Criminal Defense Lawyers

If your son or daughter has been arrested by Federal agents, or if you’re a student facing Federal charges yourself, you’re probably terrified. Your hands are shaking. You can’t think straight. You’re wondering: Can they still go to college? Will they lose their scholarship? What about their visa? Their future career?

This guide answers all of those questions and more. We’ll walk through exactly what happens when a college student faces Federal arrestfrom the first 48 hours through long-term consequencesand what you can do to protect their education and future.

Understanding Federal vs. State Arrest for Students

Not all arrests are created equal. When most college students get in trouble, they’re dealing with local or state police. A fake ID charge, underage drinking, even a bar fightthese typically involve State charges and State courts.

Federal arrest is different. And much more serious.

A Federal arrest means the United States government is prosecuting your case. This happens when the alleged crime violates Federal law, occurs on Federal property, or crosses state lines. The FBI, DEA, ATF, ICE, or other federal agencies make the arrestnot local police.

Common Federal Crimes Involving College Students

You might think federal charges only involve terrorists or major drug kingpins. But college students face Federal prosecution more often than you’d think:

• Cybercrimes and hacking – Unauthorized access to computer systems, especially if they cross state lines or involve federal agencies
• Interstate drug trafficking – Selling or transporting drugs across state lines, even small amounts mailed to friends at other schools
• Wire fraud and identity theft – Online scams, credit card fraud, or identity theft schemes that use interstate communications
• Child exploitation materials – Possession, distribution, or production of child sexual abuse images (often discovered on college networks)
• Terrorism-related charges – Threats, material support, or planning related to terrorism (even if just online discussions)
• Firearms violations – Bringing weapons onto federal property, including many college campuses that receive Federal funding
• Immigration violations – For international students, visa fraud or illegal work can trigger Federal immigration charges
• Federal student aid fraud – Lying on FAFSA applications or misusing federal student loan funds

Here’s what makes Federal charges so much worse than state charges. Federal prosecutors have more resources, Federal sentencing guidelines are typically harsher, Federal conviction rates are around 90% (compared to 68% for state courts), and there’s no parole in the Federal systemyou serve at least 85% of your sentence.

Also, Federal cases almost always get media attention. A State arrest for drug possession might stay private; a Federal arrest makes the news. And once it’s public, your university will know about it.

Important: Even if the crime occurred entirely on campus, it can still be Federal if the campus is federal property or if the university receives Federal funding and the crime involves those funds. Many students don’t realize that their college email system, internet connection, or even their dorm room can create Federal jurisdiction if the alleged crime involves technology crossing state lines.

The First 48 HoursWhat Happens Immediately After Arrest

The first two days after a federal arrest are absolutely critical, and they move fast. Here’s what actually happens, hour by hour:

Hour 0-2: The Arrest

Federal agents usually make arrests in one of three ways: at your dorm room or apartment, on campus, or during a traffic stop. Unlike in TV shows, they rarely show up with a huge team and weapons drawnunless they believe you’re dangerous.

More commonly, two or three agents knock on your door, show their credentials, and tell you you’re under arrest. They’ll read you your Miranda rights. They’ll handcuff you. And this is the most important part: they will try to question you immediately.

Do not answer any questions. Not one. Even if you’re innocent. Even if you think you can “explain everything.” Even if they say it will “go easier” if you cooperate.

Say exactly this: “I want to speak to a lawyer. I will not answer any questions without a lawyer present.”

Then stop talking. Don’t explain. Don’t justify. Don’t ask questions. Just repeat those two sentences if they keep pushing.

The agents will search your dorm room or apartment if they have a warrant. They’ll seize your phone, computer, and any evidence. If you have roommates they’ll question them too.

Hour 2-12: Processing and Detention

You’ll be taken to a Federal detention facilitynot a local jail. Federal facilities are often farther from campus and harder for family to reach.

Processing includes:

• Fingerprinting and photographing
• Medical screening
• Property confiscation (they take everything including shoelaces and jewelry)
• More attempts to question you (again: say NOTHING without a lawyer)

At this point, you’re allowed one phone call. Don’t call your parents yet. Call a criminal defense attorney who handles Federal cases. If you don’t know one, call a lawyer referral service and specifically ask for someone who practices in Federal court.

If you absolutely cannot reach an attorney, then call your parents. But your first priority is legal representation because what happens in the next 12-36 hours determines whether you stay in jail or get released before trial.

Hour 12-48: Initial Appearance and Bail Hearing

Within 48 hours of arrest (usually sooner), you’ll appear before a Federal magistrate judge for your “initial appearance.” This is NOT your trial. It’s a short hearing where three things happen:

1. You’re formally charged: The prosecutor reads the charges against you.

2. The judge determines if you’re eligible for a public defender: If your family can’t afford a private attorney, you might qualify for a Federal public defender. These are actually excellent lawyersmuch better than their State counterparts, generally.

3. The judge decides on pretrial release: This is the big one. Will you stay in jail until trial, or can you go free (with conditions)?

For college students, the pretrial release decision is complicated. On one hand, you’re usually not a “flight risk” because you have ties to the community (your university). On the other hand if you’re an international student, you’re considered a significant flight risk.

Federal judges can order several types of pretrial release:

• Personal recognizance (you just promise to come back to court)
• Unsecured bond (you don’t pay money upfront, but owe it if you don’t show up)
• Secured bond (your family puts up money or property)
• Third-party custody (released to a family member who supervises you)
• Electronic monitoring (ankle bracelet, home confinement)

Here’s something most students don’t know: Federal judges sometimes allow pretrial release to campus housing with monitoring. If you can demonstrate that staying enrolled is important for your defense (maintaining normalcy, character witnesses from professors, etc.), and if the university allows it, the judge might release you to campus housing with supervision. This is rare, but it happensespecially for first-time offenders facing non-violent charges.

Hour 24-72: University Notification

How does your university find out about your Federal arrest?

Usually within 24-48 hours, and usually in one of these ways:

• The FBI or other Federal agency notifies campus security (this is protocol for arrests that occurred on campus)
• Local media reports the arrest (Federal arrests almost always become public record quickly)
• Your roommates or friends tell someone, who tells someone, who tells a resident advisor or administrator
• You or your family notify the university (sometimes your lawyer will advise this)

Once the university knows, the Dean of Students (or equivalent administrator) will typically reach out to you or your family. This is where things get really tricky.

You’re now facing two completely separate proceedings: the Federal criminal case, and the university conduct process.

These run on parallel tracks. And here’s the trap that ruins students: anything you say in your university conduct hearing can be subpoenaed and used against you in Federal court. You might think you’re just explaining things to the Dean to save your enrollment, but you’re actually creating evidence for prosecutors.

The first 48-72 hours after arrestbefore the university conduct board officially convenesis when the Dean has the most discretion to help or hurt your situation. Some deans will work with students to allow continued enrollment pending the outcome of charges. Others immediately suspend students to protect the university’s reputation. It depends entirely on the school’s policies, the nature of charges, and the Dean’s personal judgment.

Your Academic Status: Can You Stay Enrolled?

The question every student and parent asks first: “Can an arrest get you kicked out of college?”

The answer is: it depends on your school’s policies, the charges you face, and the stage of the criminal proceeding. But yesmany colleges have the right to suspend or expel students based on arrest alone, even before conviction.

Understanding the Difference: Arrest vs. Charges vs. Conviction

These are three different things, and they matter for your academic status:

Arrest means you were detained by law enforcement. You haven’t been convicted of anything. You’re innocent until proven guilty. But universities don’t have to wait for a conviction to take action.

Charges mean the government has formally accused you of a crime. After your initial appearance, you’ll be arraigned (where you plead guilty or not guilty). Most students plead not guilty initially, then negotiate plea deals later.

Conviction means you were found guiltyeither because you pled guilty or were convicted at trial.

Here’s what most students don’t understand: Universities are not bound by “innocent until proven guilty.” Their conduct codes usually have much lower standards of evidence. They canand often dotake disciplinary action based on arrest alone if they believe you violated the student code of conduct.

Public Universities vs. Private Universities

Your rights differ dramatically depending on whether you attend a public or private institution:

Public universities are government entities, so they must provide you with some level of due process before expelling you. This usually means:

• Notice of the charges against you
• An opportunity to present your side
• An impartial decision-maker
• The right to appeal

Private universities have much more freedom. They’re not government actors, so constitutional due process doesn’t apply. They must follow their own written policies, but those policies often give administrators broad discretion to suspend or expel students “for conduct that threatens the university community” or similar vague language.

Elite private universities are particularly quick to distance themselves from students facing serious Federal charges. They’re protecting their reputation and worried about liability.

Interim Suspension

Many universities will impose an “interim suspension” as soon as they learn about serious criminal charges. This immediately bans you from campus, campus housing, and all university activities pending the outcome of a conduct hearing.

Interim suspensions are supposed to be temporary and used only when you pose an immediate threat to campus safety. But in practice, they’re often used preemptively for any serious charges, and they can last monthsessentially ending your semester or year.

If you’re placed on interim suspension, you need to appeal immediately. You likely won’t win the appeal, but the process creates a record that could be important later if you’re fighting for readmission or transferring.

Continuing Classes While Facing Charges

If your university hasn’t suspended you, you might be wondering: should I keep going to class?

This is a strategic decision you need to make with your criminal defense attorney.

Arguments for staying enrolled:

• Maintaining normalcy shows the judge you’re not a danger
• Professors can serve as character witnesses
• Academic records showing continued good performance can help at sentencing
• If you’re eventually found not guilty or charges are dropped, you haven’t lost a semester/year
• Staying busy and focused can help your mental health

Arguments for taking a leave of absence:

• Federal court dates and lawyer meetings will conflict with classes
• The stress makes it nearly impossible to perform academically
• Social isolation and reputation damage on campus can be unbearable
• If charges eventually become public (media coverage), leaving before that happens protects your privacy
• Some plea deals are easier to negotiate if you’re not currently enrolled (prosecutors sometimes require you to leave school as part of plea terms)

There’s no universal right answer. It depends on the charges, the university’s stance, your mental health, and your legal strategy.

One thing is certain though: if you’re facing Federal charges, your academic performance will suffer. Even if you stay enrolled, don’t be surprised if your grades drop significantly. Most students in this situation fail courses or withdraw from some classes mid-semester.

The Student Conduct Board Process

If your university moves forward with conduct charges, here’s typically what happens:

1. Notice of Charges: You receive written notice that you’re accused of violating the student code of conduct. This might reference the Federal charges but often uses different language (e.g., “engaging in illegal activity” or “conduct that threatens university community”).

2. Investigation: The university (usually the Dean of Students office or an equivalent) investigates. They might interview witnesses, review police reports or media coverage, and try to interview you.

Critical warning: Do NOT participate in the university investigation without consulting your criminal defense attorney. Again, anything you say can be subpoenaed for the Federal case. Many lawyers will advise you to invoke your Fifth Amendment rights and refuse to participate in the university proceeding until the criminal case resolves.

3. Conduct Hearing: You appear before a conduct board (usually a panel of administrators, faculty, and sometimes students). It feels like a trial but isn’t one. Rules of evidence don’t apply. You typically can’t have a lawyer represent you (though some schools allow an attorney to attend as an “advisor”).

4. Decision: The board decides if you violated the code of conduct using a “preponderance of evidence” standard (more likely than notonly 51% certainty needed). If you’re found responsible, they impose sanctions: warning, probation, suspension, or expulsion.

5. Appeal: Most schools allow one appeal, usually to a senior administrator like a Vice President or Provost.

Can You Transfer During Federal Criminal Proceedings?

Here’s a harsh reality: even if your current university doesn’t expel you, transferring to another school while facing Federal charges is nearly impossible.

Transfer applications require you to disclose pending criminal charges. They ask: “Have you ever been charged with a crime?” or “Are you currently subject to any criminal proceedings?”

If you answer yes (and you mustlying is grounds for immediate expulsion if discovered), the receiving school will almost certainly deny your application. No university wants to accept a student with pending Federal charges. The liability risk is too high, and the reputational risk isn’t worth it.

Even if charges are eventually dropped or you’re found not guilty, the fact that you were charged will appear in background checks. Some universities will still deny admission based on that history.

This is why preserving your relationship with your current universityif at all possibleis so important. You likely won’t be able to go anywhere else until the Federal case completely resolves.

Financial Aid and Scholarships: What You’ll Lose

A Federal arrest doesn’t just threaten your enrollment. It threatens your ability to pay for college. Here’s what happens to various types of financial aid:

Federal Student Aid (FAFSA, Pell Grants, Federal Loans)

This is complicated because the rules differ based on the type of conviction:

Drug Convictions: If you’re convicted of a drug offense (possession or sale) while receiving Federal student aid, your aid suspends immediately. The suspension period depends on the offense:

• First possession offense: 1 year ineligibility
• Second possession offense: 2 years ineligibility
• Third possession offense: Indefinite ineligibility
• First sale offense: 2 years ineligibility
• Second sale offense: Indefinite ineligibility

You can regain eligibility earlier by completing an approved drug rehabilitation program.

Sexual Offenses: If you’re subject to an involuntary civil commitment after completing a prison sentence for a sexual offense, you’re ineligible for Federal student aid.

Other Federal Crimes: Here’s the surprising partmost other Federal convictions don’t automatically suspend your Federal student aid. Fraud? Doesn’t matter. Assault? Doesn’t matter. Even terrorism-related charges don’t have specific FAFSA consequences.

However, there’s a major practical problem: you can’t receive Federal student aid while incarcerated. So if your Federal conviction results in prison time, your aid stops while you’re in prisoneven if the conviction wasn’t drug-related.

Important timing note: These suspensions trigger upon conviction, not arrest. So during the pendency of your Federal chargeswhich can take months or yearsyour Federal student aid can continue as long as you remain enrolled. This is why some defense attorneys advise clients to stay enrolled as long as possible, even if conviction seems likely eventually.

State Grant Programs

These vary by state, but most state aid programs have similar rules to Federal aid. Some states are strictersuspending aid for any felony conviction, not just drug offenses.

Private Scholarships

Private scholarships (from foundations, corporations, community organizations, etc.) each have their own rules. Many require you to maintain “good standing” with your university, which an arrest or suspension would violate. You’d lose the scholarship even if you’re never convicted.

Merit-based scholarships often require a minimum GPA. As mentioned earlier, your grades will almost certainly drop while dealing with Federal charges, potentially costing you merit scholarships even if they don’t have explicit conduct requirements.

Athletic Scholarships

NCAA rules allow universities to immediately revoke athletic scholarships if you’re charged with serious crimes. The university doesn’t have to wait for conviction. And unlike academic scholarships, athletic scholarships are renewed annuallythe school has no obligation to renew yours if you’re facing Federal charges.

If you’re a student-athlete and you’re arrested, your athletic career is likely over. Even if you eventually beat the charges, you’ll have missed practices, games, and training. You’ll have been replaced on the roster. And the negative publicity makes you radioactive to other programs if you try to transfer.

Institutional Aid and Tuition Discounts

Most universities provide their own institutional grants or tuition discounts to students. These are entirely at the school’s discretion, and they can revoke them at any time for violating the student code of conduct.

If you’re suspended or expelled, you lose institutional aid immediately. If you remain enrolled but are found responsible in a conduct hearing, the university can reduce or eliminate your institutional aid going forward.

What Happens to Aid You’ve Already Received?

If you’re arrested mid-semester after aid has already paid for that semester’s tuition, room, and board, do you have to pay it back?

Generally, noas long as the arrest happened after you received the aid. The timing matters. Federal regulations prevent retroactive revocation of aid for crimes committed after the aid was disbursed.

But if you’re suspended or expelled mid-semester, you typically don’t get a refund of tuition. The university keeps the money, even though you can’t finish your courses. You lose both the education and the money.

International Students: Visa and Immigration Consequences

If you’re an international student on an F-1 or J-1 visa, a Federal arrest creates an immediate immigration crisis on top of the criminal and academic consequences.

Here’s what happens, and it happens fast:

Immediate ICE Notification

When you’re arrested by Federal agents, Immigration and Customs Enforcement (ICE) is notified automaticallyusually within 24 hours. If you’re arrested by local police, they’re required to check your immigration status and notify ICE if you’re not a U.S. citizen.

ICE will place an immigration “detainer” on you. This means that even if the judge grants you bail in your criminal case, ICE can take you into immigration custody immediately upon your release from Federal detention.

Student Visa Revocation

The timeline for visa revocation is shockingly fast:

• Day 1-2: ICE receives notification of your arrest
• Day 2-5: The State Department reviews your visa status in light of the charges
• Day 5-14: Your visa is formally revoked (the exact timing depends on the severity of charges)

Terrorism-related charges, drug trafficking, or crimes of “moral turpitude” (fraud, theft, crimes involving dishonesty) result in immediate visa revocation. Less serious charges might not result in revocationbut any Federal criminal charge creates a presumption that you should lose your visa.

SEVIS Termination

Your university is required to report your arrest to the Student and Exchange Visitor Program (SEVP) within 21 days. But most schools report it much sooneroften within a few days.

Once reported, your SEVIS record (which tracks your student status) is typically terminated. This means:

• You’re no longer authorized to study in the U.S.
• You’re no longer authorized to work (including on-campus jobs and CPT/OPT)
• You’re accruing “unlawful presence” every day you remain in the U.S. after SEVIS termination

Unlawful presence creates long-term immigration consequences. If you accrue 180 days of unlawful presence, you trigger a 3-year bar on reentering the U.S. If you accrue a full year, you trigger a 10-year bar.

Deportation vs. Voluntary Departure

You have two ways you can leave the U.S.:

Voluntary Departure: You agree to leave on your own, pay for your own flight, and depart by a deadline (usually 60-120 days). This is better because it doesn’t create a formal “removal” order on your immigration record. You might be able to return to the U.S. in the future with a new visa (depending on the criminal case outcome).

Deportation (Removal): Immigration judges order you removed. ICE physically deports you. This creates a permanent removal order on your record, making it extremely difficult to ever return to the U.S., even as a tourist.

But here’s the impossible situation: if you leave the U.S. while facing Federal criminal charges, you’ll likely be convicted in absentia (tried without you present) or prosecutors will seek a warrant for your arrest. If you ever try to return to the U.S., you’ll be arrested at the airport.

So international students face an impossible choice:

• Stay in the U.S. and fight the charges (but accrue unlawful presence and risk mandatory detention by ICE)
• Leave the U.S. and avoid immigration consequences (but likely be convicted criminally, preventing any future return)

Pressure to Accept Bad Plea Deals

Federal prosecutors know international students are desperate to avoid deportation. They use this as leverage.

A prosecutor might offer a plea deal where you plead guilty to a lesser charge that technically doesn’t require deportation. You accept the deal, thinking it protects your immigration status. But then ICE exercises its discretion to deport you anyway because any criminal conviction makes you “removable.”

Or prosecutors offer you a deal: plead guilty, accept “time served” (the few days you were in detention), and agree to immediate voluntary departure. You avoid prison, but you have to leave the U.S. immediately and can likely never return.

International students facing Federal charges need two lawyers: a Federal criminal defense attorney and an immigration attorney. These lawyers need to coordinate strategy because every decision in the criminal case has immigration consequences.

Social and Personal Impact: The Hidden Costs

Beyond the legal and academic consequences, a Federal arrest devastates your social life and mental health in ways that are hard to quantify but impossible to ignore.

Media Attention and Public Exposure

Federal arrestsespecially of college studentsattract media coverage. Local news, college newspapers, social media… your name and mugshot can go viral within hours.

Google your name: your arrest will probably appear on the first page of results. Forever. Even if you’re eventually found not guilty, the arrest record stays online. News articles don’t get deleted. Mugshot websites extort you to remove photos.

Future employers, graduate schools, professional licensing boards, even potential romantic partners will Google you. And they’ll see the worst moment of your life.

Social Media Pile-On

The moment word spreads on campus, you’ll be discussed on Instagram stories, TikTok, Reddit, Yik Yak, or whatever platform students use. People who barely knew you will share opinions about you. Screenshots of your social media will circulate. People will dig through your old posts looking for anything controversial.

Some lawyers advise students to delete all social media immediately. Others say that looks guilty and makes things worse. There’s no good answer, but you need to assume everything you’ve ever posted online will be scrutinized.

Greek Life Consequences

If you’re in a fraternity or sorority, expect to be expelled from the organization almost immediately. National headquarters will require your chapter to drop you to protect the organization’s reputation.

Your former brothers or sisters will distance themselves publicly, even if they support you privately. They have toassociating with you puts the chapter at risk of losing its charter.

This is particularly devastating because Greek life often forms students’ entire social circle. Losing that community overnight, right when you need support most, is crushing.

Roommate and Housing Situations

If you live in campus housing, your roommate(s) might request a room change. The university will probably grant it.

If you live off-campus, your roommates might ask you to move out. Depending on your lease structure, they might be able to force it.

Either way, you’ll probably end up living alone or moving back home. This isolation compounds the mental health impact.

Mental Health Crisis

The stress of facing Federal charges, potential expulsion, social ostracism, and an uncertain future pushes many students into severe depression or anxiety. Suicide ideation is common, though rarely discussed openly.

Here’s a critical thing to know: campus counseling services have confidentiality limits when it comes to Federal investigations. If you tell a university counselor something that’s relevant to the criminal case, they can be subpoenaed to testify. Some counselors are mandatory reporters for certain types of crimes.

You need to see a private therapist, not a campus counselor. And you need to ask the therapist explicitly about confidentiality limits before you discuss anything related to your case.

If you’re having thoughts of suicide, call the National Suicide Prevention Lifeline: 988. You can also text “HELLO” to 741741 for the Crisis Text Line.

Family Relationships

Your parents are probably devastated. They might be angry at you, scared for you, confused about what to do. They’re facing judgment from their own friends and family.

If your family is paying for your college, they’re now facing potentially massive legal bills (Federal defense attorneys often charge $300-$500+ per hour, and cases can cost $50,000-$200,000 or more). This creates financial stress that strains relationships.

Siblings might face questions or bullying about your situation. Younger siblings might lose opportunities (some private schools reject applications from families with “troubled” older children).

The family dynamics shift. Everyone’s future plans change. It’s a trauma for the entire family, not just you.

Professor Relationships and Academic References

Here’s something that can actually help: professors who know you well can serve as valuable character witnesses.

If you had strong relationships with faculty before your arrestyou attended office hours, participated in class, did research with themthose professors can testify about your character, academic abilities, and whether they’ve observed any changes in your behavior that might be relevant to your defense.

For certain defenses (particularly mental health or competency defenses), professor testimony about academic performance changes, attendance patterns, or behavioral shifts can be critical.

But you need to maintain those relationships. If you’re staying enrolled, continue going to your professors’ office hours. Keep them updated on your situation (with your attorney’s approval). You need faculty who will vouch for you, and that requires continued positive relationships despite everything happening.

Legal Defense Considerations for Students

Let’s address the second “People Also Ask” question: Can the FBI make arrests?

Yes. The FBI, along with other Federal agencies (DEA, ATF, ICE, Secret Service, etc.), has full arrest authority for Federal crimes. They can arrest you anywhere in the United States. They can execute search warrants. They can seize evidence. They have the same powers local police have, plus additional Federal authority.

Now that we’ve established Federal agents can arrest you, let’s talk about how to defend against Federal charges.

Why You Need a Federal Criminal Defense Attorney (Not Just Any Criminal Lawyer)

This is not the time to hire your family’s general practice lawyer or the attorney who handled your DUI in state court. Federal criminal defense is a specialized area of law. You need an attorney who:

• Regularly practices in Federal court (not just “admitted” to Federal courtactually practices there frequently)
• Knows the Federal prosecutors in your district
• Understands Federal sentencing guidelines
• Has relationships with Federal judges
• Has experience with pretrial services and supervised release conditions

The rules are different in Federal court: discovery rules differ from state court, bail procedures are more restrictive, sentencing guidelines are extremely complex, and plea bargaining dynamics are different.

An experienced state criminal defense attorney will be out of their depth. You need someone who knows the Federal system.

Public Defenders vs. Private Attorneys

If your family cannot afford a private attorney, you may qualify for a Federal Public Defender. The financial threshold is actually pretty generousmany middle-class families qualify.

Here’s some good news: Federal Public Defenders are generally excellent attorneys. They’re not like overwhelmed state public defenders handling 200 cases. Federal Public Defenders typically have manageable caseloads and significant resources. Many are former prosecutors or have decades of experience.

The main disadvantage of a Federal Public Defender is time. Private attorneys can spend more hours on your case because they’re billing for their time. Public Defenders, despite being skilled, have limited time to devote to each case.

For complex Federal cases, or cases that will require extensive expert witnesses, private counsel often has an advantage. But for straightforward cases, a Federal Public Defender can provide excellent representation.

Student Legal Services Limitations

Many universities offer “Student Legal Services”free or low-cost attorneys available to students for legal issues.

Do NOT rely on Student Legal Services for Federal criminal charges. These offices typically handle landlord disputes, consumer issues, traffic tickets, and minor state charges. They’re not equipped for Federal criminal defense.

Also, Student Legal Services works for the university, not for you. There are potential conflicts of interest if your case creates liability for the school.

Use Student Legal Services only for non-criminal matters or for advice on university conduct proceedings (and even then, consult a private attorney as well).

Cost Considerations

Federal criminal defense is expensive. Realistically, you should expect:

• $15,000-$50,000 for a plea deal (negotiation, limited court appearances)
• $50,000-$150,000+ for trial preparation and a short trial (several days)
• $150,000-$500,000+ for complex cases or lengthy trials

Many attorneys require a substantial retainer upfront ($25,000-$50,000 is common).

Some attorneys will work out payment plans. Some will let you pay in stages (retainer for pretrial work, additional payment if case goes to trial).

This is where the family financial stress really hits. Many families have to take out home equity loans, borrow from retirement accounts, or ask extended family for help.

Plea Bargains vs. Going to Trial

About 90% of Federal criminal cases end in guilty pleas, not trials. This isn’t because everyone is guiltyit’s because Federal prosecutors only bring charges they’re confident they can prove, and the penalties for losing at trial are severe.

Federal judges can impose harsher sentences if you’re convicted at trial vs. taking a plea deal. This is called the “trial penalty,” and while judges claim it doesn’t exist, the sentencing data shows it clearly does.

For students, plea bargaining has unique considerations:

Timing: Can you negotiate a plea deal that allows you to finish your semester before sentencing? Some prosecutors will agree to sentencing dates after finals.

Type of Conviction: Can you plead to a charge that doesn’t trigger automatic financial aid suspension? For example, pleading to a non-drug Federal offense instead of a drug offense preserves FAFSA eligibility.

Sentence Structure: Can you negotiate for weekends-only incarceration, allowing you to attend classes during the week? This is rare but sometimes possible for short sentences.

Deferred Prosecution: For first-time offenders with less serious charges, you might qualify for a deferred prosecution agreement. You admit to the conduct, complete probation and other requirements, and if you successfully complete everything, charges are dismissed. No conviction on your record.

Trial Timing and Academic Calendar

Federal trials are scheduled based on court availability and the Speedy Trial Act (which requires trial within 70 days of indictment or arraignment, though there are many exceptions that extend this).

Federal courts don’t care about your exam schedule. Your trial might be scheduled during finals week. You’ll have to miss it.

This is another reason some students take leaves of absenceit’s impossible to balance trial preparation and college coursework.

Long-Term Consequences and Path Forward

Let’s assume the worst: you’re convicted of a Federal crime. What happens to your education and career long-term?

Completing Your Degree After Conviction

If you’re sentenced to prison, you obviously can’t complete your degree while incarcerated. Federal facilities do offer some educational programs, but they’re limitedbasic GED programs, maybe some vocational training. You’re not earning college credits toward your bachelor’s degree.

If you’re sentenced to probation (no prison time) or supervised release, you might be able to return to college. But you’ll face obstacles:

• Your university may have expelled you already
• Federal student aid may be suspended (if it was a drug conviction)
• Probation conditions might include restrictions on computer/internet use (devastating for modern college work)
• You’ll need your probation officer’s permission to leave the district (difficult if your college is in a different state)
• Campus housing might not accept you

Some students finish their degrees online or at community colleges. It’s not the path they planned, but it’s possible.

Graduate School Applications

Graduate school applications almost universally ask: “Have you ever been convicted of a crime?” Some ask specifically about felonies; others ask about any crime except minor traffic violations.

You must answer honestly. But you can usually provide an explanation. A strong explanation includes:

• Taking responsibility (if appropriatedon’t admit guilt if you’re maintaining innocence)
• Explaining what you’ve learned
• Demonstrating rehabilitation
• Showing how you’ve moved forward positively

Some graduate programsparticularly in law, medicine, education, or other licensed professionswill automatically reject applicants with certain criminal records. Others evaluate applications holistically.

Your chances improve significantly if you’ve completed your sentence, stayed out of trouble for several years, and achieved positive things since the conviction.

Professional Licensing

If you’re planning a career that requires professional licensing (lawyer, doctor, nurse, teacher, accountant, engineer, etc.), a Federal conviction creates major problems.

Licensing boards conduct criminal background checks. They have broad discretion to deny licenses based on criminal history.

Some convictions create automatic bars. For example, any felony conviction makes it nearly impossible to become a lawyer. Drug convictions can prevent you from becoming a pharmacist or nurse. Crimes of dishonesty (fraud, theft) can prevent you from becoming an accountant.

Other professions evaluate each case individually. You might still get licensed, but you’ll face additional scrutiny, required hearings, and possibly conditions on your license.

The time to think about this is during your criminal case, not after. If you’re planning a career that requires licensing, tell your attorney. They can sometimes negotiate plea deals to charges that create fewer licensing problems.

Employment Background Checks

Federal convictions appear on FBI background checks, which many employers use. Private background check companies also find Federal convictions easilythey’re public records in Federal court databases.

Most job applications ask: “Have you ever been convicted of a felony?” or “Have you ever been convicted of a crime?” The exact wording matters.

Some states have “ban the box” laws that prevent employers from asking about criminal history on initial applications. But they can still run background checks later in the hiring process.

If you answer “yes” to the criminal history question, many employers will automatically reject you. Applicant tracking systems filter you out before a human ever sees your resume.

Your best chance is applying to employers who evaluate criminal history case-by-case, or working for small companies that don’t run formal background checks.

Expungement and Record Sealing

Can you get a Federal conviction expunged or sealed?

Generally, no. Federal law doesn’t have an expungement process for adult convictions. There’s no federal equivalent of “sealing” your record.

A few limited exceptions exist:

• Juvenile records: If you were under 18 when charged in Federal court (rare), you might be able to seal your juvenile record.
• Pardons: The President can pardon Federal offenses. This doesn’t erase the conviction, but it restores some rights. Presidential pardons are extremely rare and usually only granted many years after conviction to people who’ve demonstrated extraordinary rehabilitation.
• Vacated convictions: If you successfully appeal your conviction and it’s vacated (overturned), the conviction comes off your record. But this is different from expungementit means the conviction was legally invalid, not that you’re being given a second chance.

Some lawyers advertise “Federal expungement” services. Be very skeptical. What they’re often doing is getting old arrest records removed from certain databases, but they cannot expunge actual convictions.

Second Chances and Moving Forward

A Federal conviction doesn’t mean your life is over. Many people rebuild successful lives and careers after Federal convictions.

It will be harder than it would have been otherwise. You’ll face obstacles others don’t. Doors will close. But other doors remain open if you’re persistent.

Things that help:

• Time: The more years since your conviction, the less it matters to employers and schools.
• Education: Finishing your degree (even if it takes longer) or earning additional credentials shows you’re moving forward.
• Employment history: A steady work record post-conviction demonstrates reliability.
• Community involvement: Volunteering, mentoring, or other community service shows rehabilitation.
• References: Strong references from employers, professors, or community leaders who know about your past but vouch for your character.

Many people find that entrepreneurship or freelancing offers more flexibility than traditional employment because you don’t have to pass someone else’s background check. You can build your own business and prove yourself through your work.

What Parents Should Do Right Now

If your son or daughter has just been arrested by Federal agents, you’re probably reading this in a state of panic. Here’s exactly what you should do, in order of priority:

1. DO NOT Contact the Federal Agents or Prosecutors

You might think you can “explain” things or help your child by talking to the agents. You cannot. You will only make things worse.

Federal agents are trained interrogators. They will appear sympathetic and understanding. They will say they “just want to hear your side” or “clear this up.” They will imply things will go better if you cooperate.

This is a trap. Anything you say can and will be used against your child. You cannot talk them out of charges.

If agents contact you, say: “I need to speak with my child’s attorney before I answer any questions.” Then call the attorney immediately.

2. Hire a Federal Criminal Defense Attorney ImmediatelyLike, Today

Not tomorrow. Not next week. Today.

The first 48-72 hours are critical for the bail hearing and initial strategy. You need an attorney involved from the very beginning.

How to find one:

• National Association of Criminal Defense Lawyers (NACDL) – has a lawyer directory searchable by Federal district
• Your state bar association’s lawyer referral service (ask specifically for Federal criminal defense)
• Ask local attorneys you know for referrals to Federal specialists
• Look at recent Federal criminal cases in your district and see which attorneys represented defendants

You’ll probably need to pay a substantial retainer immediately. This might require:

• Liquidating savings
• Taking a home equity loan
• Borrowing from family
• Using retirement accounts (though this has penalties)

Yes, it’s expensive. But the cost of inadequate representation is much higher.

3. Document Everything

Start a detailed timeline of everything you know:

• When did the arrest happen?
• Who arrested your child? Which agency?
• What were they told about the charges?
• Where is your child being held?
• When is the initial appearance?
• Who has contacted you? (agents, media, university, etc.)
• What evidence do they claim to have?

Save every document: arrest warrant, charging documents, bond paperwork, university notices, everything.

Create a folder (physical and digital) with all materials related to the case. Your attorney will need this.

4. Contact the University Strategically

Should you contact your child’s university, or wait for them to contact you?

This is a strategic decision you should make with your attorney. Sometimes proactive contact helpsyou can explain your child’s side before the university makes hasty decisions. Other times, it alerts the university to something they might not have known yet, triggering the conduct process sooner.

If/when you do communicate with the university:

• Be factual, not emotional
• Don’t admit guilt or discuss details of the case
• Ask about your child’s rights and the conduct process timeline
• Request that your child be allowed to continue classes if possible
• Ask about academic accommodations (incomplete grades, medical withdrawal, etc.)

5. Preserve Evidence That Might Help Your Child

Are there text messages, emails, or other communications that show your child’s innocent or provide context? Save them immediately.

Screenshots of social media. Receipts or records showing your child was somewhere else. Communications with other people involved.

Don’t delete anything, even if it seems embarrassing. Give everything to the attorney and let them decide what’s relevant.

6. Secure Mental Health Support

Your child is experiencing a trauma. So are you. Both of you need mental health support.

Find a private therapist who understands confidentiality limits and can provide support without creating evidence for the prosecution.

If your child expresses thoughts of suicide or self-harm, take it seriously. Federal detention facilities have high suicide rates, particularly for young people who’ve never been in custody before.

7. Manage Communication With Friends and Family

Decide what you’ll tell people. You don’t owe anyone an explanation, but you might want to share basic information with close family.

Some guidelines:

• Don’t discuss details of the case on social media (assume prosecutors will see it)
• Don’t trash-talk the prosecutors or agents (this can be used against your child)
• Be careful who you confide innot all family or friends will be supportive
• Protect younger siblings from media attention if possible

8. Prepare Financially for a Long Process

Federal criminal cases take months or years. From arrest to final disposition, expect:

• 6-18 months for a plea deal
• 1-3 years if going to trial
• Longer for complex cases or appeals

During this time, you’ll face:

• Ongoing attorney fees
• Court costs and fees
• Travel expenses (if your child’s case is in a different city)
• Potential tuition costs even if your child can’t attend (if they’re suspended but not expelled)
• Therapy costs
• Potential lost income (if you’re missing work to attend court dates)

Create a budget and financial plan with this long timeline in mind.

9. Take Care of Your Own Health

You’re probably not eating or sleeping. You feel sick. You can’t concentrate.

This is normal, but it’s not sustainable. You need to function to help your child.

Basic self-care:

• Force yourself to eat at least one full meal a day
• Try to maintain a sleep schedule (ask your doctor about short-term sleep aids if needed)
• Continue going to work if possible (the distraction helps, and you need the income)
• Talk to friends or a therapist (not about case details, just for emotional support)
• Don’t numb yourself with alcohol or drugs

10. Maintain Hope While Being Realistic

Your child’s life isn’t over. Many people have faced Federal charges and moved on to successful lives.

But also be realistic: Federal prosecutors win most of their cases. A conviction is more likely than acquittal, especially if the evidence is strong. Start mentally preparing for different outcomes.

Hope for the best. Prepare for the worst. Take one day at a time.

Conclusion

A Federal arrest while in college is one of the most devastating experiences a student and family can face. The criminal charges are serious enough on their own, but the cascade of academic, financial, immigration, and social consequences can feel overwhelming.

But there are paths forward. With the right legal representation, strategic decision-making, and support, many students navigate these crises and eventually rebuild their lives.

The most important things to remember:

• Act immediately: The first 48-72 hours are critical. Hire a Federal criminal defense attorney today.
• Say nothing without a lawyer: Don’t talk to agents, prosecutors, university officials, or anyone else about the case without your attorney’s approval.
• Understand the parallel proceedings: The criminal case and university conduct process are separate. Statements in one can affect the other.
• Protect financial aid strategically: If possible, time plea deals or enrollment decisions to minimize aid loss.
• International students need immigration lawyers too: Don’t just focus on the criminal casethe visa consequences can be just as life-altering.
• Mental health matters: Get private therapy support. This is traumatic.
• There are paths forward: A Federal arrest doesn’t have to end your education or destroy your future, though it will make things much harder.

If you’re a student or parent dealing with this nightmare right now, know that you’re not alone. Thousands of families have faced similar situations. Many have come through it. You can too.

The most important next step: call a Federal criminal defense attorney in your district today. Not tomorrow. Today. Everything else flows from having proper legal representation.