Federal Criminal Defense

How federal cases differ from state cases, and how we defend them.

A federal case can feel especially overwhelming. Federal agents may have been investigating for months before you hear anything, and the court, the rules and the people involved are different from a county case. Knowing how the process works is a good first step.

The Eldon B. Mahon U.S. Courthouse, the federal courthouse in downtown Fort Worth
The federal courthouse in Fort Worth. Photo: Renelibrary, CC BY-SA 4.0.

Our attorneys defend people in federal court in the Northern District of Texas, which includes Fort Worth and Dallas, and in other federal courts. The firm's attorneys include former federal and state prosecutors.

How federal court is different

  • The investigators are federal agencies, such as the FBI, DEA, IRS, Homeland Security or the Postal Inspection Service, and the prosecutor is an Assistant United States Attorney.
  • Investigations often come first. Agents may gather records, recordings and witness statements for a long time before anyone is charged.
  • Felony charges come from a federal grand jury, through an indictment.
  • Sentencing follows federal guidelines. The judge considers the federal sentencing guidelines and a detailed report prepared by the U.S. Probation Office. Some charges carry required minimum sentences.
  • There is no parole in the federal system. After a prison sentence, most people serve a period of supervised release.

How a federal case usually moves

Every case is different, and the steps and timing can vary. In general:

  1. Investigation. Agents gather evidence. You may receive a call, a visit, a subpoena or a target letter.
  2. Charge and first appearance. After a charge, you appear before a federal magistrate judge, who decides whether you can be released while the case goes on.
  3. Evidence review and motions. Your attorney reviews the government's evidence and may ask the court to keep some of it out.
  4. Resolution. The case may be resolved by agreement or go to trial. You decide whether to accept an offer or go to trial.
  5. Sentencing, if there is a conviction. The probation office prepares a report, and your attorney can challenge errors in it and present your side to the judge.

How our attorneys help

  • We step in early, sometimes during an investigation, so you are not facing agents alone.
  • We review large volumes of records, recordings and financial documents.
  • We explain the federal sentencing guidelines and what they may mean for you, in plain words.
  • We prepare you and your family for each step, from the first appearance to sentencing.

Not sure whether your case is federal or state? Your paperwork usually shows which court has it. If you aren't sure, call us and we'll help you find out.

Common questions

Questions people ask about federal cases.

Federal agents came to my home or work. Do I have to talk to them?

You can politely say you want to speak with an attorney first. Don't lie to agents: making a false statement to a federal agent is a separate crime. Then call us.

Can a case be both state and federal?

Sometimes the same events can lead to state charges, federal charges, or both. An attorney can explain what is happening in your situation.

Will I be held in jail until trial?

Not necessarily. At an early hearing, a magistrate judge decides whether you can be released and under what conditions. Your attorney can present reasons for your release.

Talk with an attorney. The first consultation is free.