Fort Worth Federal Criminal Defense Attorney: Tarrant County Federal Court

Last Updated on: 14th December 2025, 10:52 pm

Fort Worth Federal Criminal Defense Attorney: Tarrant County Federal Court

Your sitting at home when FBI agents knock on you’re door. Maybe federal investigators already contacted you about a financial transaction, or something you said online, or a buisness dealing that went wrong. You’re hands are shaking. Your mind is racing because you know this is different—this isn’t Tarrant County Sheriff’s deputies, this is the federal goverment. The U.S. Attorney’s Office has essentially unlimited resources, and your facing charges that will be heard at the Eldon B. Mahon United States Courthouse in downtown Fort Worth, not at the Tarrant County Criminal Courts building. The Northern District of Texas Fort Worth Division operates under completly different rules then state court, and the stakes is higher. Federal convictions mean federal prison, often hundres of miles from you’re family. You need someone who practice regularly in federal court, who understands how the Fort Worth Division works, who can speak to Assistant U.S. Attorneys before charges are even filed. This might be the most terrifiying moment of your life, and you have maybe hours or days to make the right decision.

This guide explains what you need to know about federal criminal defense in Fort Worth, Texas. We’ll cover why you’re case went federal instead of staying in state court, what happens at the Eldon B. Mahon Courthouse, how the pre-indictment window works, what to expect if your arrested, your options for resolving the case, and how federal sentencing is calculated. Every section is organized around the decisions you face right now, not around legal theory you dont need.

Why Your Case Is Federal (Not State Court)

The first question everyone ask is: “Why is this a federal case?” Most people charged with federal crimes thought there case would be handled by the Tarrant County District Attorney’s Office or the Fort Worth Police Department. But federal prosecutors operate under different rules, and certain factors trigger there interest.

Federal jurisdiction exists when a crime effects interstate commerce, involves federal victims or programs, or violates specific federal statutes. Interstate commerce is broader then most people realize—if you used a phone, email, or website to commit the offense, that’s probly enough. If the crime involved a federaly insured bank, Medicare or Medicaid, federal employees, or crossed state lines, federal prosecutors can take the case.

But here’s what most Fort Worth criminal defense attorneys won’t tell you: federal prosecutors dont charge every case they could. The U.S. Attorney’s Office Northern District of Texas has limited resources, and they make economic decisions about which cases are worth they’re time. Prosecuting a federal case costs $75,000 to $150,000+ in investigative resources, attorney time, and trial preparation. FBI agents, DEA agents, and IRS investigators time is expensive. They need to justify the investigation to there supervisors. Grand jury time is a limited resource—only 23 citizens meet one day per week typically.

Dollar Thresholds That Trigger Federal Interest

Here’s what the competitors wont say: their are unofficial dollar thresholds that determine weather your case goes federal. These arent written in any statute, but there based off prosecutorial economics:

• Wire fraud: Typically $100,000+ in losses, or involves multiple victims across state lines. A $50,000 fraud might stay in Tarrant County unless their are aggravating factors.
• Bank fraud: $10,000+ triggers bank reporting requirements. $50,000+ is the common prosecution threshold for federal charges, though smaller amounts might be charged if part of a larger scheme.
• Drug quantities: Personal use amounts usually stay state court. But 50 grams of methamphetamine triggers a 10-year mandatory minimum in federal court. 500 grams triggers 20 years. Even smaller amounts might go federal if the drugs crossed state lines or was part of a conspiracy.
• Healthcare fraud: $250,000+ in false Medicare/Medicaid claims typically triggers federal interest. Smaller amounts might be handled by Texas Medicaid Fraud Control Unit.
• Tax evasion: $70,000+ in tax loss. IRS Criminal Investigation Division doesn’t pursue small cases becuase there resource-intensive.
• Identity theft: 50+ victims or $250,000+ in losses makes it federal. Smaller identity theft cases stay with Fort Worth PD or Tarrant County Sheriff.
• PPP loan fraud: Even $20,000 in fraudulent PPP loans is being prosecuted federaly in 2025. The government is still working through cases from 2020-2021, and there not done. If you recieved PPP funds and misrepresented employee counts, payroll, or buisness operations, you might still be under investigation even if it happend four years ago.

Aggravating Factors That Make “Small” Cases Federal

Sometimes cases that dont meet the dollar thresholds still go federal because of aggravating factors:

1. Organized crime or conspiracy: If your part of a larger criminal enterprise, even you’re smaller role might be charged federaly.
2. Repeat offender: Prior state convictions makes federal prosecutors more intrested in charging you federaly, where sentences is longer.
3. Public corruption: Any case involving government officials, police officers, or elected officials go federal automatically.
4. Political pressure or media attention: High-profile victims or news coverage can push a case from state to federal.
5. State declined the case: Sometimes Tarrant County prosecutors decline a complex fraud or drug conspiracy case, and the U.S. Attorney’s Office picks it up.
6. Joint task forces: Fort Worth Police Department and FBI work together on organized crime. DEA and Tarrant County Sheriff’s Office work together on drug trafficking. When your arrested by a joint task force, the case often goes federal.

Fort Worth’s I-35 Corridor Drug Trafficking

Fort Worth sits on Interstate 35, a major drug trafficking route from Mexico through Texas to Oklahoma, Kansas, and beyond.

DPS troopers stop vehicles on I-35 daily, and if they find significent drug quantities, they refer the case to DEA. Even if you was pulled over in Tarrant County, if the drugs were being transported from one state to another, that’s federal jurisdiction. The Northern District of Texas Fort Worth Division handles hundres of these I-35 drug cases every year.

2025 Federal Prosecution Trends in Fort Worth

Understanding what federal prosecutors are focusing on in 2025 helps you understand you’re case:

• Fentanyl trafficking: This is the #1 priority. Even small amounts (which can be lethal) are being charged with 10-20 year mandatory minimums. Prosecutors are treating fentanyl deaths as homicides in some cases.
• PPP loan fraud: Still being prosecuted in 2025 from conduct in 2020-2021. The Small Business Administration and FBI are still investigating, and the statute of limitations is 5 years for most fraud, which means cases from 2020 can still be charged through 2025.
• Cryptocurrency investigations: IRS Criminal Investigation Division is ramping up crypto cases. Unreported gains over $10,000, mixing personal and buisness crypto wallets, and using offshore exchanges to avoid taxes are all triggering federal investigations in 2025.
• Healthcare fraud: Medicare and Medicaid fraud prosecutions are increasing. Telemedicine fraud schemes that emerged during COVID are still being investigated.
• AI-assisted fraud: This is a brand new crime category in 2025. Using AI to create fake identitys, generate fraudulent loan documents, or create deepfake voice scams is triggering federal interest. Fort Worth has already saw cases involving AI-generated documents for loan applications.

Irregardless of the specific charge, if you’re case went federal, it’s becuase prosecutors beleive they can prove it, and the penalties justify there resources.

The Eldon B. Mahon United States Courthouse and Fort Worth Division Procedures

Your case will be heard at the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas 76102. This is the federal courthouse for the Northern District of Texas, Fort Worth Division. It’s completly seperate from the Tarrant County Criminal Courts building on Weatherford Street.

Northern District of Texas Fort Worth Division Jurisdiction

The Fort Worth Division covers more then just Tarrant County. It’s jurisdiction includes Tarrant, Parker, Wise, Jack, Young, Archer, Montague, Clay, and Wichita counties. If your offense occured in any of these countys, your case might be heard in Fort Worth rather then Dallas or another division.

The Northern District of Texas has four divisions: Dallas, Fort Worth, Abilene, and Lubbock. Each division has it’s own judges, procedures, and Assistant U.S. Attorneys assigned to it. Fort Worth is not the same as Dallas, and understanding the diffrence matters for you’re case.

How Fort Worth Division Differs from Dallas Division

Here’s what defense attorneys who practice in both divisions know:

• Smaller docket: Fort Worth handles fewer cases then Dallas, which means judges and prosecutors may have more time to consider individual cases. The Fort Worth Division is less transactional.
• Different Assistant U.S. Attorneys: The AUSAs assigned to Fort Worth are different people then those in Dallas. They have different negotiation styles, different priorities, and different relationships with the defense bar.
• More personal relationships: Because Fort Worth is smaller, defense attorneys, prosecutors, and judges often no each other better. This doesn’t mean favoritism, but it does mean face-to-face meetings are more common then in Dallas’s higher-volume docket.
• Case mix differences: Fort Worth handles more I-35 drug trafficking cases then Dallas. Dallas handles more securities fraud and complex white-collar cases becuase of the larger corporate presence.
• Judge assignment differences: Fort Worth Division has it’s own assigned judges. Knowing which judge is assigned to you’re case matters enormously for trial strategy and sentencing.

Federal Judges in Fort Worth Division

The Northern District of Texas has multiple Article III judges who hear cases in Fort Worth. Some are senior judges (semi-retired but still hearing cases), and some are active judges. Additionally, magistrate judges handle initial appearances, detention hearings, and pretrial matters.

Different judges have different sentencing patterns. Without naming specific judges (which would be improper), it’s accurate to say that some judges sentence within the federal sentencing guidelines 90%+ of the time, while other judges are more willing to grant downward variances when circumstances justify it. An experianced Fort Worth federal criminal defense attorney knows these patterns and can help you understand what to expect based off who’s assigned to you’re case.

What Happens at the Eldon B. Mahon Courthouse

If your arrested by federal agents, here’s the timeline:

1. Initial appearance (within 24-48 hours): You’ll be brought before a magistrate judge. This is not a trial. The judge will read the charges, inform you of you’re rights, and address bond. Do not plead guilty at the initial appearance. Just enter a “not guilty” plea, even if you think you are guilty. You need time to understand the evidence and you’re options.
2. Detention hearing (typically 3-5 business days after arrest): This is the hearing that determines weather you stay in jail or get released pending trial. The magistrate judge considers weather your a flight risk or a danger to the community. The governments burden is to prove by a preponderance of the evidence (more likely then not) that you should be detained.
3. Arraignment (if indicted): You’ll be formally charged by grand jury indictment and asked to enter a plea before the district judge assigned to you’re case.
4. Pretrial conferences: These are meetings before the judge to discuss case status, discovery, motions, and scheduling. Some Fort Worth judges require in-person attendance, others alow telephone conferences.
5. Motions hearings: If you’re attorney files suppression motions (to exclude evidence) or other pretrial motions, the judge will hold hearings.
6. Trial or plea: Less then 3% of federal cases go to trial. Most resolve through plea agreements. If you go to trial, it’s before a jury of Tarrant County residents (for Fort Worth Division cases).
7. Sentencing hearing: After conviction (by plea or trial), the judge holds a sentencing hearing, typically 90-120 days later, after a presentence report is prepared.

Key Players You’ll Encounter

Assistant U.S. Attorneys (AUSAs): These are the federal prosecutors assigned to you’re case. There not elected like the Tarrant County DA. They work for the U.S. Attorney’s Office, Northern District of Texas. The Fort Worth office is located near the courthouse. Different AUSAs handle different types of cases—drug trafficking, white-collar crime, violent crime, etc.

Pretrial Services: This is an office within the federal court system that conducts background investigations for detention hearings and supervises defendants released on bond. There not you’re friends, but antagonizing them hurts you’re case. They’ll interview you, check you’re criminal history, contact you’re employer and references, and make a recommendation to the judge about weather you should be detained or released.

Federal Defender’s Office: If you cant afford an attorney, the court will appoint the Federal Defender’s Office or a CJA panel attorney (Criminal Justice Act attorney). These are experienced federal criminal defense attorneys, not overworked public defenders. However, if you can afford to hire you’re own attorney, you typically receive more personalized attention.

Probation Office: After you’re convicted, a probation officer prepares the presentence report (PSR) that calculates you’re sentencing guidelines and provides background information to the judge. This report heavily influences you’re sentence.

CM/ECF Electronic Filing System

All federal court filings are electronic through the CM/ECF system (Case Management/Electronic Case Files). You’re attorney must be registered to file documents electronically. You can access you’re case docket through PACER (Public Access to Court Electronic Records), though it charges per page to view documents.

The Pre-Indictment Window: When You Still Have Options

Most people dont realize that federal investigations often last months or even years before charges are filed. By the time you know your under investigation, prosecutors have already been building the case. However, their is sometimes a window—usually after you recieve a target letter or after FBI agents contact you—when you can still influence weather charges are filed at all.

This is arguably the most critical stage of a federal case, and its the stage where most people make catastrophic mistakes becuase they dont understand the timeline or there options.

What Is a Target Letter?

A target letter is a letter from the U.S. Attorney’s Office informing you that your a target of a federal grand jury investigation. This means prosecutors beleive you committed a crime and are considering charging you. The letter typically gives you 10 to 14 days to respond before the case is presented to the grand jury.

You have three options when you recieve a target letter:

1. Do nothing: The case will be presented to the grand jury, and you’ll almost certainly be indicted. Federal grand juries indict in over 99% of cases there presented with becuase the proceeding is one-sided—no defense attorney is present, only the prosecutor presents evidence.
2. Invoke you’re Fifth Amendment right: You can send a letter declining to participate in the investigation and asserting you’re right against self-incrimination. This doesn’t prevent indictment, but it avoids the risk of saying something incriminating.
3. Proactively respond through an attorney: You’re attorney can request a meeting with the Assistant U.S. Attorney, present exculpatory evidence, explain defenses, and argue why charges shouldn’t be filed. This is you’re only chance to prevent indictment.

Can You Really Prevent Federal Charges?

The realistic success rate of pre-indictment intervention is probly 5% to 10%. That’s not high, but its infinitely better then the 0% chance you have after indictment. And in some cases, even if you cant prevent charges entirely, you might be able to influence which charges are filed (reducing a conspiracy charge to a lesser-included offense, for example).

Pre-indictment intervention works best when:

• You have evidence that directly contradicts the government’s theory of the case
• You can show that the financial loss or drug quantity is lower then investigators beleive
• You can demonstrate that you lacked criminal intent (you didn’t no the conduct was illegal)
• You can offer full restitution before charges are filed
• You have no criminal history and strong community ties
• The case is borderline weather it meets federal prosecution thresholds

Fort Worth Specific: Which AUSAs Will Meet Pre-Indictment

Not all Assistant U.S. Attorneys are equally willing to meet with defense attorneys before indictment. Some AUSAs view pre-indictment meetings as a waste of time becuase there mind is already made up. Others genuinely want to hear defenses before committing resources to prosecution.

An attorney who practices regularly in the Fort Worth Division knows which AUSAs are open to these meetings and how to approach them effectivly. The relationship between you’re attorney and the prosecutor matters enormously at this stage. If the AUSA respects you’re attorney’s reputation, there more likely to take the meeting seriously.

Timing also matters. If the AUSA has already scheduled the grand jury presentation, its harder (though not imposible) to delay it. The earlier you retain an attorney after receiving a target letter, the more time there is to prepare a persuasive response.

What NOT to Do When FBI Contacts You

If FBI agents show up at you’re home or workplace, do not talk to them without an attorney present. This is the single most important advice in this entire article.

FBI agents are highly trained interviewers. There goal is to gather evidence, not to help you. Anything you say can and will be used against you. Even if you think your innocent, even if you think you can explain the situation, even if the agents seem friendly and say “we just need to clear this up”—do not talk to them.

Politely say: “I want to cooperate, but I need to speak with an attorney first. Please provide me with you’re contact information, and my attorney will reach out to you.” Then immediately contact a federal criminal defense attorney.

People think that refusing to talk makes them look guilty. Actually, prosecutors and agents expect people to invoke there rights. What makes you look guilty is lying, changing you’re story, or providing inconsistent statements that can be used against you at trial.

Grand Jury Subpoenas

Sometimes instead of a target letter, you’ll recieve a grand jury subpoena. This is a court order to appear before the grand jury to testify or produce documents. If you recieve a grand jury subpoena, contact an attorney immediately. You have the right to assert you’re Fifth Amendment privilege against self-incrimination, but you need an attorney to help you navigate weather to assert it and how.

If the subpoena is for documents (subpoena duces tecum), you must produce the documents unless there’s a legal basis to object (attorney-client privilege, Fifth Amendment, etc.). An attorney can help you determine what must be produced and what can be withheld.

How Long Do Federal Investigations Last?

Federal investigations can last 6 months to 2+ years before charges are filed. The government has a 5-year statute of limitations for most federal crimes (longer for some offenses like tax evasion). This means conduct from years ago can still be prosecuted.

For example, in 2025, the U.S. Attorney’s Office is still prosecuting PPP loan fraud from 2020-2021. Defendants who thought they “got away with it” are being indicted four years later, after investigators spent years analyzing bank records, SBA data, and IRS filings.

The takeaway: if you suspect your under investigation—even if its been months or years since the conduct—contact an attorney. The investigation might still be ongoing, and early intervention could still matter.

If You’re Arrested: The First 48 Hours Are Critical

This is the section I wish I didn’t have to write, but if your reading this after being arrested, you need to no what happens next and what you’re family needs to do immediately.

Being arrested by federal agents is one of the most terrifiying experiences of you’re life. Your taken from you’re home, often in front of you’re family, handcuffed, and transported to the federal courthouse or a holding facility. You might have been woken up at 6 AM by agents at you’re door. You might have been arrested at work. You might have been pulled over on I-35 and searched by DEA.

Heres what happens in the first 48 hours, and what you and you’re family need to do to maximize you’re chances of getting out of jail pending trial.

Initial Appearance (Within 24-48 Hours)

Federal law requires that you be brought before a magistrate judge for an initial appearance within 24 to 48 hours of arrest (excluding weekends and holidays). This will take place at the Eldon B. Mahon United States Courthouse.

At the initial appearance:

• The magistrate judge will read the charges against you (usually from a criminal complaint, not an indictment yet)
• The judge will inform you of you’re rights
• The judge will ask if you can afford an attorney. If not, the Federal Defender’s Office will be appointed.
• The judge will address bond—weather you’ll be released or detained pending a detention hearing
• You’ll be asked to enter a plea

CRITICAL: Do not plead guilty at the initial appearance. Just enter a “not guilty” plea. You need time to review the evidence, understand the charges, and consider you’re options. Even if you think you are guilty, pleading guilty at the initial appearance is almost never the right move. You’re attorney will tell you if and when a guilty plea makes sense.

Pretrial Services Interview

Before or shortly after you’re initial appearance, a Pretrial Services officer will interview you. This interview is mandatory if your being considered for release. The officer will ask about:

• You’re employment history and current job
• You’re family ties (spouse, children, parents in the area)
• You’re residence (do you own or rent, how long have you lived there)
• You’re financial situation (assets, income, debts)
• You’re criminal history
• Substance abuse history
• Mental health history

The Pretrial Services officer will then prepare a report with a recommendation to the magistrate judge about weather you should be released or detained. This report is enormously influential.

Important: Pretrial Services is NOT on you’re side. There not prosecutors, but there not you’re defense either. There employed by the court to assess risk. Be respectful, answer questions honestly (lying will hurt you), but dont volunteer incriminating information about the charges. If a question relates to the offense conduct, you can say “my attorney advised me not to discuss the charges.”

That said, dont antagonize Pretrial Services. If you’re rude, evasive, or uncooperative, there recommendation will reflect that. Judges rely heavily on these reports, and a negative recommendation from Pretrial Services makes release much harder.

Detention Hearing (Typically 3-5 Business Days After Arrest)

The detention hearing is the most important proceeding in the early stages of you’re case becuase it determines weather you spend the next 12-18 months in jail or at home with you’re family while the case is pending.

This hearing is NOT about guilt or innocence. The judge isn’t deciding if you committed the crime. The judge is deciding if your a flight risk or a danger to the community. The government has the burden to prove by a preponderance of the evidence (more likely then not—just 51%) that you should be detained.

In the Fort Worth Division, approximately 65-70% of federal defendants are detained pending trial. That’s a sobering statistic. But with proper preparation, you can improve you’re odds of release.

What You’re Family Needs to Do Immediately

If your arrested, you’re family needs to start gathering a bond package immediately. This isnt something that can wait. The detention hearing will happen within 3 to 5 business days, and you need this information ready. Here’s the checklist:

1. Employment verification letter: A letter from you’re employer (on company letterhead) stating that you are employed, what you’re position is, how long you’ve worked there, and that you’re job will be available if your released. If your self-employed, gather tax returns, business licenses, and client letters.
2. Property ownership documents: If you own you’re home, gather the deed or mortgage statements showing ownership. Property ownership demonstrates community ties and gives you something to loose if you flee.
3. Character reference letters: Letters from community members who know you—religious leaders, employers, longtime friends, neighbors. These letters should describe you’re character, you’re ties to Fort Worth, and why they beleive you wont flee. Aim for 3-5 letters. They dont need to be long, just sincere.
4. Third-party custodian: Identify a family member (spouse, parent, adult child) who is willing to serve as a third-party custodian. This person essentially agrees to supervise you and report to Pretrial Services if you violate release conditions. Having a credible third-party custodian significantly improves you’re chances of release.
5. Financial information: Bank statements, retirement account statements, and any other assets that could serve as collateral for bond. The judge might require a cash bond or property bond, so knowing what resources are available is critical.
6. Ties to Fort Worth: Any evidence that you’re deeply rooted in the Fort Worth community—how long you’ve lived here, children in local schools, church membership, volunteer work, etc. The more ties you have, the less likely the judge thinks you’ll flee.
7. Treatment records (if applicable): If substance abuse or mental health is an issue, gather records showing that your in treatment or willing to enter treatment. Judges are more likely to release defendants who are addressing underlying issues.

This is alot to gather in 3 to 5 days, especially when you’re family is in shock. But it’s absolutely neccesary. Defense attorneys cant manufacture this information—you’re family has to provide it.

What Determines Release vs. Detention

The magistrate judge considers these factors:

• Nature of the offense: Violent crimes, sex crimes, and large-scale drug trafficking make detention more likely. White-collar crimes with no violence make release more likely.
• Criminal history: Prior convictions (especially failures to appear or violations of probation) make detention more likely. No criminal history helps significantly.
• Ties to the community: Family in Fort Worth, employment, property ownership, and length of residence all favor release.
• Flight risk: Does the defendant have passport? Access to money? Ties to other countries? These increase flight risk. Lack of passport and strong local ties decrease flight risk.
• Danger to community: Is the offense violent? Does the defendant have history of violence? Are there threats to witnesses?
• Pretrial Services recommendation: Judges follow this recommendation in the majority of cases.
• Strength of the government’s case: If the evidence is overwhelming, judges sometimes reason that the defendant has more incentive to flee. However, this isnt supposed to be a primary factor.

Release Conditions If You Get Out

If the judge orders you’re release, it wont be unconditional. Expect some or all of these conditions:

• GPS monitoring: You’ll wear an ankle monitor that tracks you’re location 24/7. Pretrial Services monitors this.
• Home detention: You might be confined to you’re home except for court appearances, attorney meetings, employment, medical appointments, and religious services.
• Travel restrictions: You’ll be prohibited from leaving the Northern District of Texas (or sometimes just Tarrant County) without court permission.
• Surrender of passport: If you have a passport, you’ll be required to surrender it to Pretrial Services.
• No contact orders: If there are co-defendants, victims, or witnesses, you’ll be ordered to have no contact with them.
• Drug testing: Random drug testing if substance abuse is an issue.
• Cash bond or property bond: The court might require a bond (money or property) as collateral to ensure you’re appearance. If you flee, the bond is forfeited.
• Third-party custodian supervision: Regular check-ins with the custodian, who reports to Pretrial Services.

Violating any of these conditions will result in you’re immediate arrest and detention, and you wont get another chance at release.

If You’re Detained

If the magistrate judge orders detention, you’ll be held in custody pending trial. In Fort Worth, federal defendants are typically held at the Tarrant County Jail (under contract with the federal government) or at a federal facility. You might also be transferred to FCI Fort Worth or another Bureau of Prisons facility if detention is lengthy.

Being detained pending trial is incredibly difficult. You’ll be held for 12 to 18 months (on average) before you’re case resolves through plea or trial. You’ll be separated from you’re family, unable to work, and under the stress of incarceration while facing the charges.

However, detention decisions can be appealed to the district judge. If the magistrate judge detains you, you’re attorney can file a motion for review with the district judge assigned to you’re case. Sometimes (not often, but sometimes) the district judge reverses the detention order.

The Emotional Reality

Look—here’s the thing. This is terrifiying. Your family is scared. You’re scared. You might be in a cell reading this on a tablet (some facilities allow legal research access), or you’re family might be reading this trying to figure out how to help you.

Federal jail is different from county jail. The rules are stricter. The inmates are often serving longer sentences (even if just pretrial). The facility might be far from Fort Worth, which makes family visits difficult.

The uncertainty is the worst part. You dont know how long you’ll be detained. You dont know what sentence your facing. You dont know if you’ll ever get you’re life back.

All I can say is: this is why the detention hearing matters so much. This is why you’re family needs to drop everything and prepare that bond package. This is why hiring an experianced federal criminal defense attorney immediately—someone who practices regularly in the Fort Worth Division, someone who knows the magistrate judges, someone who can present a compelling release plan—is worth whatever it costs.

Your Case Options: Cooperation, Plea Agreement, or Trial

After you’re arrested and arraigned, you face the most important strategic decision of you’re case: how to resolve it. You have three basic options: cooperate with the government, negotiate a plea agreement without cooperation, or go to trial. Each option has significant consequences, and the decision must be based on the specific facts of you’re case.

Federal Conviction Rate Reality

Before discussing options, you need to understand the statistical reality. The federal conviction rate in the Northern District of Texas is approximately 89% to 92%. Nationwide, it’s similar. This includes both guilty pleas and trial convictions.

Less then 3% of federal cases go to trial. Of those that do go to trial, the government wins approximately 85%. These statistics are sobering, and there designed to be. Federal prosecutors dont charge cases unless there confident they can win.

This doesn’t mean you should automatically plead guilty. It means you need to carefully evaluate the strength of the government’s case, the potential defenses, and the risks and benefits of each option.

The Cooperation Decision: Should You Help the Government?

Cooperation means providing information or testimony to the government about other people’s criminal conduct. This is the most emotionally difficult decision defendants face, becuase it involves potentially testifying against friends, family members, or criminal associates.

When Cooperation Helps

Cooperation is most valuable to the government when:

• You have information about higher-level targets (suppliers in drug cases, organizers in fraud schemes)
• You can provide evidence—documents, recordings, testimony—that the government doesn’t have
• You’re willing to testify at trial against others
• You cooperate early, before others do (the first to cooperate often gets the best deal)

If you cooperate substantially, the government can file a 5K1.1 motion (under U.S. Sentencing Guidelines § 5K1.1) asking the judge to depart below the guideline range. This is the only way to get below a mandatory minimum sentence—only the government can file this motion, not you’re attorney.

In Fort Worth, some Assistant U.S. Attorneys value cooperation highly, especially in drug conspiracy cases where there trying to work up the distribution chain. Other AUSAs are less interested in cooperation, particularly in white-collar cases where the defendants are the primary targets.

When Cooperation Hurts

Cooperation isn’t always beneficial:

• If you dont have valuable information, the government will still prosecute you. Cooperation doesn’t buy you dismissal of charges—it buys you a sentencing reduction, and only if the government thinks you’re cooperation is substantial.
• If you’re co-defendants are cooperating faster, you might be the last one to flip, which means you’re information is less valuable and you get a worse deal.
• If you lie or minimize you’re conduct during proffer sessions, you loose all credibility and the cooperation agreement is off.
• Cooperation can implicate you in additional crimes that the government didn’t know about.
• If you cooperate and testify, you’ll be labeled a “snitch,” which creates safety issues in prison and affects you’re relationships with family and community.

The Cooperation Timeline

The earlier you cooperate, the more valuable you’re information is. If you decide to cooperate, it should be done as early as possible—ideally before indictment, but at minimum before other co-defendants cooperate.

Cooperation typically involves:

1. Proffer sessions: Meetings with prosecutors and agents where you describe what you no. These are often called “Queen for a Day” sessions becuase you’re statements generally cant be used against you (with exceptions for perjury). However, the government can use the information you provide to develop other evidence.
2. Cooperation agreement: A written agreement where you agree to provide truthful information and testimony in exchange for the government’s agreement to file a 5K1.1 motion at sentencing.
3. Debriefing: Multiple sessions where agents and prosecutors ask detailed questions about the criminal conduct, other participants, and evidence.
4. Testimony: You might be required to testify before the grand jury or at trial against others.

Plea Negotiations Without Cooperation

Most federal cases resolve through plea agreements, even without cooperation. A plea agreement is a contract between you and the government where you agree to plead guilty to certain charges in exchange for the government’s agreement to dismiss other charges, recommend a specific sentence, or stipulate to certain facts for sentencing purposes.

Types of Plea Agreements

There are different types of plea agreements under Federal Rule of Criminal Procedure 11:

• Rule 11(c)(1)(B) plea: The government agrees to recommend a specific sentence or sentencing range, but the judge isn’t bound by the recommendation. This is the most common type.
• Rule 11(c)(1)(C) plea: The government and defendant agree to a specific sentence, and the judge must either accept the agreement (and impose that sentence) or reject the entire plea agreement. These are less common.
• Rule 11(c)(1)(A) plea: The government agrees to dismiss certain charges or not bring additional charges.

What Plea Negotiations Involve

In Fort Worth, plea negotiations often involve:

• Charge bargaining: The government agrees to dismiss certain counts or charge lesser-included offenses. For example, conspiracy to distribute drugs instead of substantive distribution counts, which might avoid mandatory minimums.
• Sentencing stipulations: The parties agree on certain facts for sentencing purposes, such as drug quantity, loss amount, or the defendant’s role in the offense.
• Sentencing recommendations: The government agrees to recommend a sentence at the low end of the guideline range, or to support a downward variance.

An experianced Fort Worth federal defense attorney knows which Assistant U.S. Attorneys are willing to negotiate and which are more rigid. Some AUSAs in Fort Worth are more transactional (“here’s the offer, take it or leave it”), while others are willing to engage in back-and-forth negotiation.

Acceptance of Responsibility

One of the most important aspects of pleading guilty is the acceptance of responsibility reduction. Under U.S. Sentencing Guidelines § 3E1.1, if you accept responsibility for you’re offense by pleading guilty and demonstrating genuine remorse, you receive a 2-level reduction (and possibly an additional 1-level reduction if the offense level is 16 or higher and you plead guilty early enough).

A 3-level reduction can mean years off you’re sentence. This is a significant incentive to plead guilty rather then go to trial.

The Trial Decision: Should You Fight the Charges?

Going to trial in federal court is a high-risk decision. The government wins approximately 85% of federal trials. If you loose at trial, you dont get acceptance of responsibility points, and judges often impose sentences at the higher end of the guideline range (or above) becuase you “wasted” the court’s time and resources.

However, trial sometimes makes sense when:

• Strong suppression issues: If the evidence was obtained through an unconstitutional search or seizure, and you’re attorney can get it suppressed, the government’s case might collapse.
• Weak government evidence: If the case relies on a single unreliable witness, or if the forensic evidence is weak, trial might be worth the risk.
• Entrapment defense: If the government induced you to commit a crime you wasnt predisposed to commit.
• Identification issues: If the case involves misidentification.
• Constitutional violations: If you’re rights were violated in a way that taints the entire case.
• Mandatory minimum escape: Sometimes the only way to avoid a mandatory minimum is to win at trial (if the jury acquits on the count carrying the mandatory minimum).
• You’re actually innocent: If you genuinely didn’t commit the offense, trial is sometimes necessary even if risky.

Trial Costs

Federal trials are expensive. Attorney fees for trial preparation and a week-long trial can range from $50,000 to $200,000+. You’ll also need expert witnesses (forensic accountants, drug chemists, computer forensic experts, etc.), which can cost $10,000 to $50,000+. Investigators, jury consultants, and other trial expenses add up quickly.

Fort Worth Juries

If you go to trial in Fort Worth Division, you’re jury will be drawn from Tarrant County (and potentially surrounding counties in the division). Fort Worth juries tend to be more conservative then urban juries in some other districts, but there also diverse and include people from all walks of life.

Jury selection (voir dire) is critical. An experianced trial attorney knows how to identify jurors who might be sympathetic to the defense and how to exclude jurors who are prosecution-oriented.

Fast-Track Pleas

In some cases, particularly immigration cases, the government offers “fast-track” pleas. These are plea agreements where, in exchange for pleading guilty quickly (within a few weeks of indictment), the government recommends an additional 2-4 level reduction beyond acceptance of responsibility.

Fast-track programs are designed to move cases quickly and reward defendants who dont burden the system with lengthy pretrial litigation. However, you should never accept a fast-track plea without fully understanding the evidence and you’re defenses. Once you plead guilty, you cant undo it.

Federal Sentencing: How Your Sentence Is Calculated

If you’re convicted—weather by plea or trial—the next phase is sentencing. Federal sentencing is governed by the United States Sentencing Guidelines, which are complex, mathematical, and heavily influential (though technically advisory after the Supreme Court’s decision in United States v. Booker).

Understanding how sentencing works helps you evaluate plea offers and understand what your facing.

How the Sentencing Guidelines Work

Federal sentencing is calculated using a sentencing table with two axes: Offense Level (vertical axis, 1-43) and Criminal History Category (horizontal axis, I-VI). The intersection of these two gives you a guideline range in months of imprisonment.

Step 1: Determine the Base Offense Level

Each federal crime has a base offense level listed in the sentencing guidelines manual. For example:

• Drug trafficking: Base level depends on drug type and quantity (e.g., 500g-1.5kg of methamphetamine = level 32)
• Bank fraud: Base level depends on loss amount (e.g., $250,000-$550,000 loss = level 18)
• Illegal reentry: Base level is 8

Step 2: Apply Specific Offense Characteristics

The guidelines then add or subtract levels based off specific characteristics of how the crime was committed. These are called “enhancements.” Examples:

• Loss amount (fraud cases): The greater the loss, the higher the enhancement. $1 million in losses adds multiple levels.
• Drug quantity: Higher quantities mean higher levels.
• Weapon possession: Possessing a firearm during the offense adds 2 levels (or more if the weapon was used).
• Vulnerable victims: If the victims were elderly, children, or otherwise vulnerable, add 2 levels.
• Abuse of trust: If you held a position of trust (e.g., lawyer, accountant, corporate officer) and abused it, add 2 levels.
• Leadership role: If you were an organizer or leader, add 2-4 levels. If you were a minor participant, subtract 2-4 levels.
• Obstruction of justice: If you lied to investigators, destroyed evidence, or otherwise obstructed the investigation, add 2 levels.

Step 3: Apply Adjustments

• Acceptance of responsibility: If you plead guilty and demonstrate sincere remorse, subtract 2-3 levels. This is huge—it can mean years off you’re sentence.
• Role in the offense: Adjustments based off weather you were a leader, organizer, manager, minor participant, or minimal participant.

Step 4: Determine Criminal History Category

Points are assigned based on you’re prior convictions:

• 3 points for each prior sentence of more then 13 months
• 2 points for each prior sentence of 60 days to 13 months
• 1 point for each prior sentence of less then 60 days
• Additional points if you committed the offense while on probation, parole, or supervised release

Total points determine you’re criminal history category (I = 0-1 points, II = 2-3 points, … VI = 13+ points).

Step 5: Calculate Guideline Range

Once you have the offense level and criminal history category, you look at the sentencing table to find the guideline range. For example:

• Offense Level 26, Criminal History Category I = 63-78 months
• Offense Level 26, Criminal History Category III = 84-105 months

This is the range the judge starts with.

Mandatory Minimum Sentences

Some federal offenses carry mandatory minimum sentences that override the guidelines. The judge must impose at least the mandatory minimum, even if the guidelines calculate lower. Examples:

• Drug trafficking: 50 grams of methamphetamine = 10-year mandatory minimum. 500 grams = 20-year mandatory minimum. 5 kilograms of cocaine = 10-year mandatory minimum.
• Firearms: Using or carrying a firearm during a drug trafficking crime or crime of violence = 5-year mandatory minimum (consecutive to the underlying offense). Brandishing = 7 years. Discharging = 10 years.
• Career offender: If you have two prior convictions for crimes of violence or drug trafficking, and you’re convicted of another such offense, you’re sentenced as a career offender, which dramatically increases the guideline range.

The only way to get below a mandatory minimum is through a government-filed 5K1.1 substantial assistance motion (cooperation) or the “safety valve” (for certain first-time drug offenders who meet strict criteria).

Variance and Departure Arguments

After calculating the guideline range, judges can “depart” or “vary” from the guidelines if circumstances warrant. Departure motions are based on the guidelines themselves (e.g., “this factor wasn’t adequately considered”). Variance arguments are based on the factors in 18 U.S.C. § 3553(a), which include:

• Nature and circumstances of the offense
• History and characteristics of the defendant
• Need for the sentence to reflect the seriousness of the offense, promote respect for the law, provide just punishment, deter criminal conduct, and protect the public
• Kinds of sentences available
• Sentencing range under the guidelines
• Need to avoid unwarranted sentencing disparities

In Fort Worth, some judges grant variances more frequently then others. An experianced attorney knows which judges are more receptive to variance arguments and how to present them effectivly.

The Presentence Report (PSR)

After you plead guilty or are convicted, a probation officer prepares a presentence report. This is a detailed document that includes:

• The offense conduct (based on police reports, witness statements, and you’re version of events)
• You’re criminal history
• You’re personal background (family, education, employment, health)
• The probation officer’s calculation of the guideline range
• A sentencing recommendation

You and you’re attorney will receive a draft PSR and have the opportunity to object to factual errors or guideline calculations. These objections are critical becuase the PSR heavily influences the judge’s sentencing decision.

The Sentencing Hearing

The sentencing hearing typically occurs 90 to 120 days after conviction. At the hearing:

1. The judge resolves any objections to the PSR (factual disputes, guideline calculation disputes).
2. The government presents its position on sentencing, including any enhancements or reasons for an upward variance.
3. The defense presents its position, including mitigation evidence (family circumstances, employment history, charitable work, substance abuse treatment, mental health issues) and arguments for a downward variance.
4. Victims (if any) may present impact statements.
5. The defendant has the right to allocution—speaking directly to the judge. What you say matters. Judges want to hear genuine remorse, acceptance of responsibility, and a plan for rehabilitation. Dont make excuses, dont minimize the offense, and dont blame others.
6. The judge imposes the sentence.

Fort Worth Judge Sentencing Patterns

Different judges in the Fort Worth Division have different sentencing philosophies. Without naming specific judges, it’s accurate to say that some judges sentence within the guideline range more then 90% of the time, while others grant downward variances more frequently. Some judges are receptive to First Step Act sentence reductions, while others are more reluctant.

An attorney who practices regularly in Fort Worth federal court knows these patterns and can set realistic expectations for you.

After Sentencing: What Happens Next

Bureau of Prisons designation: After sentencing, the Bureau of Prisons decides which facility you’ll be sent to. Factors include security level, medical needs, proximity to family, and bed availability. You’re attorney can submit a request for a specific facility, but BOP makes the final decision.

Self-surrender: In many cases, the judge allows you to self-surrender to BOP rather then being taken into custody immediately. You’ll be given a surrender date (usually 30-90 days after sentencing) to report to the designated facility. This allows you time to get you’re affairs in order and say goodbye to family.

85% rule: Federal inmates must serve at least 85% of there sentence (vs. 50% in Texas state prison). There’s no parole in the federal system. You can earn “good time credits” that reduce you’re sentence by up to 15%, but that’s the maximum reduction absent a compassionate release or sentence reduction motion.

Halfway house: In the last 6 to 12 months of you’re sentence, you might be transferred to a halfway house (residential reentry center) to transition back to the community. You’ll be allowed to work and leave during the day but must return at night.

Supervised release: After you complete you’re prison sentence, you’ll be placed on supervised release for a term set by the judge (typically 3 to 5 years, sometimes longer). Supervised release is like probation—you’ll have conditions to follow, and violations can send you back to prison.

First Step Act Sentence Reductions

The First Step Act of 2018 made the Fair Sentencing Act of 2010 retroactive, which reduced the sentencing disparity between crack and powder cocaine. If you were sentenced under the old guidelines, you might be eligible for a sentence reduction.

The First Step Act also expanded “good time credits” and created programs for inmates to earn early release through participation in recidivism reduction programs. If your serving a federal sentence, consult with an attorney about weather your eligible for First Step Act relief.

Next Steps: What You Should Do Right Now

Federal criminal cases are overwhelming, terrifiying, and life-altering. The decisions you make in the next hours, days, and weeks will affect the rest of you’re life and you’re family’s lives.

Here’s what you need to do based off where you are in the process.

If You Received a Target Letter or FBI Contacted You

Contact a federal criminal defense attorney within 24 to 48 hours. You probly have 10 to 14 days before the case is presented to the grand jury, and that’s you’re only window to influence weather charges are filed. Dont wait. Dont talk to FBI without an attorney. Dont ignore the letter hoping it will go away. Act immediately.

If You Were Just Arrested

You’re family needs to start preparing the bond package immediately. Employment letters, property documents, character references, and identifying a third-party custodian—these things take time to gather, and you have only 3 to 5 days before the detention hearing. Contact an attorney immediately so they can start preparing for the initial appearance and detention hearing.

Dont talk about the case to anyone except you’re attorney. Jail calls are recorded. Letters can be read. Other inmates might be cooperating with the government. Assume everything you say is being monitored.

If You’re Considering Cooperation

Consult with an attorney before approaching the government. Cooperation decisions are strategic and must be carefully managed. You need an attorney who can negotiate the cooperation agreement, prepare you for proffer sessions, and protect you’re interests.

If You’re Evaluating a Plea Offer

Make sure you’re attorney calculates you’re guideline range and explains the plea agreement. Dont plead guilty without understanding what sentence your likely to receive and what the alternatives are (trial risk, cooperation options).

Why Fort Worth Federal Experience Matters

Not every criminal defense attorney can handle federal cases. Federal criminal law is a specialized area with unique rules, procedures, and strategies. And not every federal criminal defense attorney practices regularly in the Fort Worth Division.

An attorney who practices in the Eldon B. Mahon United States Courthouse regularly knows:

• The Assistant U.S. Attorneys in the Fort Worth office and there negotiation styles
• The magistrate judges and district judges assigned to Fort Worth Division and there sentencing patterns
• How Pretrial Services in Fort Worth conducts bond investigations
• The local rules and unwritten procedures that matter
• Which suppression arguments work in Fort Worth and which dont
• How Fort Worth juries tend to view different types of cases

This local experience matters enormously. A Dallas attorney or a Houston attorney might be excellent in there districts, but they dont have the relationships and knowledge specific to Fort Worth.

Dont hire a state criminal defense attorney who “also handles federal cases.” You need someone who practices primarily or exclusively in federal court, who understands the sentencing guidelines, who can file motions on CM/ECF, who’s admitted to practice in the Northern District of Texas, and who has appeared before Fort Worth judges many times.

Cost Transparency

Federal criminal defense is expensive becuase its time-intensive and high-stakes. Expect to pay $25,000 to $100,000+ in attorney fees, depending on the complexity of the case, weather it goes to trial, and how much investigation and expert testimony is needed. Most attorneys require a retainer upfront ($15,000 to $50,000) and then bill hourly as the case progresses.

This is alot of money. But the alternative—inadequate representation—can mean years of additional prison time, which is infinitely more costly in terms of lost income, lost time with family, and lost future opportunities.

Realistic Hope

Not every federal investigation results in charges. Not every charge results in the maximum sentence. Early intervention, proper defense, cooperation (when strategic), and effective sentencing advocacy can all make a significant diffrence.

Federal cases are terrifiying, but your not alone. Experianced federal criminal defense attorneys handle these cases every day. They no how to navigate the system, protect you’re rights, and fight for the best possible outcome.

The most important thing you can do is act quickly, hire the right attorney, and make informed decisions at every stage. This is the most important legal matter you’ll ever face.

If you’re facing federal charges in Fort Worth or are under federal investigation, contact an experianced Fort Worth federal criminal defense attorney who practices regularly in the Northern District of Texas Fort Worth Division immediately. Time is critical.

For more information about federal criminal procedure, visit the Northern District of Texas Federal Court website, the U.S. Attorney’s Office Northern District of Texas, or review the Federal Sentencing Guidelines.