A Guide on What to Expect When Facing Federal Criminal Charges

The Federal Investigation Phase

• Federal criminal cases often begin long before an arrest. Federal agencies like the FBI, DEA, or IRS may investigate for months or even years before making their first contact with a suspect. Common signs of a federal investigation include:
• Visits from federal agents requesting interviews
• Grand jury subpoenas for documents or testimony
• Search warrants executed at home or business
• Associates being contacted by federal agents
• Receipt of a “target letter” from prosecutors

Key Tip: If you suspect you’re under federal investigation, contact an experienced federal criminal defense attorney at Schierer & Ritchie, L.L.C., immediately. Early intervention can often mean the difference between facing charges and avoiding indictment.

The Arrest and Initial Appearance

Federal arrests typically occur in one of two ways:

1. Through a planned surrender arranged by your defense attorney
2. Through an unexpected arrest by federal agents.

After an arrest, you’ll have an initial appearance before a federal magistrate judge, usually within 24 hours. During this hearing:

• You’ll be informed of your rights;
• The charges will be formally presented;
• A determination about the pretrial release will be made
• A preliminary hearing date may be set.

The Bail Process in Federal Court

Unlike state courts, federal bail hearings (called detention hearings) focus on two primary factors:

1. Whether you’re a flight risk
2. Whether you pose a danger to the community.

The Bail Reform Act creates a presumption of detention for many federal offenses, making pretrial release challenging. Time is limited, and skillful planning is required:

• Preparing a comprehensive release plan
• Gathering supporting documentation
• Identifying suitable custodians
• Proposing appropriate conditions of release

Discovery and Pretrial Motions

Plea Negotiations or Trial Preparation

The Sentencing Process

Federal sentencing is highly complex, involving:

• Federal Sentencing Guidelines calculations
• Statutory mandatory minimums
• Departure and variance arguments
• Sentencing memorandum preparation
• Character letters and supporting documentation
• Expert testimony when appropriate

Why You Need Experienced Federal Defense Counsel

Federal criminal cases differ significantly from state prosecutions:

• Federal prosecutors have extensive resources
• Federal agents are highly trained
• Procedures are more complex
• Sentences are often longer
• Plea bargaining follows different rules
• Different evidence rules apply

Critical Deadlines and Timeline

Federal cases involve strict deadlines for:

• Filing pretrial motions
• Providing notice of defenses
• Responding to government motions
• Submitting sentencing materials
• Filing appeals

Missing these deadlines can have severe consequences for your defense.

Important Considerations

1. Exercise Your Rights:
   • Remain silent when questioned
   • Request an attorney immediately
   • Don’t consent to searches without legal advice
   • Don’t discuss your case with anyone but your attorney
2. Protect Your Communications:
   • Assume all jail calls are recorded
   • Don’t discuss your case on social media
   • Use only privileged legal mail for attorney correspondence
   • Avoid discussing your case with family or friends
3. Prepare for the Long Haul:
   • Federal cases often take months or years
   • Gather and preserve relevant documents
   • Maintain contact with your attorney
   • Follow all court orders and conditions strictly