Criminal Defense Lawyers

Delaware Federal Crime Defense: Small State, Serious Federal Charges

The knock comes at 6:00 AM. FBI agents at your door in Wilmington, badges out, asking if you’ll “answer a few questions.” Or maybe its a certified letter—a target letter from the U.S. Attorney’s Office saying your under investigation for federal crimes. Your heart drops. Your hands shake. This ain’t a traffic ticket. This is federal prison on the line.

Delaware might be the second-smallest state in America, but don’t let that fool you. The U.S. District Court for Delaware in Wilmington handles one of the highest per-capita federal criminal caseloads in the entire country. Why? Because Delaware is the corporate capital of America—more then 60% of Fortune 500 companies are incorporated here. And were federal prosecutors see corporations, they see fraud. Bankruptcy schemes. Tax evasion. Money laundering. Securities violations. White-collar crime prosecutions in Delaware are relentless.

But it’s not just corporate defendants. Delaware sits on the I-95 drug corridor between Philadelphia and Baltimore. Federal drug trafficking cases are everywhere. Firearms charges. Immigration offenses. The moment you cross state lines or involve a federal agency, your case becomes federal. And federal charges are a completely different beast then state charges.

The stakes couldn’t be higher. Federal sentencing guidelines are brutal. Theres no parole in federal prison—you serve atleast 85% of your sentance. Mandatory minimums can lock you into 5, 10, even 20 years before a judge even looks at you’re case. And the U.S. Attorney’s Office in Delaware has a conviction rate over 90%. They don’t bring cases they can’t win.

So if your facing federal charges in Delaware—or if you think you might be under investigation—the decisions you make in the next 72 hours will determine whether you spend the next decade of your life in prison or whether you walk away with your freedom. Let’s talk about what you need to know.

Why Delaware Federal Court Is Different From Everywhere Else

Look, here’s the deal. Delaware only has one federal courthouse. One. The J. Caleb Boggs Federal Building at 844 King Street in Wilmington. Every single federal criminal case in the entire state gets heard their. That means the judges, the prosecutors, and the defense attorneys all know each other. Its a small, tight community. And that matters more then you might think.

The federal prosecutors in Delaware aren’t generalists. The U.S. Attorney’s Office has what people call a “white-collar unit”—attorneys who used to work at the SEC, the Delaware Department of Justice Corporate Fraud Unit, or big law firms representing Delaware corporations. They know corporate law. They understand bankruptcy fraud, securities violations, and financial crimes in ways that prosecutors in other districts don’t. When your case involves a Delaware LLC, a bankruptcy filing, or corporate embezzlement, these prosecutors have seen it before. They know the schemes. They know the defenses. And they know how to win.

Delaware federal judges are equally sophisticated. Many of them served on the Delaware Court of Chancery—the nations premier business court—before thier appointment to the federal bench. They’ve spent careers adjudicating corporate disputes, analysing financial transactions, reviewing complex business records. When you walk into a Delaware federal courtroom, your not facing a generalist judge who handles DUIs and drug cases. Your facing someone who understands corporate finance, fraud theories, and federal sentencing calculations at an expert level.

And then there’s the Corporate Transparency Act enforcement. In 2024, the CTA took full affect, requiring all Delaware LLCs to file beneficial ownership reports with FinCEN. Thousands of businesses failed to comply. Now, in 2025, federal prosecutors are using CTA violations as the entry point for money laundering and fraud investigations. If you formed a Delaware LLC and didn’t file the required reports, your potentially a target—even if the underlying business was legit.

But Delaware federal prosecutions aren’t just white-collar cases. Because Delaware sits right on I-95, drug trafficking cases dominate the docket. Federal prosecutors charge drug conspiracy under 21 U.S.C. § 846, and they stack firearm enhancements under 18 U.S.C. § 924(c). In 2023, the U.S. Sentencing Commission increased base offense levels for fentanyl offenses, adding 5-10 years to sentances. If your charged with drug trafficking in Delaware federal court, assume it involves fentanyl—even if you thought it was heroin or cocaine. The penalties are now catastrophic.

Here’s what you need to understand: federal charges in Delaware are not like state charges. The judges are smarter. The prosecutors are more experienced. The sentencing guidelines are unforgiving. And the conviction rate is over 93%. This is not the time for a general criminal defense attorney. This is the time for someone whose tried federal cases in Delaware federal court and knows the prosecutors, the judges, and the local rules.

What Happens When Your Under Federal Investigation in Delaware

Most people don’t know their under investigation until its to late. Federal agents—FBI, DEA, IRS Criminal Investigation, Homeland Security Investigations—spend months building cases. They subpoena your bank records, your phone records, your emails. They interview you’re employees, your business partners, your family. They present evidence to a grand jury that meets every week in the Wilmington federal courthouse. And you don’t know any of this is happening.

Then comes the target letter. Its a formal notice from the U.S. Attorney’s Office saying your the target of a federal criminal investigation. The letter might invite you to come in for an “interview” or to provide documents. This is not a friendly request. This is prosecutors giving you one chance to cooperate before they indict you.

Or maybe you don’t get a target letter at all. Maybe FBI agents just show up at your house or your office and say they want to ask “a few questions.” They’ll tell you your not under arrest. They’ll say its just routine. They might even say your a witness, not a suspect.

Do not believe them.

Here’s the trap: 18 U.S.C. § 1001 makes it a federal crime to make false statements to federal agents. It doesn’t matter if your under oath. It doesn’t matter if the statement is in writing. If you lie to an FBI agent—even unintentionally—you can be charged with a seperate felony carrying up to five years in prison. And prosecutors use § 1001 charges constantly. Martha Stewart went to prison for lying to the FBI, not for insider trading. General Michael Flynn was charged under § 1001. This statute is a prosecutors best friend.

So what should you do if federal agents contact you? Invoke your Fifth Amendment right to remain silent. You do not have to answer questions. You do not have to “clear things up.” You do not have to prove your innocence. The Fifth Amendment protects everyone—even witnesses. Tell the agents, “I’m invoking my Fifth Amendment right to remain silent, and I want to speak with an attorney.” Then stop talking.

Wait, actually let me back up. Sometimes cooperation before indictment can prevent charges entirely. This is were proffer agreements come in. A proffer (sometimes called a “queen for a day” agreement) lets you meet with prosecutors and tell your side of the story without those statements being used against you in court. If prosecutors believe you’re cooperation is valuable—if you can provide evidence against bigger targets—they might decline to indict you. But proffer agreements are risky. If you lie during a proffer, prosecutors can use your statements against you. And if you reveal incriminating information, they can use it to guide thier investigation (even if they can’t use your exact words).

The bottom line: never, ever talk to federal agents without an attorney. Even if you think your innocent. Even if you think cooperation will help. Federal investigations are not conversations. Their traps.

If prosecutors decide to indict, the grand jury votes in secret. You won’t be their. Your attorney won’t be their. Only the prosecutors present evidence, and grand juries almost always return an indictment (the saying is “a grand jury would indict a ham sandwich”). The indictment is then sealed, meaning its filed with the court but kept confidential. You won’t know it exists until your arrested.

Once your arrested, the U.S. Marshals bring you to the Wilmington federal courthouse for an initial appearance before a magistrate judge. This happens within 24 hours of arrest. The magistrate reads the charges, informs you of you’re rights, and schedules a detention hearing—the proceeding were the court decides if you get bail or if your held in custody until trial.

And here’s were things get real. Federal bail is way harder to get then state bail.

We’ll talk about that next.

Federal Sentencing Guidelines in Delaware—How Your Prison Time Is Calculated

If theres one thing you need to understand about federal criminal defense, its this: federal sentencing is mechanical. Its not like state court were a judge has broad discretion to sentence you to probation or a year in jail. Federal sentencing is governed by the U.S. Sentencing Guidelines (USSG), a complex points-based system that calculates your sentance based on the crime, the loss amount, your criminal history, and various “enhancements.”

Here’s how it works. Every federal crime has a base offense level. For example:

• Wire fraud (18 U.S.C. § 1343): Base offense level 7
• Drug trafficking (21 U.S.C. § 841): Base offense level depends on drug type and quantity (ranging from 12 to 38)
• Tax evasion (26 U.S.C. § 7201): Base offense level 14

Then prosecutors add enhancements—adjustments that increase your offense level based on specific factors. For fraud cases, the biggest enhancement is loss amount. The more money involved, the higher your sentance. The loss table in USSG § 2B1.1 works like this:

• Loss less then $6,500: +0 levels
• Loss between $6,500-$15,000: +2 levels
• Loss between $15,000-$40,000: +4 levels
• Loss between $250,000-$550,000: +14 levels
• Loss between $3.5 million-$9.5 million: +20 levels
• Loss over $550 million: +30 levels

Other enhancements include:

• Sophisticated means (+2 levels): Using complex financial transactions, shell companies, or encrypted communications
• Leadership role (+4 levels): Organizing or leading a criminal enterprise
• Abuse of trust (+2 levels): Violating a fiduciary duty (common in embezzlement cases)
• Vulnerable victims (+2 levels): Targeting elderly or unsophisticated investors

Once you calculate the total offense level, you cross-reference it with your criminal history category (I through VI). If you have no prior convictions, your a Category I. Each prior conviction adds points, moving you up the scale. The intersection of offense level and criminal history gives you a sentancing range in months.

Let me give you an example. Lets say your charged with wire fraud involving a $500,000 PPP loan scam:

• Base offense level: 7
• Loss enhancement ($250K-$550K): +14 levels
• Sophisticated means (you used fake tax documents and a shell company): +2 levels
• Total offense level: 23
• Criminal history: Category I (no priors)
• Sentencing range: 46-57 months (approximately 4-5 years)

But wait—it gets worse. Federal judges in Delaware follow the guidelines about 80% of the time. If they depart from the guidelines, the Third Circuit Court of Appeals can reverse the sentance. So even if you think the judge seems sympathetic, their hands are often tied.

And then their are mandatory minimums. For certain crimes—drug trafficking, firearms offenses, child pornography—Congress has imposed minimum sentences that override the guidelines. For example:

• Trafficking 500 grams of cocaine: 5-year mandatory minimum
• Trafficking 5 kilograms of cocaine: 10-year mandatory minimum
• Using a firearm during a drug crime (18 U.S.C. § 924(c)): 5-year mandatory minimum, consecutive to any other sentence

If fentanyl is involved and someone dies, the mandatory minimum jumps to 20 years under 21 U.S.C. § 841(b)(1)(C). Prosecutors in Delaware use this enhancement constantly, arguing that drug traffickers should have known fentanyl was lethal.

Their is one major exception: cooperation. If you cooperate with prosecutors and provide “substantial assistance” in investigating or prosecuting others, the government can file a 5K1.1 motion asking the judge to depart below the guidelines. This is the single most powerful sentencing tool in federal court. Defendants who cooperate can see thier sentences cut by 30%, 50%, even 70%.

But here’s the thing: cooperation is a race. The first defendant to cooperate gets the best deal. The second defendant gets less. By the time the third or fourth defendant comes in, prosecutors don’t need them anymore. If your in a multi-defendant conspiracy and you think your co-defendants might be cooperating, you need to move fast. Because once they’ve given statements, your leverage is gone.

For first-time, non-violent drug offenders, their’s also the safety valve under 18 U.S.C. § 3553(f). If you meet five criteria (no prior criminal history, no violence, no leadership role, truthful cooperation with prosecutors, and minimal involvement), you can avoid mandatory minimums. But prosecutors in Delaware apply the safety valve narrowly. If you had any involvement in planning or organizing the offense, they’ll argue you don’t qualify.

Bottom line: federal sentencing is not guesswork. Its a calculation. And the earlier you understand that calculation, the better you can negotiate a plea deal or prepare for trial.

Can You Get Bail in Delaware Federal Court?

This is the question that keeps defendants up at night: “Will I have to sit in jail until trial?” The answer depends on several factors, but lets be real—federal bail is way harder to get then state bail.

Under the Bail Reform Act of 1984 (18 U.S.C. § 3142), federal courts use a two-part test: (1) Are you a flight risk? (2) Are you a danger to the community? If the answer to either question is yes, your detained until trial. And for certain offenses—drug trafficking, firearms crimes, violent felonies—there’s a rebuttable presumption of detention, meaning the law assumes you should be held unless you can prove otherwise.

The detention hearing happens within a few days of your initial appearance. A magistrate judge considers:

• The nature of the offense (white-collar fraud = better chance of bail; drug trafficking = likely detention)
• The evidence against you (strong case = higher flight risk)
• Your criminal history (priors = detention)
• Your ties to the community (Do you have family in Delaware? A job? A house?)
• Your financial resources (Can you afford to flee?)

If the magistrate judge grants bail, it won’t be a simple “post $10,000 and go home” situation like state court. Federal bail comes with strict conditions:

• GPS monitoring: You’ll wear an ankle bracelet that tracks you’re location 24/7
• Home detention: You can only leave for court appearances, medical appointments, or (maybe) work
• Third-party custodian: A family member signs an agreement taking responsibility for you
• Surrender of passport and firearms: No exceptions
• No contact with co-defendants or witnesses: Violation means immediate revocation

I mean, seriously, federal bail is more like house arrest then freedom. And if you violate any condition—even accidentally—prosecutors will file a motion to revoke, and you’ll be locked up for the rest of the case.

If your detained, were do you go? Most Delaware federal defendants are held at the Philadelphia Federal Detention Center (FDC), about 30 miles from Wilmington. Some defendants are held at James T. Vaughn Correctional Center in Smyrna, Delaware—a state prison that has federal contract beds. The U.S. Marshals transport you to and from the Wilmington courthouse for court appearances.

Pretrial detention is brutal. Your separated from your family. You can’t work. You can’t assist in your own defense the way you could if you were free. And studies show that detained defendants are more likely to plead guilty and receive longer sentences then defendants who make bail.

So if your attorney can make a strong case for bail—emphasizing you’re community ties, your lack of criminal history, your cooperation with authorities—fight for it. Because once your detained, everything gets harder.

Should You Take a Plea Deal or Go to Trial in Delaware Federal Court?

This is the biggest decision you’ll face. And the numbers are sobering: 93% of defendants in Delaware federal court are convicted. Of those, about 90% plead guilty—they never go to trial. Only 10% fight the charges. And of those who go to trial, roughly 85% are convicted.

So why do so many people plead guilty? Because the trial penalty is crushing. The “trial penalty” is the difference between the sentence you’d get if you plead guilty versus the sentence you’d get if you go to trial and lose. In federal court, that difference averages 5-10 years. Sometimes more.

Here’s how it works. If you plead guilty, you recieve a 2-3 level reduction for “acceptance of responsibility” under USSG § 3E1.1. That reduction can knock 6-12 months off your sentance. You also avoid the risk of additional enhancements that prosecutors might pursue at trial (like obstruction of justice if they think you lied on the stand). And if you cooperate, you might get a 5K1.1 substantial assistance departure cutting your sentence even further.

But if you go to trial and lose, you get none of that. No acceptance of responsibility. No cooperation credit. And prosecutors often seek higher sentences for defendants who “put the government through a trial.” Judges deny this happens, but defense attorneys see it constantly.

So when should you fight? When should you take a plea?

When to Go to Trial

• You have a strong suppression motion: If the evidence against you was obtained through an illegal search or seizure, you can file a motion to suppress under the Fourth Amendment. If the motion succeeds, the case might fall apart. Delaware federal judges take Fourth Amendment violations seriously.
• The government must prove intent or willfulness: Many federal crimes require prosecutors to prove you acted with specific intent or willfulness (knowing you were breaking the law). If you made an honest mistake or relied on bad legal advice, you might have a defense.
• The government’s key witness is unreliable: If the case depends on testimony from a cooperating co-defendant who has a motive to lie (like getting thier own sentence reduced), a jury might not believe them.
• The sentencing exposure is similar: If the plea offer is 8 years and the trial risk is 10 years, it might be worth fighting. The 2-year difference is manageable compared to the chance of acquittal.

When to Plead Guilty

• The evidence is overwhelming: Recorded phone calls, emails, bank records, cooperating witnesses—if the government has all of this, your chances at trial are close to zero.
• Multiple co-defendants have already cooperated: Once your co-defendants give statements to prosecutors, those statements are locked in. They’ll testify against you at trial. Your only leverage is gone.
• The trial penalty is massive: If the plea offer is 5 years but the trial risk is 25 years, pleading is the smart move. A 20-year gap is to large to gamble on.
• You can cooperate: If prosecutors offer a cooperation agreement, you can provide substantial assistance and potentially cut your sentence by 50% or more.

Plea negotiations in federal court are sophisticated. Prosecutors might offer a plea to a “C” count—a lesser included offense carrying a lower maximum sentence. They might agree to a stipulated sentencing range, were both sides agree on the guideline calculation (eliminating disputes at sentencing). Or they might offer a cooperation agreement, were you proffer information first, then plead guilty, then testify at trial, and finally receive a 5K1.1 motion at sentencing.

The key is understanding your sentencing exposure. If your attorney can’t calculate your guidelines range, they can’t evaluate the plea offer. And if you don’t understand the trial penalty, you can’t make an informed decision.

Why Delaware Federal Court Experience Matters More Then You Think

Delaware’s federal courthouse in Wilmington is small. The judges see the same prosecutors and defense attorneys every day. This isn’t like a big city federal court were cases are anonymous. In Wilmington, relationships matter.

Prosecutors at the U.S. Attorney’s Office know which defense attorneys are competent and which ones waste everyone’s time. They know which attorneys have tried cases and which ones always plead out. They know which attorneys understand sentencing guidelines and which ones don’t. When your attorney has a good reputation with prosecutors, negotiations go smoother. Prosecutors are more willing to consider pretrial diversion, reduced charges, or cooperation agreements.

Delaware federal judges also have preferences. Many of them served on the Delaware Court of Chancery before thier federal appointment, so they bring corporate law expertise to the bench. They expect attorneys to be prepared, to know the case law, and to make concise arguments. If your attorney files a rambling 50-page motion that could’ve been 10 pages, the judge will lose patience. If your attorney doesn’t know Third Circuit precedent, the judge will notice.

And then their’s the U.S. Attorney’s Office white-collar unit. These aren’t generalist prosecutors. They’re former SEC attorneys, former Delaware DOJ Corporate Fraud Unit attorneys, former BigLaw associates who represented Fortune 500 companies. They understand financial crimes at a deep level. If your defense attorney doesn’t understand loss calculations, sentencing enhancements, or cooperation agreements, they won’t be able to negotiate effectively.

So what should you look for in a Delaware federal criminal defense attorney?

• Has actually tried cases in Delaware federal court: Not state court. Not federal court in other states. Delaware federal court specifically.
• Knows the Delaware federal judges and prosecutors: Relationships matter. An attorney whose respected in the courthouse gets better results.
• Understands federal sentencing guidelines: If your attorney can’t calculate your guidelines range, they can’t negotiate a plea or advise you about trial.
• Active in federal criminal defense: This shouldn’t be a side practice area. Federal criminal defense is a speciality.

Hiring a general criminal defense attorney—someone who handles DUIs and state drug charges—is a mistake. Federal court is a different world. The rules are different. The stakes are higher. And the prosecutors are better.

What You Need to Do Right Now

If your reading this, you’re probably in crisis. Maybe you got a target letter. Maybe FBI agents contacted you. Maybe your business partner was just indicted and you think your next. Whatever the situation, time is critical.

Grand juries meet every week in Wilmington. Prosecutors are building cases right now. Your co-defendants might be cooperating as you read this. Every day you wait is a day you lose leverage.

Here’s what you need to do:

1. Do not talk to federal agents: Invoke your Fifth Amendment right to remain silent. Even if they say your just a witness. Even if they say cooperation will help. Get an attorney first.
2. Hire a Delaware federal criminal defense specialist: Not a general criminal defense attorney. Not someone who “handles some federal cases.” A specialist whose tried cases in Delaware federal court.
3. Review the evidence: If your under investigation, start gathering documents, emails, financial records. Your attorney needs to see everything.
4. Calculate your sentencing exposure: Understand your guidelines range. Understand the trial penalty. You can’t make decisions without this information.
5. Consider cooperation: If you have information about others, cooperation might dramatically reduce your sentence. But cooperation must happen early—before your co-defendants beat you to it.

Federal charges are not convictions. Every element must be proven beyond a reasonable doubt. Suppression motions can exclude illegally obtained evidence. Cooperation agreements can cut sentences in half. Pretrial diversion programs can avoid a criminal record entirely. You have options.

But those options disappear if you wait. Prosecutors move fast. Grand juries meet weekly. Indictments drop without warning. The time to act is now. Not next week. Not after you “think about it.”

Now.

Delaware federal court is unforgiving. But with the right attorney and the right strategy, you can fight these charges. Federal cases are won and lost on the details—the evidence, the law, the negotiations. And that’s were experienced Delaware federal criminal defense makes all the difference.