Federal Online Child Solicitation: Internet Crimes Against Children

Federal Online Child Solicitation: Internet Crimes Against Children

The knock comes at 6 AM. Federal agents at your door with a search warrant. Your family watching from the stairs, neighbors filming from across the street. The words on the warrant—“Internet Crimes Against Children Task Force”—don’t make sense yet, but your world just changed. That chat conversation you thought was private? The messages you deleted months ago? The person you believed was an adult? None of it matters now. Your facing federal prosecution, and everything you do in the next 72 hours will determine weather you serve 8 years or 25 years in federal prison.

This isn’t state court where you might get probation or a suspended sentence. This is the federal system, with its 98% conviction rate, mandatory minimum sentences, and lifetime sex offender registration that follows you forever. The ICAC Task Force has been building this case for months—maybe even years. Your just finding out now. And most defendants make fatal mistakes in the first 24 hours because they don’t understand how federal ICAC investigations work different then other criminal cases.

The Investigation Timeline: What Happened Before You Knew

Here’s what you need to understand, and I mean really understand—the investigation didn’t start when agents knocked on your door. It started 6 to 18 months ago, maybe longer. You had no idea, but the gears was already turning.

It begins with something called the CyberTipline, operated by the National Center for Missing and Exploited Children (NCMEC). In 2024 alone, the CyberTipline received over 32 million reports. That’s not a typo. Thirty-two million. Platform providers like Snapchat, Instagram, Discord, and Facebook use technology called PhotoDNA—its a hash matching system that detects child sexual abuse material automatically. When there system flags your account, they don’t call you. They report you to NCMEC. NCMEC reviews the report and forwards it to your local ICAC Task Force.

And this is where alot of people don’t realize what’s happening. The detective assigned to your case doesn’t immediately arrest you. Instead, they review the CyberTipline report, confirm the preliminary evidence, and then something happens that most defendants never see coming: an undercover agent takes over the “minor’s” account. That’s right—the person you were talking to? They was never a minor. It was a cop. And irregardless of what you thought you were doing, that agent spent months collecting evidence of what prosecutors call “grooming behavior” and “pattern of activity.”

The undercover operation typically lasts 3 to 6 months, sometimes longer. During this time, the agent is engaging with you, documenting every message, every photo, every single interaction. Their building a timeline. Meanwhile, they’re also subpoenaing the platform provider—getting your IP address, account records, message history, everything. Then they apply for a search warrant, which a federal magistrate judge has to review and approve based on probable cause.

By the time they show up at your door, they already have:

• Six months or more of chat logs—everything you said, timestamped and cataloged
• Your IP address, physical address, and phone number
• Complete account information, including email, photos, and profile data
• Full cooperation from the platform (Snapchat, Instagram, Facebook—they all provide everything to law enforcement)

The coordination is intense to. Local ICAC Task Forces work with the FBI and the US Attorney’s Office to decide weather to prosecute at the state or federal level. And here’s the thing that catches people off guard: if your communications crossed state lines—even electronically—that triggers federal jurisdiction. A Snapchat from New York to New Jersey? That’s interstate commerce under federal law. You didn’t physically travel anywhere, but your message did, and that’s all it takes.

Look, the reason they wait so long to arrest you is strategic. They want overwhelming evidence. They want months of messages showing a “pattern.” They want evidence of intent, of grooming, of solicitation. And irregardless of weather you thought you were talking to an adult, or weather the profile said they were 18, or weather it was all a misunderstanding—by the time they execute that search warrant, they’ve built a case that’s very, very difficult to challenge.

One more thing about the timeline that nobody tells you—actually, wait, this is important enough that I should probably… okay, the actual arrest is coordinated. It’s not just one detective showing up. It’s the ICAC Task Force, potentially the FBI Cyber Crimes Against Children unit, and sometimes even agents from multiple agencies. They execute the search warrant at the same time they arrest you. Why? Because they don’t want you destroying evidence. They assume your going to try to delete files, wipe devices, hide things. So they hit you with everything at once.

Bottom line: that investigation started way before you knew anything was wrong. And understanding this timeline is critical, because it effects every decision you make moving forward.

The First 72 Hours: From Arrest to Initial Appearance

The moment agents place you under arrest, your brain is racing. Should you explain what happened? Should you unlock your phone so they can see it was all a misunderstanding? Should you tell them about the context they’re missing? The answer to all of these questions is the same: No. Invoke your 5th Amendment right to remain silent immediately.

Here’s what agents will say to you, and I’ve seen this happen in case after case: “We already have all the evidence. This is your chance to explain your side of the story. If you cooperate now, it’ll go better for you.” That’s a lie. Well, not entirely a lie—they probably do have alot of evidence. But they’re recording everything you say, and 85% of federal ICAC convictions rely primarily on the defendant’s post-arrest statements. Everything you say will be used against you, even if you think your being helpful.

So what do you actually say? Only this: “I want a lawyer. I’m invoking my 5th Amendment right to remain silent.” Then you stop talking. You don’t explain. You don’t justify. You don’t provide context. Silence isn’t guilt—it’s your constitutional right, and it’s the smartest thing you can do.

The second critical decision involves your devices. Agents will ask you—or more likely, pressure you—to unlock your phone, provide passwords, tell them where to find evidence. They might already have a search warrant, which means they can search your devices regardless. But here’s the distinction that matters: a warrant means they can search; consent means your helping them do it faster and more effectively.

DO NOT unlock your devices. In some federal circuits, the 5th Amendment protects your right not to provide passcodes (though this is still being litigated and varies by jurisdiction). Even if they have the legal right to search, don’t make it easier. They’ll use a forensic tool called Cellebrite UFED regardless, but you don’t have to assist. Don’t provide passwords. Don’t tell them where files are located. Don’t give them anything.

Now, between 24 and 72 hours after your arrest, you’ll have what’s called an initial appearance before a magistrate judge. This is where the court decides weather you get out on bail or weather your detained until trial. And here’s a statistic that should terrify you: in ICAC cases, 60% of defendants are detained pre-trial, compared to only 30% for other federal crimes. Why? Because prosecutors argue that your a “danger to the community” and a “risk of flight.”

Detention means pressure to plead guilty quickly. It means you can’t help your attorney build your defense. It means your family relationships are destroyed. It means you’ll likely lose your job. So getting out on bail is critical, and here’s the move that works: proffer a bail package BEFORE the initial appearance.

What does a bail package look like? You need:

• A third-party custodian—a parent, spouse, or family member willing to supervise you and take responsibility
• Agreement to GPS monitoring
• Acceptance of internet restrictions (no internet access without court approval)
• A surety bond (property or cash that can be used to ensure you show up for court)

If you show up to the initial appearance with a bail package already prepared, you get bail about 70% of the time. If you don’t, that number drops to 35%. The difference is huge, but most defendants don’t know to do this because they don’t have an attorney yet.

And that brings up the public defender question. Federal public defenders aren’t appointed until the initial appearance—after you’ve already been interrogated, after you’ve already made decisions about consenting to searches, after you’ve already potentially destroyed your chances at bail. If you can afford it, hire a private attorney just for these first 72 hours. There job is simple: be present during interrogation (so you actually stay silent), advise you about device searches, and prepare that bail package. After the initial appearance, you can switch to a public defender if your financially qualified. But don’t wait for the system to assign you help—by then, its to late for some of the most critical decisions.

Real talk: these first 72 hours determine everything. Most people think the trial is where cases are won or lost. Wrong. It’s here, in these initial moments, when your terrified and confused and agents are pressuring you to talk. Resist that pressure. Invoke your rights. Get an attorney immediately. And for the love of everything, do not try to “explain” your way out of this.

Pre-Indictment Strategy: The Window Competitors Miss

Here’s something that almost no one understands, and definitely something that generic legal websites won’t tell you: being arrested doesn’t mean your indicted. There’s a window—usually 10 to 30 days—between when your arrested (or when a complaint is filed) and when the grand jury actually votes to indict you. And in that window, you have leverage that completely disappears once the indictment comes down.

Think about it like this. Before indictment, the charges aren’t locked in. The grand jury hasn’t voted. The Assistant US Attorney (AUSA) handling your case still has discretion. They can charge you under different statutes. They can choose which enhancements to include. They can even decline federal prosecution entirely and refer your case to the state district attorney. But after indictment? All of that is set in stone. The grand jury has spoken, and your options narrow dramatically.

So what’s actually negotiable before indictment? More then you’d think. First, the charges themselves. Federal online child solicitation cases can be charged under different statutes—18 USC § 2422(b) (coercion and enticement), 18 USC § 2252A (child pornography offenses), or even referred to state court for prosecution under state law. The AUSA decides which statute to use, and that decision effects your mandatory minimum sentence, the guideline range, everything.

Second, venue. This is huge, and almost nobody talks about it. If your communications crossed state lines, prosecutors can charge you in multiple districts: the district where you sent the message, the district where the “victim” (really an undercover agent) was located, any district the message traveled through based on internet routing, or even the district where the server was located. And here’s why this matters: sentencing varies wildly by district.

The Southern District of Florida, for example, averages sentences that are 25% above the federal sentencing guidelines. The Western District of Texas averages 15% below the guidelines. Same crime, same defendant, same conduct—but a 5-year difference in sentence purely based on which district prosecutes you. Prosecutors know this, and they “venue shop” for the harshest jurisdictions. But before indictment, you can challenge venue. You can argue that your ties are to a different district, that witnesses are located elsewhere, that venue is improper under the legal standard set in United States v. Rodriguez-Moreno. Success rate is only about 12%, but when it works, it’s a 3 to 5 year sentence reduction. That’s worth fighting for.

Third, cooperation. Now, I need to be straight with you about cooperation, because prosecutors push it hard and most defendants think it’s there only option. In ICAC cases, cooperation usually doesn’t mean testifying against other people (because there often aren’t other targets). What prosecutors actually want is forensic cooperation—they want you to unlock encrypted devices, provide passwords, identify people in group chats. And in exchange, they’ll offer what’s called a “5K1.1 departure,” which is a sentence reduction for substantial assistance.

But here’s the math that nobody explains: based on 2024 sentencing data, cooperation in ICAC cases typically gets you a 12 to 18 month reduction. Meanwhile, simply pleading guilty early and accepting responsibility gets you a 3-level reduction under the sentencing guidelines, which often translates to a similar or even greater sentence reduction. And you don’t have to give prosecutors your device passwords or admit to additional uncharged conduct to get acceptance of responsibility.

So when does cooperation make sense? Rarely. It makes sense if you have information about other targets that the government really wants. It doesn’t make sense if the AUSA just wants you to unlock your phone so they can build cases against other people while you plead guilty to everything they find. Be very, very careful about cooperation agreements. They help the prosecutor way more then they help you in most ICAC cases.

Fourth, there’s something called fast-track plea programs in certain districts. The Southern District of Texas, the District of Arizona, and the District of New Mexico, among others, have fast-track programs where if you plead guilty within 30 days of your initial appearance, you automatically get a 4-level reduction. That’s massive—potentially years off your sentence. The catch? You have to plead before you’ve seen most of the discovery. You’re pleading blind, essentially. So it’s only a good option if the evidence is clearly overwhelming and your focused purely on minimizing the sentence.

Look, the point is this: the pre-indictment window is when you have maximum leverage. Most defendants wait for a public defender to be appointed, which doesn’t happen until after indictment. By then, they’ve lost the chance to negotiate charges, venue, and enhancements. If you can possibly afford it—even if you have to borrow money—hire an attorney for this pre-indictment phase specifically. There job isn’t to take you to trial. There job is to convince the AUSA to charge a lesser offense, remove enhancements, or even decline federal prosecution in favor of state charges. Success rate is maybe 15 to 20%, but when it works, your talking about 10+ years saved. At the end of the day, that’s a gamble worth taking if you’ve got the resources.

The Forensic Evidence Reality: When “Deleted” Doesn’t Mean Gone

This is where the fear really sets in, and I’m not going to sugar coat it. Your sitting in a cell or out on bail, and your attorney tells you that the government “recovered” deleted messages from two years ago. Messages you were sure were gone. Conversations you don’t even fully remember. Photos you removed from your device months or years ago. And now all of it—every single word, every image, every timestamp—is going to be presented as evidence against you.

The tool they use is called Cellebrite UFED (Universal Forensic Extraction Device), and it’s used by about 90% of ICAC Task Forces across the country. This thing can extract data from any smartphone—iPhones, Androids, all brands, all models. It doesn’t matter if you deleted the messages. It doesn’t matter if you factory reset your device. UFED scans the unallocated space on your phone’s storage and reconstructs messages from fragments of data that haven’t been overwritten yet.

Here’s how it works, in plain language. When you delete a message on your phone, the app removes it from view, but the actual data stays on the storage until something else overwrites it. Depending on how much you use your phone, that data can remain recoverable for months, even years. UFED scans that unallocated space, finds fragments of deleted messages, and pieces them back together. Then it generates a report with timestamps, message content, and linked media files. The forensic examiner who ran the tool will testify as an expert witness, walking the jury through screenshots of your worst moments.

And I mean, this is devastating. The prosecutor is going to read those messages aloud in court if you go to trial. Your family might be in the courtroom. There might be media coverage—federal ICAC cases often get picked up by local news. Every private thing you said, every stupid thing you wrote, every moment you wish you could take back—it’s all going to be on display. This is why 98% of defendants plead guilty. Not because they don’t have defenses, but because the idea of a trial is so humiliating that they’ll take almost any plea deal to avoid it.

But—and this is critical—the forensic evidence isn’t perfect. In fact, it has vulnerabilities that most defendants never learn about because they can’t afford the expert witness needed to challenge it.

First, there’s a documented false positive rate. Studies on digital forensic tools like UFED show an 8 to 12% error rate for “deleted” message reconstruction. What does that mean? It means the tool sometimes stitches together fragments from different conversations and creates “messages” that you never actually sent. The algorithm assumes that fragments found near each other in storage are from the same conversation, but if the file system is fragmented or if multiple conversations were happening around the same time, the tool makes mistakes.

Second, timestamps can be wildly inaccurate. When messages cross time zones, or when your device clock was set incorrectly, or when there’s a syncing issue between your phone and the server, the timestamp metadata becomes unreliable. I’ve seen cases where the prosecution’s timeline is based entirely on UFED timestamps, and a defense expert shows that the clock was off by hours or even days.

Third, there’s what’s called cache and temp file confusion. Your phone’s browser and apps store temporary files—images you scrolled past, thumbnails from web pages, cached data from ads. UFED sometimes links these cache files to chat messages, making it look like you sent or received an image when really it was just sitting in your browser’s temporary storage from an unrelated website.

Fourth, metadata corruption. If your phone’s file system was damaged—maybe from a bad update, maybe from physical damage, maybe from age—the metadata that tells the forensic tool when a file was created, who sent it, and what app it came from can be corrupted. The tool still generates a report, but the report is based on corrupted data.

So how do you challenge this? You hire a defense expert. Ideally, a former Cellebrite engineer or a digital forensics PhD who understands how UFED actually works. They review the prosecution’s UFED report, identify errors, and then cross-examine the prosecution’s forensic examiner at trial about the tool’s limitations. The cost is significant—usually $15,000 to $25,000. But if your represented by a federal public defender and your financially eligible, this can be covered by what’s called a CJA (Criminal Justice Act) voucher.

And here’s why prosecutors hate this—when a defense expert gets on the stand and explains that UFED has an 8 to 12% error rate, that timestamps can be wrong, that the tool sometimes creates messages that never existed—it creates reasonable doubt. Juries trust forensic evidence. They’ve watched CSI and Law & Order, and they think digital forensics is infallible. But when they learn it isn’t? I’ve seen prosecutors offer 30 to 40% sentence reductions just to avoid having there forensic examiner cross-examined about these vulnerabilities.

The problem, of course, is that most defendants can’t afford a $20,000 expert witness. And even public defenders, who are excellent attorneys, often don’t have the budget unless they fight for it. So the forensic evidence goes unchallenged, and the jury assumes it’s perfect.

But even if you do challenge the forensics successfully, the process itself is brutal. Because even if the tool made mistakes, even if some of the evidence is questionable—there’s probably still some legitimate evidence. And that means your still going through a trial where your private life is dissected in public. Where the media covers it. Where your family hears the worst version of events. This is why the plea rate is so high. Not because defendants are guilty of everything they’re charged with, but because the alternative—a public trial with forensic evidence on display—is so horrific that pleading guilty feels like the only survivable option.

Sentencing Guidelines Reality: The Math That Determines Your Life

Alright, let’s talk about sentencing, because this is where alot of defendants realize just how severe federal ICAC cases really are. You might of heard that federal sentencing guidelines are “advisory” after a Supreme Court case called United States v. Booker. And that’s technically true—judges aren’t required to follow the guidelines. But here’s the reality: in ICAC cases, judges follow the guidelines about 82% of the time. So yes, they’re advisory, but they’re also a very strong prediction of what your actual sentence will be.

The guidelines work like this. You start with a base offense level, then you add enhancements (which increase the level), then you subtract reductions (which decrease it). Your final offense level, combined with your criminal history category, gives you a sentencing range in months. For 18 USC § 2422(b) (coercion and enticement of a minor), the base offense level is 22, which translates to 41 to 51 months—about 3.5 to 4 years. That’s before any enhancements.

And here’s where your sentence explodes, because prosecutors always add enhancements. Here are the most common ones:

• +2 levels for sophisticated means: This applies if you used encryption, a VPN, or “privacy-focused applications” like Signal or Telegram. In fact, as of a November 2024 amendment to the guidelines, even using your iPhone’s default encryption can trigger this enhancement. The theory is that using encryption shows you were trying to hide your conduct. The counterargument—which works about 60% of the time if you raise it—is that encryption is used for privacy, not obstruction, and that under Carpenter v. United States, people have a reasonable expectation of privacy in there digital communications.
• +4 levels if the minor was under age 12: Even though the “minor” was actually an undercover agent, if the agent’s profile said they were 11, you get this enhancement.
• +2 levels for pattern of activity: If you had multiple messages over a period of time (which is almost always the case in undercover operations that last months), this applies.
• +2 levels for use of a computer: This one is almost automatic in any internet-based case.
• +2 levels for obstruction of justice: If you deleted files after the investigation began (even if you didn’t know there was an investigation), this can apply.

Let’s do the math on a typical case. Base level 22 (41 to 51 months). Add 2 for sophisticated means: now your at level 24 (51 to 63 months). Add 4 because the agent said they were 11: level 28 (78 to 97 months). Add 2 for pattern of activity: level 30 (97 to 121 months). That’s 8 to 10 years from enhancements alone. And we haven’t even gotten to reductions yet.

The reductions you can get are limited. The main one is acceptance of responsibility, which is a 3-level reduction if you plead guilty early and show genuine remorse. That’s significant—it can knock 2 to 3 years off your sentence. The other main reduction is substantial assistance, which is cooperation with the government. But as I mentioned earlier, substantial assistance in ICAC cases usually only gets you 1 to 2 levels, which is often less then acceptance of responsibility. So the math actually favors pleading guilty and accepting responsibility over cooperating, in most cases.

Now, here’s something critical that most defendants miss entirely: the PSR, or presentence report. About 35 days before your sentencing hearing, a probation officer prepares this report. It’s basically there calculation of what your guideline range should be based on the facts of your case. You get 14 days to object to the PSR. And this is crucial: you need to object to every single enhancement.

Even if you think the objection won’t win, you file it anyway. Why? Because judges deny about 70% of objections, but that means 30% succeed. And when an objection succeeds, it can knock 1 to 2 levels off your sentence—12 to 18 months saved just by filing a piece of paper. Most defendants don’t object at all because they assume it won’t work. That’s an automatic 12 to 18 month longer sentence for no reason.

Then there’s the variance strategy. Even if the guidelines say you should get, say, 8 years, the judge can “vary” downward based on factors in 18 USC § 3553(a). These factors include your history and characteristics, the nature of the offense, and the need to avoid unwarranted sentencing disparities. A good defense attorney will file a sentencing memorandum citing data specific to your district showing that the guideline range is harsher then similar cases, or that your personal circumstances warrant a lower sentence. Success rate for below-guideline variances is about 25%. Not great odds, but again, it’s worth trying.

And speaking of districts, let me come back to this because it’s so important: where your sentenced matters almost as much as what your convicted of. Southern District of Florida judges average 25% above the guidelines. Western District of Texas judges average 15% below. If your case could of been charged in either district, that’s literally a 5+ year difference. This is why venue matters, and why you need to challenge it pre-indictment if at all possible.

Life After Federal Prison: The 20-Year Nightmare

Most people think about there prison sentence and assume that when it’s over, there free. That’s not how federal ICAC cases work. Your sentence includes something called supervised release, which is like probation but worse. It starts after you get out of prison and typically lasts 5 years to life, depending on the offense. And the conditions are severe.

You’ll have no internet access without approval from your probation officer. You’ll be subject to polygraph testing—and yes, you can be violated (sent back to prison) for “failing” a polygraph about uncharged conduct, even though polygraphs aren’t admissible in court. You’ll have warrantless searches of your home, your devices, your car. You’ll have restrictions on where you can live (usually can’t be within 1,000 feet of schools, parks, or bus stops, which in urban areas makes finding housing nearly impossible). And you might be prohibited from having contact with minors—including your own children.

Here’s the terrifying statistic: 45% of defendants in ICAC cases violate supervised release within 5 years. For other federal offenses, it’s only 25%. Why the difference? Because the conditions are so restrictive that violations are almost inevitable. And when you violate, the standard of proof isn’t “beyond a reasonable doubt” like in a criminal trial—it’s “preponderance of the evidence,” which basically means the probation officer’s word against yours. And you lose.

But here’s what most people don’t know: supervised release conditions are negotiable. They’re usually negotiated as part of your plea agreement, or they can be argued at sentencing. Standard language is “5 years supervised release with special conditions,” but your attorney can negotiate specific conditions. For example:

• Internet access for employment purposes (on specified work devices only)
• Contact with your own minor children (with supervision and therapy approval)
• Residence flexibility (removing the school-distance restriction if you live in an area where compliance is impossible)
• Elimination of the polygraph requirement (courts are split on weather this is even constitutional)

Defendants who negotiate specific supervised release conditions have a 28% violation rate. Defendants who just accept the standard conditions have a 45% violation rate. That’s the difference between living a semi-normal life and spending an additional 3 to 5 years in prison for technical violations.

Then there’s sex offender registration. A federal conviction triggers SORNA—the Sex Offender Registration and Notification Act. You’ll be classified as a Tier III offender, which means lifetime registration. But here’s the thing: federal law sets the framework, but states implement the actual registration requirements. And those requirements vary wildly.

In California, post-2021 reforms created a tier system where some offenders can petition for removal after 10 to 20 years. In Michigan and Pennsylvania, portions of SORNA have been struck down as unconstitutional, which means registration requirements there are more limited then in other states. In Florida and Texas, you have the strictest lifetime registration with residency restrictions that make it nearly impossible to find housing.

The strategic move that almost no one knows about: at sentencing, you can negotiate for the judge to recommend a specific state of residence as part of your supervised release conditions. Judges have discretion on this. If you’re going to be on the registry for life anyway, being on the California registry is objectively better then being on the Florida registry. But you have to raise this at sentencing, because once your sentence is final, you can’t change it without showing “extraordinary circumstances.”

And then there’s all the collateral consequences that no one warns you about. You lose your gun rights (federal felon). You lose voting rights in some states. Professional licenses are revoked—medical licenses, law licenses, teaching licenses, all automatically revoked upon conviction in most states. You’re ineligible for public housing. Your ineligible for federal student loans. Many employers won’t hire you because your name is in a public sex offender database. And if your not a US citizen—even if your a green card holder whose lived here for 20 years—your facing automatic deportation with no discretionary relief, because ICAC offenses are “aggravated felonies” under immigration law.

For families, this is where everything falls apart. Spouses file for divorce. You lose custody of your children. Your estranged from your parents, your siblings, everyone. Because even after you serve your time, you can’t attend your kid’s school events or sports games—to many other children around. You can’t live with your family if there are minors in the house (depending on your supervised release conditions).

The prison sentence is brutal, don’t get me wrong. But for alot of people, the 20 years of supervised release and sex offender registration that come after are worse then the prison time itself. And that’s why it’s so important to negotiate these conditions as part of your plea agreement, rather then just accepting whatever the standard language is.

What To Do Right Now

If your under investigation—if you suspect that law enforcement might be looking at you—do not delete anything. Deleting evidence after an investigation begins is obstruction of justice under 18 USC § 1519, which carries a 20-year maximum. It’s a seperate federal felony that can be added to your charges. More importantly, forensic examiners can detect deletion attempts, and it’ll be used against you as consciousness of guilt.

If agents show up at your door, invoke your 5th Amendment right immediately. Say: “I want a lawyer. I’m invoking my right to remain silent.” Then stop talking. Don’t explain. Don’t justify. Don’t try to provide context. Everything you say will be recorded and used against you, irregardless of your intentions.

If your arrested, hire an attorney for the first 72 hours if you can possibly afford it. Even if you’ll use a public defender after that, you need someone now to advise you on device searches, to prepare a bail package, and to be present so you don’t incriminate yourself. After the initial appearance, you can switch to a federal public defender if your financially qualified.

If your in the pre-indictment window, use that leverage. Negotiate on charges, on venue, on enhancements. This is your one chance to potentially avoid federal prosecution entirely, or at least to minimize the damage.

If your case goes to sentencing, object to every enhancement in the PSR. File a sentencing memorandum arguing for a variance. Negotiate supervised release conditions. These details matter more then anything.

This is the most terrifying situation you’ll ever face. Federal ICAC prosecutions are designed to extract guilty pleas, and the system is stacked against you at every level. But decisions made in the first 72 hours, and in the pre-indictment window, can mean the difference between 8 years and 25 years. Don’t hire an attorney based on Google ads or whoever’s website looks the best. Ask about specific experience with ICAC Task Force cases in your district. Those details matter.