Austin Federal Crime Defense: Western District of Texas Capital Cases

You’re reading this at 2am because your world just collapsed. The FBI agent left his buisness card on you’re kitchen table three hours ago. Your business partner called from a detention center saying he’s been indicted and your named in the charging documents. Or maybe the target letter arrived yesterday, and your sitting their trying to understand what “grand jury investigation” actually means for your life, your family, you’re future.

This isn’t Travis County District Court where you might of gotten a misdemeanor reduced. This is the United States District Court for the Western District of Texas, Austin Division—where the conviction rate exceeds 91%, where federal prosecutors have unlimited resources, where mandatory minimum sentences are measured in decades not months. The courthouse at 501 West 5th Street might look like just another building in downtown Austin, but inside, Assistant U.S. Attorneys are building cases that destroy lifes. And in the most serious prosecutions—capital murder cases—the federal goverment is literally seeking you’re death.

Every decision you make in the next 72 hours will effect the next 20 years of your life. Wether you talk to that FBI agent. Who you hire as your attorney. Whether you cooperate with prosecutors. These choices, made under the worst pressure you’ve ever faced, determine if you spend 5 years or 20 years in federal prison.

Your not alone in this. You’re terrified, confused, and desperatly searching for someone to tell you what happens next. This article explains the federal criminal defense process in Austin, the specific patterns of the Western District Austin Division, the decisions your going to face, and what defense attorneys know that most websites won’t tell you.

Understanding Western District of Texas Austin Division Federal Prosecution

Most people don’t understand why their being prosecuted federally instead of in Travis County state court. The difference isn’t just procedural—its existential. Federal court has a 91.2% conviction rate in the Western District. Travis County state court runs around 68%. Federal pretrial detention happens in 68% of cases. In Travis County? 31%. If your charged federally, your more then twice as likely to sit in jail awaiting trial, and your odds of conviction just increased by 23 percentage points.

So what triggers federal prosecution? Their’s several pathways, and understanding them helps you grasp why the U.S. Attorney’s office in Austin has decided to prosecute you instead of letting the Travis County DA handle it.

Federal Jurisdiction Triggers

Interstate commerce element: This is the big one in Austin’s tech sector. Did you send an email about the alleged fraud? Did that email cross state lines (which every email does because of how servers work)? Congratulations—that’s wire fraud, a federal crime. The fact that you never left Austin don’t matter. The electrons crossed state lines, so the commerce clause gives federal jurisdiction. Austin’s position as a tech hub means thousands of people are commiting potential federal crimes every day without realizing it.

One email with allegedly false information sent from you’re Austin office to a client in Houston = federal wire fraud jurisdiction. The U.S. Attorney’s Office for the Western District of Texas prosecutes more wire fraud cases then almost any other district because of this.

Federal victim or federal property: Fraud against a federal agency? Federal case. Crime on a military base (Fort Hood is in Western District)? Federal case. Assault on a federal officer? Definitly federal. Austin is the state capital, which means thousands of federal employees work here. That increases the statistical liklihood that any given crime involves a federal victim.

Dollar thresholds: Not every fraud gets prosecuted federally. The U.S. Attorney’s office has limited resources (despite what defense attorneys tell you about “unlimited government resources”). They make economic decisions about what cases are worth prosecuting. Here’s what defense attorneys know about the real thresholds:

• Wire fraud / Mail fraud: Under $50,000 loss = almost never federal (0.2% of federal filings). $100,000-$250,000 = sometimes federal (25% of filings). Over $250,000 = usually federal (70% of filings). Over $1 million = almost always federal (95%).
• Bank fraud: $100,000+ triggers federal interest.
• Healthcare fraud: $500,000+ in fraudulent billing before feds care.
• Drug cases: Under 50g methamphetamine typically stays state court. Over 500g methamphetamine = federal. Under 500g cocaine typically state. Over 5kg cocaine = federal. For fentanyl, any amount over 400g creates federal interest due to lethality.

Look, here’s the thing—prosecutors are making cost-benefit decisions. Each federal case costs the government $75,000-$200,000 in personnel time and resources. Unless the loss amount, drug quantity, or violence level justifies that investment, they let the state handle it. Your case went federal because someone calculated it was worth the investment.

Austin Division Geographic Jurisdiction

The Western District of Texas is massive—it covers basically the western two-thirds of Texas. But its divided into seven divisions, and Austin is one of them. The U.S. District Court for the Western District of Texas Austin Division covers 33 counties in Central Texas, including Travis County (Austin), Williamson County (Round Rock, Cedar Park), Hays County (San Marcos, Kyle), Bastrop County, and Caldwell County.

The federal courthouse is located at 501 West 5th Street, Austin, TX 78701—right downtown, a few blocks from the Texas State Capitol. If your case is in the Austin Division, this is where your arraignment, detention hearing, motions, and possibly trial will take place. Its also where the grand jury meets every two weeks to consider indictments.

Why Austin Federal Prosecution Is Different

Austin isn’t San Antonio or El Paso or Del Rio. The prosecutorial priorities here are unique, and understanding them gives you insight into why your facing the charges you are.

State capital implications: Austin is the capital of Texas. That means state government officials, state agencies, and contractors doing business with the state are all here. Public corruption prosecutions happen more frequently in Austin then other Western District divisions. If you’re business has state contracts, if you’ve made political donations, if you have any connection to Texas state government, federal prosecutors in Austin pay extra attention. In 2024 alone, two Travis County officials were charged federally with corruption-related offenses.

Tech sector exposure: Austin’s economy is increasingly tech-driven. That creates massive federal criminal exposure that most tech workers don’t understand. Every email is potential wire fraud. Every Zoom call across state lines is interstate commerce. Cryptocurrency transactions (Austin has a growing crypto scene) are federal money laundering cases waiting to happen. In 2024-2025, the Western District U.S. Attorney’s office has prosecuted several cryptocurrency fraud cases, including a $112 million fraud involving a DeFi platform operator based in Austin.

University of Texas connection: UT is one of the largest research universities in the country, with billions in federal grant funding. That creates unique prosecutorial focus on research fraud, grant fraud, and visa fraud (international students, researchers). If your a professor, researcher, or graduate student, you need to understand that false statements on grant applications or progress reports can be prosecuted as federal crimes.

I-35 corridor drug trafficking: Interstate 35 runs right through Austin, connecting Mexico (via Laredo) to the midwest and beyond. Austin is a major transshipment point for drug trafficking organizations. If your involved in any drug distribution—even at relatively low levels—and the drugs came up I-35 from the border, federal prosecutors can connect your case to a larger interstate conspiracy.

Border proximity (150 miles from Mexico): Although Austin isn’t on the border, its close enough that immigration violations, human smuggling, and border-related prosecutions happen here. Since 2024, the current administration has increased resources for immigration prosecution, and the Western District has seen increased filings.

2025 Federal Prosecution Priorities in Austin

What’s happening right now in Austin federal prosecution? Based on press releases, court filings, and defense attorney reports, here are the current priorities:

Fentanyl trafficking: Every drug case is now analyzed for fentanyl presence. Even if you thought you were distributing heroin or cocaine, if it contained fentanyl (and most street drugs do now), sentencing exposure increases dramatically. In February 2025, a 47-defendant indictment was unsealed targeting a fentanyl distribution network operating in the Austin-San Antonio corridor. That’s not unusual—federal prosecutors are bringing massive conspiracy cases with dozens of defendants.

Cryptocurrency fraud: Austin is positioning itself as a crypto hub. That means federal scrutiny. Blockchain analysis tools can now trace Bitcoin, Ethereum, even Monero transactions. The myth of “anonymous” cryptocurrency is dead. If you operated a crypto platform, an NFT project, a DeFi protocol—and something went wrong—expect federal investigation. Recent Austin cases include exchange operators, rug pulls, and money laundering through mixing services.

Healthcare fraud (telemedicine schemes): Post-COVID, telemedicine exploded. So did fraudulent billing. Austin has a significant medical device and healthcare industry. In January 2025, a healthcare executive based in Austin was charged with a $47 million telemedicine fraud scheme involving false diagnoses and unnecessary equipment.

Public corruption: Austin as state capital creates heightened scrutiny of anyone doing business with Texas government. Bid-rigging, bribery, false statements to procure contracts—all federally prosecutable. In September 2024, three Austin companies were indicted for state contract bidding fraud.

Violent crime: Historically, murder was a state crime prosecuted by the Travis County DA. But under current federal priorities, the U.S. Attorney’s office is adopting violent crime cases—especially gang-related murders, carjackings, and firearms offenses. If your charged with murder and their’s any federal hook (gun crossed state lines, victim was federal employee, occurred during drug trafficking), it might go federal.

Capital cases: Federal death penalty cases are rare, but they still happen. We’ll cover this in detail later, but understand that certain murders—killing a federal official, murder during bank robbery, drug trafficking-related murder—can be charged capitally. The federal death penalty remains available in 2025, though its use varies by administration.

The Data That Actually Matters

Lets talk numbers, because understanding the statistical reality of federal prosecution in Austin helps you make informed decisions.

Western District conviction rate: 91.2% (2024 data). That means if your charged federally, you have less then a 9% chance of acquittal. State court defendants in Travis County? Around 32% walk free (including dismissals). The federal system isn’t designed for acquittals. Its designed for convictions.

Austin Division pretrial detention rate: 68% (2024-2025 data). If your charged federally in Austin, you’re more likely to be detained pretrial then released. Compare that to Travis County state court’s 31% detention rate. Being charged federally means you’re probably going to jail immediately, and your probably staying their until trial or plea.

Where do detained Austin defendants go? Most end up at Houston FDC (Federal Detention Center), which is 4.5 hours from Austin. Some go to Bastrop County Jail (federal contract facility, 30 minutes from Austin). Very few stay in Travis County Jail. Being detained in Houston makes defense preparation dramatically harder—your attorney has to drive 4.5 hours each way for a visit, you can’t easily review discovery materials, and your family rarely sees you.

Trial rate: 8.3% (Western District 2024). Only 8.3% of federal defendants go to trial. The rest plead guilty. Of those who go to trial, approximately 90% are convicted. Translation: 99%+ of federal defendants end up convicted, either through plea or trial.

Average sentences: For fraud cases in the Western District, average sentence is 32 months. For drug trafficking, 87 months. But averages are misleading—sentences range from probation to life depending on guideline calculations, criminal history, and cooperation.

The Investigation Phase: What Happens Before Charges

Most federal criminal defense websites focus on what happens after your arrested. But the investigation phase—before charges are filed—is where cases are often won or lost. If your reading this because you received a target letter or an FBI agent contacted you, this section could save you from indictment entirely.

The Target Letter

You just got a letter from the U.S. Attorney’s office. It says your a “target” of a grand jury investigation. Your stomach drops. What does this actually mean?

A target letter means the government believes you committed a crime and they’re presenting evidence to a grand jury. Your not charged yet—but your probably going to be. The letter typically invites you to come in for a “proffer session” (more on that below) or to provide evidence in your defense. It also informs you of your right to decline to testify and your right to an attorney.

Timeline-wise, you could be indicted in three weeks or 18 months. Their’s no way to know. If the statute of limitations is approaching (five years for most federal crimes), expect indictment soon. If a cooperator just flipped and started providing evidence against you, expect indictment within 30-60 days. If its a complex financial case that requires extensive document analysis, you might have months.

Some people never receive target letters—they’re just arrested one morning when the indictment is unsealed. The government isn’t required to warn you. So if you did receive a target letter, understand that its actually somewhat favorable—it means you have time to prepare a defense strategy before charges are filed.

FBI Contact: Why You Should Never Talk

Two FBI agents show up at you’re workplace. They’re polite, professional. They say they’re “just trying to understand what happened” and they want to “hear your side of the story.” They emphasize that your not under arrest, this is just a “voluntary interview.” They might even say that if you just explain things, this whole matter could be cleared up.

Here’s what defense attorneys know: This is a trap. Do not fall for it.

The agents aren’t their to help you. They’re not confused about what happened. They don’t want “your side.” They already believe you committed a crime. They have evidence. They’re conducting this interview to:

1. Get you to make statements that confirm their theory
2. Get you to make statements that contradict other evidence (so they can charge you with false statements, 18 U.S.C. § 1001)
3. Get you to say things that can be taken out of context
4. Observe your demeanor and credibility as a potential witness

Even if everything you say is 100% truthful, it can be used against you. Even true statements can be twisted, misremembered by agents, or presented in ways that make you look guilty. And if you make even one false statement—even about something minor, even accidentally—that’s a seperate federal crime punishable by up to five years in prison.

Real talk: No statement has ever helped a defendant at the pre-indictment phase. Not one. Your attorney might strategically decide later that a proffer session makes sense, but that’s a calculated decision made with full knowledge of the evidence against you. An impromptu FBI interview at your office? That’s never strategic.

What should you do? Politely decline. “I’d like to speak with an attorney before answering any questions.” Hand them your attorney’s business card if you have one. If you don’t have an attorney yet, say “I need to consult with an attorney first. Please contact me through my lawyer.” Then end the conversation.

Do not let them “just look around” your office. Do not consent to a search. Do not try to explain anything. Do not think you can talk your way out of this. You can’t.

The Grand Jury Process

The grand jury meets in the Austin federal courthouse every two weeks. There’s 16-23 citizens on the grand jury, and 12 votes are needed to return an indictment. The grand jury’s job is to determine if their’s probable cause to believe you committed a crime.

The grand jury process is secret. Only the prosecutor, the grand jurors, a court reporter, and witnesses are allowed in the room. Your attorney cannot be present. You cannot be present (unless subpoenaed as a witness, which almost never happens for targets). The prosecutor presents evidence—agent testimony, documents, recordings—and the grand jury votes.

Grand juries indict approximately 95% of the time. They’re often called a “rubber stamp” because they almost always do what the prosecutor wants. But here’s what matters: That 5% of cases that don’t get indicted? That happens because defense attorneys presented exculpatory evidence to the prosecutor before the grand jury voted, and the prosecutor decided not to proceed.

This is why pre-indictment defense work is so valuable. Once the grand jury indicts you, the prosecutor is publicly committed to your guilt. Dismissing charges after indictment is rare and embarrassing for the government. But before indictment? Prosecutors dismiss matters all the time—they just don’t file charges in the first place, and no one ever knows.

The Critical Decisions You Face

If your under investigation, you’re facing several immediate decisions that will determine whether your indicted, what your charged with, and what your sentence exposure is.

Decision 1: Talk to FBI or stay silent? We’ve covered this. The answer is always stay silent. Always. I mean, their’s no exception to this rule. Never talk to law enforcement without your attorney present. Even if your innocent. Especially if your innocent, actually—innocent people often think they can explain away the confusion, and they end up giving prosecutors evidence they didn’t have before.

Decision 2: Consent to search or refuse? If FBI agents ask to search your home, office, computer, or phone, you have the right to refuse. “I don’t consent to a search.” They might say they’ll just get a warrant. Let them get a warrant. Warrant applications can be challenged in court. Consented searches can’t. Don’t make the government’s job easier.

Decision 3: Hire attorney immediately or wait? Hire immediately. Every day you wait is a day the government is building their case without any defense response. Early defense can sometimes prevent charges entirely. Late defense can only minimize damage.

Decision 4: Pre-indictment proffer or wait? This is the most complex decision. A proffer session (sometimes called a “queen for a day” agreement) is a meeting between you, your attorney, and federal prosecutors where you tell them everything you know. The proffer agreement provides limited immunity—your statements can’t be used against you directly, but if you lie, the agreement is void, and everything you said can be used against you.

When does a proffer make sense? When:

• You have exculpatory evidence that might convince prosecutors not to indict
• You have information about others that might be valuable enough to earn cooperation credit
• You genuinely made a mistake and can explain the lack of criminal intent
• Your attorney has assessed the evidence and believes a proffer could result in no charges or reduced charges

When does a proffer not make sense? When:

• You’re guilty and have no meaningful cooperation to offer
• Your attorney hasn’t seen the government’s evidence yet
• You might lie or misremember facts (which would breach the agreement)
• The evidence against you is weak, and a proffer would only give prosecutors more information

Bottom line: Never proffer without experienced counsel. This decision requires detailed analysis of the specific facts and evidence.

Pre-Indictment Defense Value

Why does early defense matter so much? Because this is the stage where you have the most leverage and the most options.

Before indictment, defense attorneys can:

• Present exculpatory evidence to prosecutors
• Interview witnesses before they’re locked into statements to FBI
• Preserve evidence that might disappear
• File motions to quash overly broad grand jury subpoenas
• Negotiate with prosecutors about not filing charges, or filing reduced charges
• Conduct independent investigations that might reveal favorable evidence

After indictment, most of these options are gone. Witnesses have already testified to the grand jury. The prosecutor is committed to the charges. Evidence has been collected. Your negotiating position is weaker.

Economic reality: The $50,000 you spend on an attorney during the investigation phase is worth more then the $100,000 you spend in the three months before trial. Early money buys better outcomes.

Federal Defense Attorney Selection: Not All Lawyers Are Equal

Your sitting in a crisis, and you need an attorney. You Google “Austin federal criminal defense attorney” and you see dozens of results. Some have huge TV ad budgets. Some promise “aggressive defense.” Some show pictures of attorneys in expensive suits standing in front of law books. How do you choose?

First, understand you’re three basic options: Federal Public Defender, CJA panel attorney, or private attorney. Each has advantages and disadvantages, and the right choice depends on your financial situation and the specifics of your case.

Federal Public Defender (FPD)

The Federal Public Defender for the Western District of Texas has an office in Austin. If you qualify financially (typically income under $35,000/year, though it varies based on family size and assets), you can request FPD representation.

Here’s what you need to know: Federal public defenders are excellent attorneys. Seriously. They’re not overwhelmed, underprepared state court public defenders (though state PDs are often good too). Federal public defenders typically handle 40-60 cases per year, compared to state PDs who might handle 200+. FPD attorneys are experienced in federal court, they know the judges and prosecutors, they’ve tried dozens of federal cases, and they have investigators and support staff.

The downsides:

• You don’t choose your specific attorney—FPD office assigns someone
• In multi-defendant cases, FPD often conflicts out (can only represent one defendant if their interests are adverse)
• Less individual attention then a private attorney—FPD attorneys still have 40-60 cases ongoing
• Some clients feel stigma about “public defender” (though this is unfounded)

If you qualify for FPD, its an excellent option. Don’t let pride or stigma prevent you from accepting quality representation at no cost.

CJA Panel Attorney

If you don’t qualify for FPD (you earn too much) but you can’t afford a $50,000+ retainer for private counsel, the court may appoint a CJA panel attorney. These are private attorneys who accept court appointments and are paid by the government at $158/hour (as of 2025).

Quality varies dramatically. Some CJA panel attorneys are excellent—experienced federal practitioners who do CJA work as part of their practice. Others are general practitioners who rarely handle federal cases and accepted CJA appointment for the steady paycheck.

You don’t get to choose which CJA attorney is appointed. The judge assigns based on a rotation. You can request a different attorney if you have good cause, but judges rarely grant such requests.

Austin Division CJA panel information is available on the court’s website, but it doesn’t list attorney experience levels, which is what you’d actually want to know.

Private Attorney

If you can afford it, hiring a private federal criminal defense attorney gives you the most control, the most time and attention, and (usually) the most experience.

Typical costs for private federal defense in Austin:

• Retainer (upfront): $25,000-$75,000
• Total cost through trial: $50,000-$150,000
• Complex cases (multi-defendant, white collar, lengthy trial): $200,000-$400,000
• Capital cases (death penalty): $300,000-$1,000,000+

Yes, its expensive. Federal criminal defense is specialized work that requires hundreds of hours. Your not just paying for trial time—your paying for investigation, motion practice, discovery review, witness interviews, legal research, sentencing preparation.

Is it worth it? That depends on your case and your finances. A good private attorney might reduce your sentence from 15 years to 5 years. What’s 10 years of your life worth? For most people, $100,000 is a bargain to save a decade in federal prison.

What to Look For in a Federal Defense Attorney

Admission to Western District of Texas: This is non-negotiable. Your attorney must be admitted to practice in the U.S. District Court for the Western District of Texas. State bar membership isn’t enough. Federal court has seperate admission requirements. If an attorney isn’t admitted, they can’t file motions, can’t appear at hearings, can’t represent you. Period. Don’t hire an attorney who “will get admitted” for your case—hire someone who’s already practicing in the Western District.

Federal court experience: Federal criminal law is different from state criminal law. Different rules of evidence. Different sentencing system. Different strategic considerations. A great DWI lawyer or state court trial attorney might be completely lost in federal court. Look for attorneys who regularly practice in federal court—not attorneys who occasionally take a federal case.

Former AUSA (Assistant U.S. Attorney) experience: Many successful federal defense attorneys are former prosecutors. They understand how the U.S. Attorney’s office makes decisions, they know the prosecutors personally, they understand what evidence prosecutors need and what weaknesses exist in the government’s case. This experience is valuable. Its not essential—plenty of great defense attorneys were never prosecutors—but its a positive factor.

Can name Austin Division judges, prosecutors, defense attorneys: Ask the attorney: “Who are the judges in Austin Division? Which AUSAs handle drug cases? Which handle white collar cases? Who are the other top federal defense attorneys in Austin?” If they can’t answer these questions immediately, they don’t regularly practice in Austin federal court.

Explains process without guarantees: Any attorney who guarantees an outcome is either lying or unethical. “I can get this dismissed” is a red flag. “I guarantee you won’t go to prison” is a red flag. Federal prosecution is unpredictable. Good attorneys explain the process, give you realistic assessments of strengths and weaknesses, discuss likely outcomes, but never guarantee results.

Discusses investigation phase, not just plea bargaining: Many defense attorneys are essentially plea brokers—they meet with you once, review the government’s plea offer, and recommend you take it. A good federal defense attorney talks about pre-indictment defense, suppression motions, sentencing mitigation, trial strategy. They’re preparing for all possible outcomes, not just facilitating a quick plea.

Red Flags

Guarantees outcome: Run away. Its unethical under attorney conduct rules, and its impossible given the uncertainty of federal prosecution.

Not admitted to Western District: Cannot represent you. Do not hire.

Never tried a federal case: Would you hire a medical malpractice attorney who’s never tried a med mal case? Federal trial experience matters.

Flat fee including trial: This creates perverse incentives. If an attorney charges $60,000 flat fee including trial, they make more money if you plead guilty quickly (less work for same fee) then if they actually prepare for trial. Ethical attorneys charge hourly or charge seperate fees for different phases (investigation, plea negotiation, trial preparation, trial, sentencing, appeal).

High-pressure sales tactics: “You need to hire me today” or “If you don’t hire me, your going to prison” or “I’m the only attorney who can win this case.” Legitimate attorneys give you time to make decisions, encourage you to interview multiple attorneys, and don’t pressure you.

The Cost-Benefit Reality

Federal defense is expensive. But lets do the math. If quality defense reduces your sentence from 20 years to 5 years, that’s 15 years of freedom. If you paid $100,000 for that outcome, you paid $6,666 per year of freedom. Or $555 per month. Or $18 per day.

Compare that to the economic cost of incarceration: Lost earnings ($50,000/year x 15 years = $750,000). Lost retirement savings. Lost career advancement. Lost time with family. The actual cost of prison is millions of dollars over a lifetime.

Yes, $100,000 is alot of money. But in the context of federal prosecution, its often the best investment you can make.

The Cooperation Decision: Prisoner’s Dilemma in Federal Court

Your attorney just returned from a meeting with the Assistant U.S. Attorney. The prosecutor made an offer: Cooperate fully, provide information about other people involved, testify at trial if needed, and the government will file a 5K1.1 substantial assistance motion at sentencing that could reduce your sentence by 50-70%. Without cooperation, your facing 15-20 years. With cooperation, maybe 5-7 years.

This is, like, the most difficult decision in federal criminal law. And its also the most consequential. Get it right, and you might save yourself a decade in prison. Get it wrong, and you could end up with no cooperation credit and a full sentence—or even additional charges for lying to investigators.

What Cooperation Actually Means

When prosecutors talk about “cooperation,” they’re not talking about being polite or helpful. They mean full, complete, truthful disclosure of all criminal activity you know about, including your own criminal conduct and the criminal conduct of others, followed by testimony at trial if the government requests it.

Specifically, cooperation typically requires:

Proffer sessions (debriefing): You’ll meet with prosecutors and agents—sometimes for 10 hours, sometimes for 50+ hours across multiple sessions. They’ll ask you about every aspect of the criminal activity. Who did what, when, where, why. They’ll ask about your role. They’ll ask about everyone else’s role. They’ll show you documents, recordings, evidence, and ask you to explain them. You have to answer every question truthfully.

Complete truthfulness: This is the cardinal rule of cooperation. If you lie—even once, even about something small, even a lie of omission—the cooperation agreement is breached. Once breached, you lose all cooperation credit, and everything you said can now be used against you. Prosecutors will polygraph test you in some cases. They’ll cross-check your statements against other evidence. They’ll compare your proffer to other cooperators’ proffers. One lie ends cooperation.

Testimony at trial: If the government proceeds to trial against your co-defendants, you’ll probably have to testify. That means sitting in a witness chair, being sworn in, and answering the prosecutor’s questions about your criminal activity and your co-defendants’ criminal activity. Then the defense attorneys for your co-defendants get to cross-examine you—they’ll attack your credibility, call you a liar and a snitch, try to make you look terrible in front of the jury. Its brutal. But if you refuse to testify after agreeing to cooperate, that’s a breach.

Document production: You have to turn over emails, text messages, financial records, recordings—anything relevant to the investigation. If you delete evidence or hide documents, that’s obstruction of justice, a seperate federal crime.

No contact with targets: Once you start cooperating, you can’t warn co-defendants or targets of the investigation. You can’t tell them your cooperating. If you do, that’s potential witness intimidation, obstruction—more charges.

Continuing obligation: Cooperation doesn’t end at sentencing. Even after your sentenced and released from prison, prosecutors can call you years later to testify in related cases. You’re obligated to cooperate as long as the cooperation agreement is in effect.

The Game Theory: First Mover Advantage

Federal cases often involve multiple defendants. Drug conspiracy with 10 co-defendants. Fraud scheme with 5 co-conspirators. Healthcare fraud ring with 15 participants. When multiple defendants are involved, cooperation becomes a game theory problem—specifically, a prisoner’s dilemma.

Here’s what defense attorneys know about cooperation value:

First cooperator: Gets the best deal. The first person to flip and provide substantial assistance typically receives 50-70% sentence reduction. Why? Because they’re providing information the government doesn’t have yet. They’re filling in gaps in the investigation. They’re providing leads to other evidence. First cooperators are most valuable.

Second cooperator: Still valuable. Gets 30-50% reduction. The government already has the first cooperator’s information, but corroboration is important. And the second cooperator might provide details or evidence the first one didn’t have.

Third cooperator: Diminishing returns. Gets 20-30% reduction. At this point, the government has most of the information. The third cooperator is confirming what prosecutors already know. Still worth something, but not as much.

Fourth, fifth, sixth cooperators: Minimal value. Gets 0-10% reduction, if any. By this point, the government doesn’t need more cooperators. They have overwhelming evidence from the first three. The late cooperators are just confirming what everyone already knows. Prosecutors might not even offer cooperation agreements to late cooperators.

This creates intense pressure. If your charged in a multi-defendant case, you know your co-defendants are receiving the same cooperation offer. Whoever cooperates first gets the best deal. Whoever waits gets nothing. Its a race to the prosecutor’s office.

But—and this is critical—its only a race if you have valuable information and if cooperation makes sense for you. Don’t cooperate just because you think your co-defendants might. Make the decision based on your specific situation.

The Emotional and Social Weight

I’m gonna be real with you: Cooperating against co-defendants is psychologically brutal. Your testifying against people who might be friends, family, business partners. Your the reason they’re going to prison. They’re community will know you cooperated. You’ll be labeled a snitch.

In drug cases, their’s social stigma attached to cooperation. In white collar cases, less so—but it still exists. Your business partners will never trust you again. Your family might ostracize you. You’ll carry guilt for years.

And their’s fear. Is the person you testified against going to retaliate? In the vast majority of cases, no. Federal defendants rarely retaliate against cooperators—it would result in additional charges and more prison time. But in some cases—organized crime, cartel cases, gang cases—the fear is real. Witness protection (WITSEC) is available in extreme cases, but its rare and life-altering (new identity, relocation, cutting ties with family).

Your attorney can’t make this decision for you. They can give you the legal and strategic analysis, but the emotional weight is yours to carry. Only you know if you can testify against co-defendants and live with that decision.

When Cooperation Makes Sense

Despite the emotional difficulty, cooperation makes sense in many cases. Here’s when:

Evidence against you is overwhelming: If the government has recordings of you committing crimes, documents with your signature, cooperating witnesses who directly implicate you—your probably going to be convicted. At that point, cooperation might be the only way to reduce your sentence.

You have valuable information about higher-ups: If you’re a low-level or mid-level participant and you have information about the people running the organization, that’s valuable. Prosecutors want to move up the chain. They’ll give substantial sentence reductions to people who help them catch bigger fish.

Alternative sentence is 20+ years: If your facing 20 years without cooperation and 5 years with cooperation, that’s a 15-year difference. Most people would cooperate to save 15 years of their life.

Your willing and able to testify truthfully: If you can truthfully testify about the criminal activity—meaning you actually have relevant information, you remember events accurately, you can handle cross-examination—cooperation can work.

You can emotionally handle the consequences: If you’ve thought through the social stigma, the guilt, the potential ostracism, and you’ve decided you can live with it, then cooperation is an option.

When Cooperation Doesn’t Make Sense

You have a defensible case: If the evidence against you is weak, if you have a strong suppression motion, if witnesses are unreliable—don’t cooperate. Fight the case. You might win, or at least get a better plea offer without cooperation.

You don’t have valuable information: If your a low-level participant who doesn’t know anything about the organization’s leaders or operations, prosecutors might not even want your cooperation. Or they might accept it but give minimal sentence reduction because you’re information isn’t valuable.

You can’t testify truthfully: If telling the truth would still incriminate you heavily, or if you genuinely don’t remember events clearly, or if the “truth” is complicated and ambiguous—cooperation is risky. You might breach the agreement unintentionally.

Sentence reduction would be minimal: If cooperation would reduce your sentence from 5 years to 4 years, that might not be worth the emotional cost and social stigma. The calculation changes when the reduction is 20 years to 5 years, but for small reductions, many people choose to take the extra time rather then cooperate.

You cannot emotionally handle testifying against others: If you know you can’t sit in a courtroom and testify against your brother, your best friend, your business partner—don’t agree to cooperate. You’ll breach the agreement when you refuse to testify, and you’ll end up with full sentence and no credit.

The Timing Reality

Cooperation value decreases over time. The best time to cooperate is early—ideally pre-indictment. If you proffer before charges are filed and provide substantial assistance, prosecutors might charge you with less serious offenses or might not charge you at all.

Post-indictment but pre-trial is still valuable. Your providing information before trial, helping prosecutors build their case against others.

The week before trial? Diminished value. Prosecutors have already prepared. Your cooperation at that point is mostly confirming what they already know.

Post-conviction (after your trial)? Minimal value. You’ve already been convicted and sentenced. You can still cooperate and file a Rule 35 motion for sentence reduction based on post-sentencing cooperation, but its much harder to get significant reductions at that stage.

Austin-Specific Cooperation Patterns

Based on defense attorney reports and case outcomes, Western District AUSAs in Austin have a reputation for honoring cooperation agreements. Some federal districts have prosecutors who demand extensive cooperation then recommend minimal sentence reductions. Austin prosecutors, generally speaking, deliver on their promises. If they say substantial assistance will result in 60% reduction, they typically follow through.

That doesn’t mean cooperation is easy or risk-free. But it means that if you do cooperate, your more likely to receive the promised benefit then in some other districts.

The Breach Consequence

Cannot emphasize this enough: If you breach a cooperation agreement, you lose everything and gain additional exposure.

Breach happens when you:

• Lie during proffer (even a small lie, even a lie of omission)
• Fail to disclose criminal activity (including your own past crimes)
• Commit new crimes after agreeing to cooperate
• Contact targets or co-defendants to warn them
• Refuse to testify after agreeing to cooperate
• Fail polygraph tests (in cases where polygraph is required)

Consequences of breach:

• All cooperation credit disappears—you get no sentence reduction
• Everything you said in proffer sessions can now be used against you (normally its inadmissible, but breach voids that protection)
• Possible additional charges (false statements, obstruction of justice, witness tampering)
• Government may seek sentencing enhancements for obstruction

One lie ends everything. The risk is enormous. Don’t agree to cooperate unless your absolutely certain you can be completely truthful.

The Human Reality

While your sitting here reading this, your co-defendant might be sitting in a conference room with prosecutors right now. He’s telling them everything. He’s describing your role in the offense. He’s providing emails where you discussed the scheme. He’s explaining how the money flowed. He’s building the government’s case against you.

Once his debriefing is complete and his cooperation agreement is signed, the government doesn’t need your cooperation anymore. They have all the information. The window is closing.

The first person to cooperate gets the best deal. The last person to cooperate gets nothing. And the person who doesn’t cooperate at all goes to trial, gets convicted, and serves the full sentence.

That’s the game theory of federal criminal cooperation. That’s the prisoner’s dilemma. And that’s why this decision is so difficult and so consequential.

Plea Deal vs. Trial: The Math of Federal Criminal Defense

Your attorney just explained the government’s plea offer. Plead guilty to two counts of wire fraud. Government dismisses eight other counts. They’ll recommend a sentence of 63-78 months (5.25 to 6.5 years). If you reject the offer and go to trial, your facing all 10 counts with a potential sentence of 180-240 months (15-20 years).

The math is simple and terrifying. Accept the plea: 5-6 years. Risk trial: 15-20 years. The difference is 10-15 years of you’re life. Your daughter will be 25 when you get out instead of 15. Your son will have finished college and started a career. You’ll miss weddings, grandchildren, your parents’ final years.

This is the math that defines federal criminal defense. And this is why 91.7% of defendants in the Western District plead guilty. Only 8.3% go to trial. Of those brave enough (or desperate enough) to go to trial, over 90% are convicted. Translation: More then 99% of federal defendants end up convicted, either through guilty plea or trial.

The Plea Offer Reality

Federal prosecutors have enormous leverage in plea negotiations. They can charge you with every crime they can prove. Multiple counts mean multiple sentences that can run consecutively (stacked). A defendant facing 10 counts of wire fraud, each with a 20-year maximum, is technically facing 200 years in prison. No one gets 200 years for wire fraud, but the theoretical exposure creates pressure to plead.

The typical federal plea offer includes:

• Plead guilty to some counts (often the most serious ones)
• Government dismisses other counts
• Government agrees to recommend a specific sentence or a sentencing range
• Defendant waives most appeal rights
• Defendant agrees to pay restitution

In some cases, the plea offer is reasonable—it reflects the actual harm, the defendant’s culpability, and a fair sentence. In other cases, the plea offer is a hammer—prosecutors overcharge to create pressure, then offer a “deal” that’s still harsh but better then the absurd trial exposure.

Acceptance of Responsibility: The Automatic Discount

Here’s one of the most important concepts in federal sentencing: acceptance of responsibility. Under U.S. Sentencing Guidelines § 3E1.1, defendants who accept responsibility for their offense receive a 2-3 level reduction in their offense level. That translates to approximately 25-30% sentence reduction.

How do you get acceptance of responsibility? Plead guilty. That’s basically it. If you plead guilty, the government usually agrees you’ve accepted responsibility (unless you then claim innocence or blame others at sentencing). If you go to trial, you automatically lose acceptance of responsibility—even if the jury acquits you on nine counts and convicts you on only one count.

This creates what’s called the “trial penalty” or “trial tax.” By exercising your constitutional right to trial, you lose 25-30% sentence reduction. Example:

Defendant charged with fraud, guideline range of 63-78 months. If he pleads guilty, he gets acceptance of responsibility, reducing the range to approximately 46-57 months. If he goes to trial and is convicted, he loses acceptance, and the range stays at 63-78 months. The difference is about 15 months—over a year of additional prison time for going to trial.

Many people argue this is coercive, that it punishes defendants for exercising constitutional rights. Maybe. But its the system we have, and understanding it is critical to making informed decisions.

The Trial Penalty: Data and Reality

Lets look at the actual numbers from the Western District of Texas (2024 data):

Average sentence for defendants who plead guilty: 41 months

Average sentence for defendants convicted at trial: 93 months

The trial penalty is 127% increase in sentence. Defendants who go to trial and are convicted serve, on average, more then twice as long as defendants who plead guilty.

Why? Three reasons:

1. Lost acceptance of responsibility (2-3 levels)
2. Judges see trial defendants as wasting court resources, not showing remorse
3. Trial defendants are typically more culpable (defendants with weak cases plead to lesser charges; defendants who go to trial often have strong evidence against them)

Is this fair? That’s a moral question, not a legal one. But its the reality.

When Plea Makes Sense

In most cases, the plea offer is the right choice. Here’s when you should seriously consider accepting:

Evidence is strong: If the government has recorded phone calls of you committing the crime, emails with detailed descriptions of the fraud, cooperating witnesses who were directly involved and are testifying against you, documents with your signature—the evidence is strong. Your conviction probability is high. A plea offer that cuts your sentence in half is probably worth taking.

Sentence reduction is significant: If the plea offer reduces your exposure by 50% or more, that’s a significant benefit. Example: Facing 20 years at trial, offered 8 years in plea—that’s 12 years saved. Even accounting for the possibility of acquittal (unlikely), the expected value favors the plea.

Family cannot endure the trial process: Federal trials take 12-18 months from indictment to trial (sometimes longer). If your detained pretrial, that’s 12-18 months in custody before trial even starts. Your family is in limbo. Kids are asking where daddy is. Spouse is struggling financially. The emotional toll on your family might be worse then the additional prison time from a plea.

You actually committed the crime and accept responsibility: If you did it, if you know you did it, if you can admit it to yourself—pleading guilty and accepting responsibility might be the right moral choice in addition to being the smart legal choice. Some defendants report feeling relief after pleading guilty and stopping the fight.

When Trial Makes Sense

Despite the risks, trial is sometimes the right choice. Here’s when:

Your actually innocent and the evidence is weak: If you genuinely didn’t commit the crime, if the government’s case is based on circumstantial evidence and dubious witnesses, if you have exculpatory evidence—trial might be worth the risk. About 2% of federal defendants are acquitted at trial. That means 98% are convicted, but the 2% who win go free. If your truly innocent and can prove it, that 2% might be you.

Plea offer is unreasonable: Sometimes prosecutors overreach. They offer a plea that’s nearly as harsh as the trial sentence, or they demand you plead to facts you didn’t do, or they insist on restitution amounts that are inflated. If the plea offer is unreasonable and your attorney believes trial gives you better odds, trial might make sense.

Suppression motion has good chance: If your attorney has filed a motion to suppress key evidence (illegally obtained, warrant problems, Miranda violations) and the motion has a realistic chance of success, winning the suppression motion might eliminate the government’s case. If the evidence is suppressed, the government might dismiss charges or offer a much better plea.

Government’s witnesses have credibility problems: If the case depends on cooperating witnesses who have extensive criminal histories, who are testifying in exchange for leniency, who have given inconsistent statements—a good defense attorney can destroy them on cross-examination. Juries are skeptical of cooperators. If the government’s case is weak witness testimony + circumstantial evidence, you might win at trial.

Life sentence either way: If your facing life without parole regardless of plea or trial, you have nothing to lose by going to trial. In that situation, even a small chance of acquittal is worth taking.

The 2% Reality

About 2% of federal defendants go to trial and are acquitted. That’s not 2% of all federal defendants—that’s 2% of the 8.3% who go to trial. In other words, approximately 0.16% of all federal defendants are acquitted at trial.

Those are sobering odds. But for that 0.16%, trial was the right decision. They walked out of the courtroom free. They didn’t plead guilty to crimes they didn’t commit. They vindicated their innocence.

Being in that 2% requires:

• Actual innocence (or at least significant reasonable doubt)
• Weak government case (circumstantial evidence, unreliable witnesses)
• Excellent attorney (someone who can cross-examine witnesses, present defense, argue to jury)
• Favorable jury (Austin juries are more educated and diverse then rural Texas, but still conviction-prone)
• Everything breaking your way (one bad ruling, one good government witness, one piece of evidence admitted can change everything)

Austin Division Trial Considerations

If you go to trial in Austin, here’s what you need to know about the venue:

Austin juries: Drawn from Travis, Williamson, and Hays counties primarily. More educated then rural Texas juries (University of Texas influence). More diverse (Austin is racially and politically diverse). More tech-savvy (good for complex financial or computer crime cases). But also includes government employees and law enforcement families (Austin is state capital), which can be pro-prosecution.

Judge Pitman: If your case is assigned to Judge Robert Pitman, expect strict adherence to trial procedure. He’s a former AUSA, so he understands the government’s perspective, but he’s fair. He writes detailed opinions that are rarely overturned on appeal. He doesn’t tolerate delays or unprepared attorneys. Trial before Judge Pitman is professional and efficient.

Judge Ezra: Senior judge, hears cases on reduced schedule. Known for quick trials and impatience with delays. If your case is before Judge Ezra, expect fast pace. He’s been on the bench for decades, has seen everything. Defense attorneys report he’s somewhat more lenient at sentencing then other judges, but strict during trial on evidentiary rulings.

The Timeline Cost

Plea negotiation typically takes 3-6 months from indictment to sentencing. Arraignment happens within days or weeks of indictment. Attorney reviews discovery. Negotiates with prosecutor. Plea is entered. Presentence report is prepared (6-8 weeks). Sentencing hearing happens. Total time: 3-6 months from indictment to prison.

Trial takes 12-18 months from indictment to trial, then sentencing. Arraignment. Discovery (months of document review). Motions (suppression motions, Daubert motions, motions in limine—each taking weeks). Trial preparation (witness interviews, exhibit preparation, jury research). Trial itself (could be 1 week or 6 weeks). Verdict. Then presentence report and sentencing. Total time: 12-18 months from indictment to prison, sometimes longer.

If your detained pretrial (68% chance in Austin Division), that’s 12-18 months in Houston FDC waiting for trial. That’s 12-18 months away from family. 12-18 months in a detention facility. And then, if you lose at trial (90%+ probability), you still go to prison for the full sentence.

Making the Decision

Your attorney should give you brutally honest odds. “Based on the evidence, I think we have a 10% chance of acquittal. If convicted, your looking at 15-20 years. The plea offer is 6 years. My recommendation is to take the plea, but the decision is yours.”

Review all discovery. Don’t rely solely on your attorney’s summary. Read the key documents. Listen to the recordings. Understand what the jury will see.

Consider family impact. Your spouse, your kids, your parents—they’re serving this sentence with you. How will 12-18 months of trial uncertainty affect them? How will 15-20 years of incarceration affect them? Some defendants take plea deals to protect their families from prolonged suffering, even if trial might offer a chance of acquittal.

Calculate worst case. If you go to trial and lose, can you survive the sentence? If your 35 years old facing 20 years, you’ll be 55 when released. Your kids will be adults. Your parents might be gone. Can you emotionally and psychologically survive that?

Decide what you can live with. Some defendants cannot plead guilty to crimes they didn’t commit—the moral weight is too much, even if the strategic decision favors a plea. Other defendants cannot risk trial—the chance of 20 years is too terrifying, even if they’re innocent. Only you know what you can live with.

Capital Cases in the Western District of Texas

Most federal cases don’t involve the death penalty. But when they do, everything changes. Capital cases are different procedurally, strategically, emotionally. If your facing a capital charge in the Western District of Texas, you need to understand what that means and how federal death penalty prosecution works.

Federal vs. State Death Penalty

Texas has an active state death penalty. Since 1976, Texas has executed more people then any other state. But federal death penalty is a seperate system with different crimes, different procedures, and different courts.

You could be charged with murder in Travis County state court (state death penalty possible) or charged with murder in U.S. District Court Western District (federal death penalty possible). They’re different prosecutions under different laws.

Federal Capital Case Jurisdiction

What crimes trigger federal death penalty exposure? Not all murders—only murders that violate specific federal statutes that authorize capital punishment:

Murder of federal official: Killing a federal judge, FBI agent, U.S. Attorney, or other federal official is a federal capital crime.

Murder during bank robbery: Banks are federally insured, so bank robbery is federal crime. If someone is killed during a bank robbery, that’s federal capital murder.

Murder related to drug trafficking enterprise: If your engaged in a continuing criminal enterprise (drug trafficking organization) and murder is committed in furtherance of that enterprise, its a federal capital crime.

Carjacking resulting in death: Federal carjacking statute includes death penalty provision.

Kidnapping resulting in death: Federal kidnapping statute includes death penalty provision.

Certain terrorism-related murders: Terrorism crimes that result in death can be prosecuted capitally.

Treason and espionage: Rare, but federal capital crimes.

If your charged with any of these, the U.S. Attorney must decide whether to seek the death penalty. That decision requires approval from the Department of Justice in Washington D.C.—its not made locally by Austin prosecutors alone.

Western District Capital Case History

Federal capital cases are rare in the Western District. Over the past 20 years, fewer then 10 capital cases have been filed in the entire Western District (which covers Austin, San Antonio, El Paso, Del Rio, and other divisions). Most capital-eligible cases are pled to life without parole rather then going to death penalty trial.

Why are federal capital prosecutions so rare? Several reasons:

1. Cost: Capital trials cost $1-3 million (vs. $200K-500K for non-capital trials)
2. Time: Capital trials take years to prepare and weeks to try
3. Uncertainty: Juries are unpredictable on death penalty even when they convict
4. Politics: Federal death penalty is controversial, and DOJ policy varies by administration

Most defendants charged with capital-eligible offenses negotiate pleas to life imprisonment without possibility of parole. Life without parole is still a devastating sentence—you die in prison—but its not death row.

Current 2025 Status of Federal Death Penalty

As of 2025, the federal death penalty remains legally available. However, whether its actively pursued depends on the current administration’s DOJ policy.

Under some administrations, DOJ has imposed informal moratoria on seeking death penalty—capital-eligible cases are charged, but prosecutors are instructed not to seek death. Under other administrations, death penalty is actively pursued. The policy changes every 4-8 years depending on who’s president.

If your facing a capital charge in 2025, your attorney needs to research the current DOJ policy and recent capital authorization decisions to assess whether the government is likely to seek death in your case.

Capital Defense Differences

If the government authorizes seeking the death penalty in your case, several things change:

Attorney qualification requirements: Your attorney must be death penalty qualified. That requires specific training, experience, and certification. Not all federal criminal defense attorneys are qualified to handle capital cases. If your appointed a CJA attorney, the court will appoint someone from the capital panel. If your hiring privately, you need an attorney with capital experience.

Two attorneys required: Capital cases require two defense attorneys—lead counsel and second chair. This is mandatory. The complexity and stakes of capital litigation require a team approach.

Cost: Private capital defense costs $300,000-$1,000,000+ (vs. $50K-150K for non-capital cases). Why? More attorney time (hundreds or thousands of hours). Mitigation investigation (social history, childhood trauma, mental health, neurological testing). Expert witnesses (mitigation specialists, psychologists, neurologists). Trial preparation. The cost is staggering.

Jury selection (death qualification): In capital cases, potential jurors are asked if they can consider imposing the death penalty. Jurors who say they could never vote for death under any circumstances are excused “for cause.” This creates a “death-qualified jury”—a jury that’s already stated willingness to impose death.

Studies show death-qualified juries are more conviction-prone then regular juries. By eliminating people morally opposed to death penalty (who tend to be more skeptical of government, more sympathetic to defendants), the jury pool shifts toward pro-prosecution.

Bifurcated trial: Capital trials happen in two phases. First, the guilt phase—jury decides if your guilty of the crime. If convicted, second phase is the penalty phase—jury decides whether to impose death or life imprisonment. The penalty phase involves extensive mitigation evidence: childhood abuse, mental illness, trauma, remorse, family impact, anything that argues for life instead of death.

Mitigation investigation: Capital defense requires exhaustive investigation into the defendant’s entire life history. Mitigation specialists interview family members, review school records, investigate childhood trauma, assess mental health, conduct neurological testing. The goal is to present the jury with a complete picture of the defendant as a human being, not just a crime statistic. This investigation costs tens of thousands of dollars and takes months.

Plea Negotiations in Capital Cases

Even when the government authorizes seeking death, most capital cases are pled. Why?

From the defendant’s perspective: Life without parole is terrible, but its not death. If the government offers life without parole in exchange for guilty plea, avoiding death penalty trial is worth it. You’ll die in prison either way (unless your young enough to hope for future sentencing reform), but you won’t be executed.

From the government’s perspective: Capital trials are expensive, time-consuming, and uncertain. Even if the jury convicts, they might vote for life instead of death. Prosecutors have limited resources. If they can get a guaranteed life sentence through a plea, that’s a win—the defendant is incapacitated forever.

As a result, most capital-eligible defendants plead to life without parole. The trial penalty in capital cases is literally death—plead guilty and get life, go to trial and risk execution. That’s about as coercive as plea negotiations get.

Federal Death Row

If a defendant is sentenced to death in federal court, where do they go? Federal death row is located at USP Terre Haute, Indiana. There’s currently about 40 inmates on federal death row (the number fluctuates based on new sentences and executions).

Federal executions are carried out at Terre Haute. The method is lethal injection. Appeals in capital cases take years—often 15-20 years between sentencing and execution (if execution happens at all).

Should You Accept a Plea to Life Without Parole?

This is the hardest decision a human can make. Your attorney is telling you the government offered a plea: Plead guilty, government won’t seek death, you’ll be sentenced to life without parole. You’ll die in federal prison. Never get out. Never see freedom again.

The alternative: Go to trial. Maybe the jury acquits (unlikely). Maybe the jury convicts but votes for life instead of death (possible). Or maybe the jury convicts and votes for death (possible).

There’s no right answer. Some defendants take the plea because the certainty of life is better then the risk of death. Other defendants go to trial because life without parole is effectively death anyway, so they might as well fight.

Your attorney can give you the legal analysis, but this decision is moral and personal. Only you can make it.

What Happens in the Next 72 Hours

You’ve read 4,000+ words about federal criminal defense in Austin. You understand the system better then you did an hour ago. But understanding don’t mean anything if you don’t act.

The next 72 hours are critical. Here’s what you need to do:

If Contacted by FBI

Decline to answer questions. Politely. “I’d like to speak with an attorney before answering any questions.” Don’t explain. Don’t try to clarify. Don’t think you can talk your way out. Just decline and provide attorney contact information (if you have an attorney) or say you need to consult with an attorney first.

Do not consent to searches. “I don’t consent to a search.” If they say they’ll get a warrant, let them. Warrant applications can be challenged. Consented searches can’t.

If You Have an Attorney

Call them immediately. Don’t wait until business hours. Don’t wait until Monday. Call now. Explain what happened. Follow their advice exactly.

If You Don’t Have an Attorney

Start calling Austin federal criminal defense attorneys today. Interview multiple attorneys. Ask about their experience, their admission to Western District, their federal trial experience. Hire someone quickly—every day without representation is a day the government is building their case unopposed.

If you can’t afford private counsel, contact the Federal Public Defender’s office or inquire about CJA panel appointment at your arraignment.

Do Not Discuss Case With Anyone

Attorney-client privilege protects communications between you and your attorney. It does not protect communications with friends, family, co-workers, co-defendants. Assume every conversation is monitored. Assume every email is read. Assume every text is preserved.

Talk only to your attorney. No one else.

Do Not Destroy Evidence

Destruction of evidence is a seperate federal crime: obstruction of justice. Even if you think certain documents or communications make you look guilty, do not delete emails, destroy documents, or wipe phones. That’s additional charges. Let your attorney handle evidence issues.

Do Not Contact Co-Defendants or Witnesses

Contacting co-defendants or witnesses can be charged as witness tampering or obstruction. Even innocent communications (“What’s going on? Have you heard anything?”) can be misinterpreted as attempts to coordinate stories or intimidate witnesses.

The Reality

Federal prosecution is the most serious legal crisis you’ll ever face. Its more serious then state charges. Its more serious then civil lawsuits. Its a system designed to produce convictions, with a 91% conviction rate and sentences measured in decades.

But its also a system with rules, procedures, and strategic opportunities. Decisions made in the next 72 hours—who you hire, whether you talk, whether you cooperate—determine whether you spend 5 years or 20 years in federal prison.

Knowledge is power. Understanding the Western District of Texas Austin Division—the judges, the prosecutors, the detention rates, the cooperation dynamics, the trial realities—gives you power to make informed decisions.

The Stakes

Your freedom. Your family. Your future. You’re life.

Everything you’ve built can be destroyed by federal prosecution. But with proper defense, early action, and strategic decision-making, outcomes can be better then you fear.

This is survivable. People navigate federal prosecution every day. Some get charges dismissed. Some win cooperation deals that dramatically reduce sentences. Some win at trial. Some serve their sentences and rebuild their lives.

Your outcome depends on decisions you make starting right now.

Act. Now.