Facing Federal Charges? Here’s What You’re Really Up Against

If you’re facing federal criminal charges, a conviction can alter the course of the rest of your life. Federal cases are much different from the average state criminal case and are governed by strict regulations and complex statutes. Unlike state prosecutors, the federal government has access to far more resources to build its case against you. To protect your rights and future, it’s essential to know what you’re facing.

You need a federal defense attorney

Don’t try to handle your case on your own. Moving forward without a lawyer is the biggest mistake you can make. However, you can’t just hire any defense attorney. You need an attorney with extensive experience in federal court. Federal criminal defense is a specialized practice and skilled lawyers know how to navigate the complexities of the system with ease.

Whether you’re facing charges involving fraud, drugs, or firearms, conviction rates for federal crimes are high. You can’t afford not to hire experienced legal counsel.

Federal investigations begin long before charges are filed

Defendants aren’t told right away when they’re being investigated. Federal investigations usually occur over months or even years before an indictment is issued. By the time charges are filed, the prosecution has an extensive amount of evidence to prove their case.

If you’re currently facing federal charges, that means you were being investigated for a while. The prosecution may have had you under surveillance, pulled your financial records, or issued a wiretap a long time ago.

Federal prosecutors have virtually unlimited resources

Unlike state prosecutors, federal prosecutors have access to a wealth of resources – including money – to conduct a thorough and extensive investigation. They also collaborate with other agencies like the FBI, DEA, ATF, and IRS. This puts you at a disadvantage, especially when you don’t have a good lawyer.

Grand juries only hear the prosecution’s evidence

If you’re being investigated for a suspected federal crime, the grand jury will only hear the prosecution’s evidence against you to determine if an indictment is warranted. All of this happens without knowing you’re being investigated. And the prosecution may contact you as a “witness” or ask you to provide documents without telling you you’re being investigated. Any information you provide can be used to support charges against you.

By the time charges are officially filed, the prosecution has typically already proven its case. By the time you’re notified, you’ll be defending yourself against an advanced case rather than an early allegation.

Federal sentencing is serious

Although judges have some discretion, federal sentences are severe and many crimes carry mandatory minimums even for first-time offenders. For example, nearly 40% of federal drug offenders face mandatory minimum penalties.

Expect to be offered a plea deal

In federal cases, 97% of convictions are the result of plea bargaining. Federal trials are rare. This can be beneficial since jury trials are risky and more likely to result in harsher sentences. But effective plea bargaining requires a skilled federal defense lawyer to weaken the government’s case against you.

The first offer you receive might be a trap. For example, say you’re charged with wire fraud and the guideline is a prison sentence between 78-97 months. The prosecutor offers you a deal right away, so you plead guilty to the main count. You’ve just waived your right to appeal and there are no sentencing reductions. The only benefit here is avoiding trial. You’ll still spend 6-8 years in prison, pay restitution, and forfeit your assets.

On the other hand, a good plea deal would involve your attorney disputing your role and filing motions to attack the government’s evidence. In the end, the government agrees to let you plead guilty to a lesser offense without a mandatory minimum, recommends acceptance-of-responsibility reductions, and agrees not to pursue sentencing enhancements. In the end, you serve 30 months.

There are consequences after prison

Federal convictions can follow you for the rest of your life – even after you get out of prison. The situation can permanently impact your professional, financial, and personal life. For example, many regulated professions automatically disqualify candidates with certain federal convictions, and licensing boards tend to impose automatic suspensions or revocations.

Potential employers and landlords who perform background checks will see your conviction and that can become a barrier. Even though it’s generally illegal to reject applicants based on the existence of a criminal record (with some exceptions), it happens regularly.

Don’t fight your case alone

The federal legal system is complex and unforgiving. Knowing what you’re up against won’t eliminate risk, but being informed and working with a skilled lawyer will protect your rights and mitigate the consequences of a conviction.