney as soon as possible and follow their instructions to the letter.
What should I do if I receive a grand jury subpoena letter?
A grand jury subpoena compels you to provide testimony or documents. The government may or may not suspect you of wrongdoing, but you still need to protect yourself as much as possible. Complying without legal guidance could hurt you, especially if the documents or testimony connect you to a broader criminal scheme. A federal criminal defense attorney from Broden & Mickelsen, LLP can review your case and determine whether you face any risk. Our criminal defense firm can often negotiate protections, such as immunity or a narrower subpoena.
What are some of my important rights in federal court?
You have a right to refuse to make any statements. If you have a lawyer, never make a statement to anybody without talking to your lawyer first. Some other essential rights include the following:
- If you are charged with a felony, you have a right to have your case presented to a grand jury, where a group of citizens votes as to whether there is probable cause that you committed the crime charged. If you are arrested for a felony offense before an indictment is returned, you have a right to a preliminary hearing where a magistrate judge determines if there is probable cause that you committed the crime charged.
- You have a right to be represented by an attorney and have an attorney appointed by the court if you can show that you cannot hire an attorney.
- You have a right to a detention hearing if the government seeks to keep you in jail pending your trial.
- You have a right to discover the evidence against you.
- You have a right to have the government prove any charge against you beyond a reasonable doubt. The beyond-a-reasonable-doubt standard is the highest standard of proof in the American justice system.
- You have a right to a speedy jury trial. Unlike in state court, a jury in federal court only decides the issue of guilt and innocence, not the sentence.
- If there is a trial, you have a right to testify at the trial. But, on the other hand, you cannot be forced to testify, and if you choose not to testify, that fact cannot be used against you.
- You have a right to use subpoenas to make witnesses come to court and testify on your behalf at any trial.
- If there is a trial, you have a right to have your lawyer cross-examine the government’s witnesses.
- You have a right to appeal your case, and if you cannot afford a lawyer, you have a right to an appointed lawyer on appeal.
How do the sentencing guidelines work in federal court? Am I eligible for probation?
The federal sentencing guidelines are complex and one of the primary reasons you need a lawyer with experience in federal criminal defense.
The sentencing guidelines calculate prison sentences using a table that includes factors such as your criminal history, all of your criminal conduct, whether you accepted responsibility for the charges against you, and your role in the offense. The sentencing guidelines also determine if you are eligible for probation or home confinement. Usually, only those with no criminal history or a minor criminal history qualify for probation or home confinement. A judge typically considers these guidelines when imposing a criminal sentence.
In some circumstances, the judge can depart or vary upward or downward from the sentencing guidelines in a particular case. Downward departures are most frequent in cases where a defendant cooperates with the government by giving information regarding other people. Again, it is vital to retain a lawyer who works with the federal sentencing guidelines daily and is familiar with how the guidelines are applied and the exceptions to the guidelines.
I am charged with a drug offense in federal court. I’ve heard there are severe penalties for drug cases in federal court. Is that true?
Most drug cases involve not only the sentencing guidelines, which are quite harsh in drug cases but also involve mandatory minimum sentences determined by the drug amounts. Moreover, a defendant can be held accountable for drugs possessed by another person simply if the defendant and the other person engaged in joint criminal activity, and the other drugs were foreseeable to the defendant.
Sentences are particularly harsh in cases involving crack cocaine, methamphetamine, or fentanyl. For example, if it is found that a defendant with no criminal history possessed with the intent to distribute 280 grams of crack – or even if only part of the 280 grams was possessed by the defendant and the rest was possessed by a co-conspirator and foreseeable to the defendant – the defendant faces a mandatory minimum sentence of 10 years in prison.
How long will it take to resolve my case if I am charged with an offense in federal court?
Unlike in state courts, criminal cases tend to progress quickly in federal court. The Speedy Trial Act requires that an indictment be sought within 30 days of a person’s arrest. Depending on the circumstances, the trial could be within a few months or not initiated for a couple of years.
I have been offered a plea bargain instead of going to trial in federal court. Should I accept the plea bargain?
It is impossible to provide a general answer to this question, although most cases are generally resolved through a plea bargain. In deciding whether to accept the plea bargain, the two most important things are:
- Do you understand all the consequences of the plea bargain?
- Do you have confidence that your lawyer is acting with your best interest in mind?
Some things to make sure you understand before accepting a plea bargain in federal court include:
- What will you be admitting to?
- Does the plea bargain provide for a specific sentence?
- Do you fully understand how the sentencing guidelines will affect your case and whether you will be eligible for a downward departure or subject to an upward departure?
- Are there any mandatory minimum sentences that apply to your case?
- If you are not a United States citizen, will the plea bargain affect your ability to remain in the United States?
- If there will be a sentence of confinement, do you understand how supervised release works?
- Are you waiving your right to appeal the application of the sentencing guidelines, or will you be able to appeal how the trial judge applies the guidelines?
What Is a Pre-Sentence Report in Federal Criminal Cases?
If you plead guilty or are found guilty in federal court, the next step is sentencing. Before that happens, a U.S. Probation Officer will prepare a Pre-Sentence Report (PSR).
A PSR gives the judge background information about you, your case, your charges, and the applicable sentencing guidelines. The goal is to help judges decide on an appropriate sentence under the United States Sentencing Guidelines.
The PSR typically includes:
- The details of each offense
- Any prior criminal history
- Biographical information, including your education, employment, and family
- Financial information
- Information about your mental and physical health and substance abuse issues (if applicable)
- Testimony from your family, friends, employers, and any other relevant parties
- Victim impact statements (if applicable)
- Once the probation officer drafts the report, your criminal defense attorney and the federal prosecutor have a chance to review it and file objections. Because errors in the PSR can lead to harsher sentencing, your choice of lawyer can make a significant difference in the outcome.
A Dallas federal criminal defense attorney can carefully review the report and advocate for favorable adjustments, especially when applying the sentencing guidelines or calculating offense levels and criminal history scores. Broden & Mickelsen, LLP represents clients throughout the sentencing phase. We use every available opportunity to minimize exposure and pursue favorable outcomes, including through the PSR.
I have to meet with a probation officer who will be preparing my presentence report. Should my lawyer go with me to this meeting?
Absolutely. The probation officer will do the preliminary calculation of your sentencing guidelines and, therefore, will have a great deal of influence on your ultimate sentence. Your lawyer owes it to you to attend this critical meeting in order to make sure that nothing is said that could have a detrimental effect on how your guidelines are calculated.
Do I have to serve the whole sentence in a federal case?
In federal court, there is no parole. Under 18 U.S.C. § 3624(b), you may earn up to 54 days per year of “good conduct time,” which can reduce your sentence. You may also qualify for programs like the Residential Drug Abuse Program (RDAP), which further reduces your time in custody. However, you should expect to serve most, if not all, of your sentence. A skilled defense attorney can advocate for alternatives to incarceration or argue for program eligibility during sentencing.
I either lost my trial or pleaded guilty in federal court, but I am not satisfied with the outcome. Is there anything I can do?
Following a trial, you may appeal to the U.S. Court of Appeals provided you file a Notice of Appeal within 14 days of the judgment. Following a guilty plea, you may appeal if you did not waive your right to appeal.
If you lose an appeal in the Court of Appeals, you can ask the U.S. Supreme Court to consider your case. However, the U.S. Supreme Court gets to choose which cases it hears. It generally hears only those cases raising issues that might affect many different cases.
After losing an appeal, you can file a post-conviction petition or a writ of habeas corpus if you believe you were denied a constitutional right or that your lawyer was ineffective. But make sure you did not waive your right to file such petitions as part of your plea agreement.
