Georgia Federal Crime Defense: Navigating the Northern and Middle Districts

Georgia Federal Crime Defense: Navigating the Northern and Middle Districts

Federal agents just contacted you. Maybe its the FBI at you’re door at 6 AM, or a target letter in your mailbox, or a phone call from an Assistant U.S. Attorney whose name you don’t recognize. Your heart is pounding, your palms are sweating, and your mind is racing through every possible thing you might of done wrong. This is not state court—this is the federal system, where the rules are different, the stakes are higher, and the conviction rate hovers above 90%. And if your in Georgia, you need to understand something critical: there’s three seperate federal districts operating in this state, each with it’s own prosecutors, judges, and enforcement priorities.

The Northern District in Atlanta handles white collar crime and public corruption. The Middle District spread across 108 counties from Macon to Columbus prosecutes drug trafficking along Interstate 75. The Southern District in Savannah focuses on port-related smuggling and coastal drug operations. Where you’re charged matters as much as what your charged with. And right now, in 2025, federal prosecutors in Georgia are ramping up enforcement on pandemic-era fraud, cryptocurrency operations, fentanyl distribution, and unlicensed firearms—each carrying mandatory minimum sentences that judges have no discretion to reduce.

The next 48 hours determines everything. What you say to agents, whether you turn over your phone, if you agree to a “proffer” meeting—these decisions create a record that can’t be undone. Federal cases usually begin months or even years before arrest, which means prosecutors have already assembled evidence you haven’t seen. They know more then you think they know. According to the U.S. Attorney’s Office for the Northern District of Georgia, the conviction rate in federal court exceeds 93%, with most defendants pleading guilty rather than going to trial. This isn’t a system designed for second chances—its a system that rewards early cooperation and punishes those who fight.

First 48 Hours: What To Do Right Now

If FBI agents show up at your door, you have one job: say nothing except “I want to speak with my attorney.” Don’t let them inside without a warrant. Don’t answer “just a few questions.” Don’t try to explain your way out of whatever they think you did. Agents are trained to build rapport, to make you feel like cooperation will help, to suggest that hiring an attorney makes you look guilty. None of that is true. Anything you say will be documented in an FD-302 form and used against you. And agents can legally lie to you—they can say they have evidence they don’t have, that co-defendants already cooperated, that you’re in more trouble then you actually are.

Here’s the script: “I want to speak with my attorney. I’m not answering questions. Am I under arrest or am I free to go?” That’s it. Don’t elaborate. Don’t apologize. Don’t try to seem helpful. One defendant in Atlanta—a healthcare billing consultant—thought she was just “clearing things up” when she spoke to agents for 30 minutes without counsel. She inadvertantly admitted to knowing about false claims that her employer submitted, and that single conversation became the cornerstone of the government’s conspiracy case against her. She received 41 months in federal prison.

If you recieved a target letter, understand what it means. The Assistant U.S. Attorney has sent you written notice that your the target of a grand jury investigation. This is not an invitation to explain yourself. Its a warning that indictment is likely coming. The letter will sometimes offer you a chance to testify before the grand jury or participate in a proffer session. Do not do either without an attorney—preferably one with experience in your specific district. Target letters typically mean the government has already decided to charge you; their offering you a chance to cooperate or provide information that might influence sentencing later. But that’s a strategic decision you can’t make in a vacuum.

If your served with a grand jury subpoena, comply with it—but have an attorney review it first. Subpoenas can request documents, electronic records, or testimony. The Fifth Amendment protects you from self-incrimination, but it doesn’t protect you from producing documents (unless the act of production itself is incriminating, which is a complex legal question). An attorney can negotiate the scope of the subpoena, assert privileges, and ensure your not inadvertantly handing over evidence that implicates you. One business owner in Macon received a subpoena for “all financial records from 2019-2023.” His attorney narrowed the request to specific categories, excluding records that would of revealed unrelated tax issues.

If agents arrest you, the next 72 hours are critical. You’ll appear before a federal magistrate judge for an initial appearance and detention hearing. This hearing determines whether you’re released on bond or detained pending trial. Here’s what most people don’t understand: if your detained, your 85% likely to plead guilty. Why? Because you can’t help with your defense from jail. You can’t meet with your attorney regularly, review discovery, locate witnesses, or maintain your job and family responsibilities. Detention is a de facto guilty plea for many defendants. The magistrate judge will consider whether your a flight risk or a danger to the community. Your attorney needs to present a release plan: third-party custodian, GPS monitoring, restricted travel, surrender of passport. In the Northern District, magistrate judges vary widely—some release non-violent defendants routinely, others detain almost everyone. Your attorney should know which judge your appearing before and tailor the argument accordingly.

One more thing—and this is crucial—don’t destroy evidence. Even if your panicking, even if you think deleting emails or texts will help, don’t do it. Obstruction of justice carries it’s own federal charges, and prosecutors love piling on obstruction counts because they signal consciousness of guilt. But also, don’t voluntarily hand over your phone, laptop, or documents without a subpoena or warrant. Once the government has them, they can search them for evidence of any crime, not just the one their investigating. Let your attorney negotiate what gets turned over and when.

Georgia’s Three Federal Districts: Why Location Matters

Alot of defendants don’t realize that Georgia isn’t just one federal court—its three distinct districts, each with different cultures, resources, and prosecutorial priorities. Where your case gets filed can effect everything from plea offers to sentencing outcomes. And in some situations, if your attorney gets involved early enough, venue can be influenced before charges are even filed.

The Northern District of Georgia, headquartered in Atlanta, is the major leagues. It has 11 active district judges plus six senior judges, and it handles over 3,500 criminal cases annually. The U.S. Attorney’s Office here is staffed with aggressive prosecutors, many of whom are gunning for positions at Main Justice in Washington. They have the resources to take weak cases to trial, so bluffing doesn’t work as well as it might elsewhere. The Northern District focuses heavily on white collar crime—securities fraud, healthcare fraud, pandemic relief fraud (PPP loans, EIDL loans), tax evasion, and public corruption. If your case involves financial crimes in metro Atlanta, this is where you’ll land. The judges here follow sentencing guidelines closely, though there are a few defense-friendly appointees who will grant suppression motions if the government overreaches. For more information, see the Northern District of Georgia Courts website.

The Middle District of Georgia, centered in Macon, is different. It covers 108 counties—the largest geographic area—but has only four active judges and three senior judges. The caseload is around 900 criminal cases per year, and the U.S. Attorney’s Office has a smaller staff. This means prosecutors pick their battles more carefully. If your case involves conduct that touches multiple districts, an experienced attorney might be able to influence whether charges get filed in the Middle District versus the Northern. Prosecutors here are more likely to dismiss weak cases pre-indictment or offer pragmatic plea deals. The Middle District handles alot of drug trafficking cases along the I-75 corridor, firearms violations, bank robberies, and methamphetamine production in rural counties. Judges exercise more discretion here and will vary from sentencing guidelines when the facts warrant it. Visit the Middle District of Georgia Courts website for court locations and local rules.

The Southern District of Georgia, based in Savannah, covers 43 coastal counties and handles around 1,200 criminal cases annually. It has three active judges and four senior judges. This district specializes in port-related offenses—drug smuggling through the Port of Savannah, international trafficking conspiracies, immigration violations, and crimes involving military personnel (Fort Stewart and Hunter Army Airfield are within the district). Prosecutors here are tough on drug cases, assuming international cartel connections even for low-level defendants. However, white collar defendants often get better plea deals in the Southern District than they would in Atlanta. Check the Southern District of Georgia Courts website for procedures and filings.

Here’s why this matters: Federal law allows charges to be filed wherever the crime was committed, where the conspiracy was formed, where any overt act occured, or where the defendant resides. So if you ran a healthcare billing scheme with offices in Atlanta, patients in Macon, and a billing company in Savannah, the government could theoretically charge you in any of the three districts. Your attorney’s relationships with specific U.S. Attorney’s Offices, knowledge of judge tendencies, and understanding of local practices can influence where charges get filed—if they get involved during the pre-indictment phase. This is one of the most underutilized strategies in federal defense, and most defendants never even know it was an option.

Judge assignment is random within each district, but it’s not insignificant. Some judges are former prosecutors who give the government the bennefit of the doubt. Others are former defense attorneys or public defenders who scrutinize law enforcement more carefully. Some judges impose sentences at the top of the guideline range; others vary downward routinely. Your attorney should research the judge assigned to your case—what motions does he grant? What arguments does she find persuasive? How does he treat cooperation? This intel shapes every strategic decision from plea negotiations to trial preparation.

What Federal Prosecutors Are Targeting in 2025

If you think pandemic fraud investigations ended in 2022, your wrong. The Department of Justice announced in January 2025 that it has at least three more years of active PPP and EIDL loan fraud prosecutions in the pipeline. In Georgia’s Northern District, prosecutors aren’t just going after primary applicants anymore—their targeting “second-layer” conspirators who helped prepare false tax returns, notaries who authenticated fraudulent documents, accountants who signed off on bogus payroll figures, and bank employees who turned a blind eye to suspicious applications. If you were anywhere near a PPP loan application between 2020 and 2021, even as a consultant or reference, you could still recieve a target letter in 2025 or 2026. The government is using data analytics to identify anomalies: companies that claimed 50 employees but paid no payroll taxes, businesses that shutdown six months after recieving loans, loans deposited into personal accounts and used for luxury purchases.

Cryptocurrency enforcement has exploded. In late 2024, the Northern District partnered with IRS Criminal Investigation and the FBI to create a dedicated crypto task force. Unlike earlier prosecutions (mostly tax evasion), the 2025 focus is on mixers and tumblers—services like Tornado Cash that obscure the source of funds. Their also prosecuting unlicensed money transmission: individuals operating peer-to-peer exchanges on LocalBitcoins or Paxful without state and federal licenses. Even NFT wash trading (artificially inflating values by buying and selling to yourself to create collateral for loans) is now on the radar. Atlanta’s tech scene has made it a target-rich enviroment. If you’ve ever bought, sold, or mined cryptocurrency without reporting it properly, or if you’ve used privacy tools to hide transactions, you need to consult with an attorney familiar with the Bank Secrecy Act requirements before the government shows up.

Fentanyl death prosecutions are the new frontier. In 2024, prosecutors in the Middle and Southern Districts began aggresively charging drug dealers under 21 U.S.C. § 841(b)(1)(C) when their product results in someone’s death. This statute triggers a mandatory 20-year minimum sentence—no judicial discretion, no way around it. And prosecutors are applying it even when the buyer mixed fentanyl with other drugs, when the death occured days after purchase, or when the dealer didn’t know the substance contained fentanyl. If you sold what you thought was heroin or cocaine, and it turned out to contain fentanyl, and someone died, your looking at two decades minimum. The government doesn’t have to prove you intended to kill anyone—just that you distributed the drug and death resulted. For more on this statute, see the Federal Sentencing Guidelines Manual section on drug offenses.

Federal “ghost gun” prosecutions have ramped up across all three districts. Possessing an unserialized firearm—commonly called a ghost gun—is now being charged as a federal felony, even for defendants with no prior criminal history. The ATF is using postal intercepts (packages from Polymer80, 80% Arms flagged at distribution centers), traffic stops along I-75 and I-95 where state troopers coordinate with federal agents, and social media posts showing builds on Instagram or Facebook. What feels like a legal hobby—building firearms from 80% kits at home—is now a federal prosecution priority. If agents find an unserialized firearm in your home, your facing charges under 18 U.S.C. § 922, and prosecutors will argue your part of a broader untraceable weapons problem.

So what does all this mean for you? If your situation involves any of these red-flag areas, the likelihood of federal prosecution (rather than state) goes way up. Federal cases are more serious, more resource-intensive, and carry harsher penalties. But they also have more procedural protections, more discovery obligations, and more opportunities for pretrial motions. An experienced federal defense attorney knows how to exploit these advantages.

The Cooperation Trap: Should You Help The Government?

Your attorney just told you that cooperation is your “best option.” The prosecutor has offered a 5K1.1 motion—a sentence reduction if you provide substantial assistance to the government. They want you to testify against your business partner, your co-defendant, maybe even a family member or freind. Your terrified of being labeled a snitch. Your torn between loyalty and self-preservation. And nobody’s telling you the truth about what cooperation actually looks like or whether it will even help.

Here’s what most defense attorneys won’t say: only about 15% of defendants who cooperate recieve meaningful sentence reductions. The government has sole discretion to file a 5K1.1 motion. Even if you cooperate fully, sit for debriefings, testify at trial, they don’t have to file the motion. They might decide your information wasn’t valuable enough. They might decide they don’t need you because they already have other witnesses. Or they might file a motion but recommend only a minimal reduction. You have no recourse—no appeal, no remedy. You’ve spent months cooperating, destroyed relationships, put yourself at risk, and you might get nothing in return.

And here’s the other thing: once you start cooperating, you can’t stop. If you refuse to testify after proffer sessions, the government can charge you with obstruction of justice. Your stuck. And under discovery rules, your co-defendants will eventually learn that you cooperated. The government has to disclose witness lists and statements. Even if your name is redacted initially, skilled defense attorneys can figure out who provided information. So the idea that cooperation is secret is a myth. Your co-defendants will know. And depending on the nature of the case, that could have consequences outside the courtroom.

Proffer agreements—sometimes called “queen for a day” agreements—are traps for the unwary. The government offers you immunity for what you say during the proffer session, and your attorney presents this as a safe way to explore whether you have valuable information. But read the fine print: the proffer statement can’t be used against you at trial, but it CAN be used for sentencing and impeachment. So if you proffer, then decide not to cooperate, and you go to trial and testify, the government can use your proffer statement to impeach you. And if you’re convicted, the government can use your proffer statement to argue for a harsher sentence because you lied or minimized your conduct. Proffering without a clear strategy is Russian roulette. For more on cooperation procedures, review Federal Rule of Criminal Procedure 11(c).

So when does cooperation make sense? If your facing a mandatory minimum—say, 10 or 20 years—and cooperation is the only way to get below that mandatory floor, it might be worth it. If your truly a low-level player who has high-value information about higher-ups, you might have leverage. If your the first person to cooperate (the government rewards early cooperators disproportionately), you might get a substantial reduction. But if your a mid-level defendant with information the government already has, or if your facing a guidelines range of 24-30 months and cooperation might get you to 18-24 months, is that worth the personal cost? Thats a decision only you can make, but you need to understand the odds before you make it.

Look, I’ve seen defendants cooperate—fully, honestly, testifying at trial—and get 5K1.1 motions that resulted in 10-20% sentence reductions. I’ve also seen defendants cooperate and get nothing because the government decided the information wasn’t as valuable as they initially thought. The uncertainty is brutal. And most defense attorneys push cooperation because it makes their job easier—negotiating a plea based on cooperation is simpler than fighting the case. But easier for your attorney doesn’t mean better for you. You need to ask hard questions: What information do I have that the government doesn’t already have? How many other cooperators are there? What’s my sentence exposure with and without cooperation? Can you show me examples of 5K1.1 reductions in similar cases in this district?

And one more thing—cooperating doesn’t just mean answering questions. It often means wearing a wire, making recorded phone calls, participating in controlled buys, setting up meetings. It means living a double life for months while the investigation continues. It means lying to people you know. Its exhausting, psychologically damaging, and risky. If you slip up—say the wrong thing, tip someone off inadvertantly—the deal is off and you could face additional charges. Make sure you know what your signing up for before you agree to anything.

Private Attorney vs Federal Public Defender: The Real Story

Your spouse is begging you not to liquidate the retirement accounts. Your looking at a $75,000 retainer from a private attorney, and the federal public defender is free if you qualify. Your scared that a free attorney won’t fight as hard, that you get what you pay for, that this is too important to cheap out on. So let’s talk about the truth nobody wants to say out loud.

Federal public defenders are excellent attorneys. I’m not talking about overworked state public defenders handling 300 misdemeanor cases—I’m talking about the Federal Defender Program, which is funded seperately and staffed with experienced trial lawyers. Georgia’s federal public defender offices (especially in the Northern District) employ attorneys who have more federal trial experience then most private attorneys in the state. They have better relationships with prosecutors because their repeat players in the system. They have access to investigators, paralegals, sentencing specialists, and expert witnesses. If your charged with a federal crime and you qualify financially for appointed counsel, your getting legitimate expertise.

The qualification threshold is based on income and assets. If your household income exceeds about $60,000-$70,000 annually (depending on family size) or if you have significant assets, you won’t qualify. But if you do qualify, here’s what you get: an attorney who handles 100-150 federal cases per year, who knows the judges and magistrates, who’s tried dozens of cases in that courthouse, and who has institutional knowledge about what works and what doesn’t. That’s nothing to sneeze at.

The downside? Federal public defenders are overworked. They can’t give you the white-glove service a private attorney can. You’ll have trouble reaching them on weekends. They won’t meet with you as often as you’d like. They won’t handhold you through the emotional trauma of prosecution. They won’t return your spouse’s calls promptly. If you need alot of personal attention, reassurance, and availability, a private attorney is worth the money. But if you want expertise, trial skills, and someone who knows the system inside out, the FPD is a strong option.

Private attorneys typically charge $75,000 to $150,000+ for a federal trial, depending on complexity. For a case that resolves with a plea agreement, expect $25,000 to $50,000. Hourly rates in metro Atlanta range from $350 to $750 per hour. Most private attorneys require a retainer upfront—$10,000 to $25,000 is common—and then bill against it. Once the retainer is exhausted, you replenish it. Some attorneys offer payment plans or accept credit cards, but federal defense work is expensive because its time-consuming. Discovery in federal cases can be thousands of pages; legal research is extensive; sentencing preparation alone can take 40+ hours. For context, see this breakdown from the National Association of Criminal Defense Lawyers on federal defense costs.

There’s a middle option: hiring a mid-tier private attorney for $30,000 to $50,000. These are often solo practitioners or small firms with federal experience who don’t have the overhead of large firms. They can give you more attention then a public defender and charge less then the big names. The key is vetting their federal experience—don’t hire someone who “mostly does state cases but handles federal too.” You want someone who has tried federal cases in your district, who knows the judges, who understands sentencing guideline calculations, and who has relationships with the U.S. Attorney’s Office.

So how do you decide? If you have the resources and the case is complex, hire a private attorney. If your financially strapped and you qualify for the FPD, take it—your not sacrificing quality. If your somewhere in between, consult with both and see who inspires more confidence. Ask these questions: How many federal trials have you done? What’s your win-loss record on motions to suppress? What sentence reductions have you negotiated in cases like mine? Can you give me references from past clients? The answers will tell you alot.

Sentencing Guidelines: The Numbers Aren’t Destiny

The Assistant U.S. Attorney just told your attorney that “your looking at 87 to 108 months under the guidelines.” Seven to nine years in federal prison for what you did—or what they say you did. It sounds insane. Your panicking. Your attorney is explaining offense levels and criminal history categories, and none of it makes sense. You don’t know if this is real or if the government is bluffing to scare you into a plea.

Here’s what you need to understand: The Federal Sentencing Guidelines calculate a sentencing range based on your offense level (determined by the crime and specific offense characteristics) and your criminal history category (based on prior convictions). The judge adds up points, consults a table, and arrives at a range—say, 87 to 108 months. That’s the guideline range. Before 2005, judges were required to sentence within that range. But in United States v. Booker, the Supreme Court made the guidelines advisory, not mandatory. Judges must calculate the range and consider it, but they can vary upward or downward based on the facts of the case and the defendant’s characteristics. For the full decision, see the Booker opinion.

Here’s the data: according to the U.S. Sentencing Commission’s 2024 Sourcebook, only 52% of federal sentences fall within the calculated guideline range. Thirty-one percent are below the range (usually because of government-sponsored variances for cooperation), and 17% are above the range (upward variances for egregious conduct). So when the prosecutor says “87 to 108 months,” that’s not necessarily what your getting—its the starting point for negotiation and argument.

Judges can vary downward for all sorts of reasons: extraordinary family circumstances (your the sole caretaker for a disabled child or elderly parent), serious medical conditions (your dying of cancer, your mentally ill), over-representation of criminal history (one old conviction inflates your score disproportionately), lack of criminal sophistication (you made a mistake, you didn’t run a criminal enterprise), post-offense rehabilitation (you’ve been sober for two years, you’ve done community service, you’ve made restitution), or unwarranted sentencing disparities (showing that other defendants with similar conduct received much less). A skilled sentencing attorney will research comparable cases, compile mitigation evidence, and argue for a variance. It doesn’t always work—some judges stick to the guidelines religiously—but its worth trying.

There’s also “acceptance of responsibility,” which is a 2-3 level reduction in your offense level if you plead guilty early and admit what you did. That reduction can translate to years off your sentence. For example, dropping from offense level 26 to offense level 23 can reduce your guideline range from 63-78 months to 46-57 months. That’s over a year in practical terms. But you only get acceptance of responsibility if you plead guilty before trial—if you go to trial and lose, you don’t get it. This is one of the ways the system incentivizes guilty pleas.

Now, here’s the hard part: mandatory minimum sentences. Some federal crimes carry mandatory minimums that judges cannot reduce, no matter what. Drug trafficking offenses often have 5-year, 10-year, or 20-year mandatory minimums depending on the drug type and quantity. Firearms offenses can have 5-year consecutive minimums (meaning stacked on top of other sentences). Child pornography offenses have 5-year or 10-year minimums. If your facing a mandatory minimum, the ONLY way to get below it is if the government files a motion for substantial assistance (cooperation) or if you qualify for the “safety valve” (a provision for first-time, low-level drug offenders). Mandatory minimums are brutal, and they take discretion away from judges. This is why cooperation becomes tempting for defendants facing mandatory time—they feel they have no choice.

Then there’s the trial penalty. If you go to trial and lose, you don’t get acceptance of responsibility (that’s 2-3 levels gone). The government might argue for enhancements they would have waived in a plea deal. The judge might view your lack of remorse negatively. Studies show that defendants who go to trial and are convicted recieve sentences that are 3 to 5 times longer then defendants who plead guilty to similar charges. Is that fair? No. Is it real? Absolutely. Judges and prosecutors don’t like defendants “wasting their time” with trials, and the system punishes you for exercising your constitutional right to trial. It’s one of the most unjust aspects of federal sentencing, but you need to know it exists before you decide whether to fight your case.

There’s one more advanced strategy most defendants never hear about: 11(c)(1)(C) pleas. This is a plea agreement where the government and defendant agree to a specific sentence, and the judge either accepts or rejects the entire deal. If the judge accepts, that’s your sentence—no guideline calculation, no variance argument. These pleas are rare and require significant negotiation leverage, but they “lock in” sentences below the guideline range. An experienced federal defense attorney with strong relationships in the U.S. Attorney’s Office can sometimes negotiate these deals, especially if the case is filed pre-indictment or if there are weaknesses in the government’s case.

Questions To Ask Your Attorney

You’ve hired an attorney or your considering one. How do you know if their competent? What should you expect? Here are the questions you should be asking—and the answers you should be getting.

1. How many federal cases have you tried (not just handled)?
There’s a big difference between “handling” federal cases (negotiating plea deals) and actually trying them. If your case might go to trial, you need someone whose done it before. Ask for specific numbers: How many federal trials have you done? What were the outcomes? In which districts? If they hesitate or give vague answers, that’s a red flag.

2. What’s your relationship with this specific AUSA and judge?
Prosecutors and judges are human beings with patterns, preferences, and relationships. An attorney who practices regularly in your district knows which AUSAs are reasonable, which judges grant suppression motions, and which magistrates release defendants at detention hearings. If your attorney has never practiced in your district, they’re flying blind.

3. What’s my realistic sentencing range, not just the guidelines?
Any attorney can calculate the guideline range—that’s math. But an experienced attorney knows what sentences this particular judge imposes in similar cases. They know what variances are realistic. They know what cooperators actually get versus what the government promises. Ask: What sentences have you seen in cases like mine, in front of this judge, in this district?

4. Should we file a declination request, and if so, when?
If your not indicted yet, there might be an opportunity to persuade the U.S. Attorney’s Office to decline prosecution. Not every attorney knows how to do this, and not every case qualifies, but you should at least ask if its an option. A declination request brief argues that the case is weak, lacks sufficient federal interest, or involves constitutional issues. If your attorney has never mentioned this possibility, ask why.

5. What’s your payment structure, and what happens if I run out of money?
Get this in writing. How much is the retainer? What’s your hourly rate? What expenses are billed seperately (investigators, expert witnesses, transcript costs)? What happens if the retainer is exhausted mid-case? Some attorneys will work out payment plans; others will withdraw if you can’t pay. You need to know this upfront so there’s no surprises.

6. How often will we communicate, and how quickly will you respond?
Federal cases are slow, and there will be weeks where nothing happens. But you should still hear from your attorney regularly—status updates, discovery reviews, strategic discussions. Ask: Will I get weekly updates? Will you respond to emails within 24 hours? Can I text you in an emergency? Set expectations now.

7. What’s the magistrate judge’s detention pattern?
If you’ve been arrested or expect to be, the detention hearing is critical. Some magistrate judges release non-violent defendants routinely; others detain almost everyone. Your attorney should know this and tailor the detention argument accordingly. If they don’t know, that’s a problem.

8. Should I cooperate, and why or why not?
Don’t accept “cooperation is your only option” as an answer. Ask: What information do I have that the government doesn’t already have? What’s the realistic sentence reduction if I cooperate? How many other cooperators are there? What are the risks if I cooperate and it doesn’t pan out? A good attorney will walk you through the calculus, not just push cooperation because its easier for them.

9. What are the odds of dismissal vs plea vs trial vs conviction?
No attorney can predict the future, but they should be able to give you realistic probabilities based on the evidence, the judge, and their experience. If they promise you an outcome, be skeptical. If they refuse to give you any sense of likelihood, that’s also a red flag. The right answer sounds like: “Based on similar cases in this district, I’d say theres a 10% chance of pretrial dismissal on a motion to suppress, a 60% chance we negotiate a reasonable plea, and a 30% chance we go to trial, where the conviction rate is about 80%.”

What Happens Next

If your reading this, your probably at the beginning of a long, stressful process. Federal cases don’t move quickly—expect 6 to 18 months from indictment to resolution, sometimes longer if the case goes to trial. Here’s the typical timeline: Investigation (months or years before you even know about it), target letter or arrest (now your aware), initial appearance and detention hearing (within 72 hours of arrest), arraignment (where you plead not guilty), discovery (the government turns over evidence), pretrial motions (suppression, dismissal), plea negotiations or trial preparation, and finally sentencing (if you plead or are convicted). Every stage has strategic decisions, and every decision has consequences that ripple through the rest of the case.

If your still in the investigation phase—you received a target letter or agents contacted you but you haven’t been arrested—act now. This is the window where you have the most leverage. An attorney can negotiate with prosecutors before indictment, potentially influencing the charges or even securing a declination. Once your indicted, your options narrow. Once your arrested, they narrow further. Time is not on your side.

Get a consultation even if you haven’t been charged yet. Most federal defense attorneys offer initial consultations (some free, some for a nominal fee). Bring any letters, subpoenas, or documents you’ve received. Be honest about what happened—attorney-client privilege protects you, and they can’t help if they don’t know the truth. The attorney will assess your exposure, explain the process, and outline potential strategies. Then you can decide whether to retain them or keep looking.

And here’s the most important thing: don’t talk to anyone about your case except your attorney. Not your spouse (spousal privilege has limits). Not your business partner (no privilege). Not your freind or pastor or therapist (no privilege unless its a licensed mental health professional). Don’t post on social media. Don’t text about it. Don’t email about it. The government can subpoena all of that. Every conversation is a potential witness against you. Silence isn’t guilt—its intelligence. For more information on your rights during federal investigations, review the Fifth Amendment protections explained by Cornell Law.

Federal charges are terrifying, but their not insurmountable. People beat federal cases. People get charges dismissed on Fourth Amendment grounds. People negotiate reasonable plea deals. People win at trial. It happens—but it requires the right attorney, the right strategy, and the right decisions at every stage. You can’t undo what’s already happened, but you can control what happens next. Don’t wait. Don’t panic. Get help, get informed, and protect your rights.