Federal criminal cases often begin long before an arrest. A target letter, grand jury subpoena, search warrant or agent interview can signal that important decisions need to be made while the investigation is still developing.
Pre-charge federal investigations
Early representation can help determine a person's status in an investigation, preserve evidence, evaluate interview requests and respond to subpoenas or document demands. Decisions made before charges are filed can affect the rest of the case.
Grand jury and charging
Federal prosecutors can use the grand jury to investigate and seek an indictment. A subpoena should not be ignored, but the response may raise privilege, scope, Fifth Amendment or strategic questions that depend on the recipient and the requested material.
Detention, discovery and motions
After charges are filed, release or detention can become an immediate issue. The defense then reviews discovery, investigates the facts and evaluates motions involving searches, statements, identification, discovery or charging issues.
Plea decisions and trial
A proposed plea agreement should be evaluated in light of the evidence, charges, sentencing exposure, appeal waivers and rights being given up. If the case proceeds to trial, the defense must force the government to prove every required element beyond a reasonable doubt.
Federal sentencing and appeal
Federal sentencing can involve statutory penalties, the advisory Sentencing Guidelines and individualized sentencing factors. Preserved legal issues may be reviewed on direct appeal, and separate rules govern later collateral challenges.
Related information
- Federal target letters
- Grand jury subpoenas
- Federal firearms cases
- Federal sentencing guidelines
- Federal case-process guide
This page provides general information and is not legal advice. The law, available defenses and potential consequences depend on the facts and current law.