Indiana Federal Crime Defense: Your Guide to Federal Charges

Indiana Federal Crime Defense: Your Guide to Federal Charges

Federal agents just knocked on you’re door. Or maybe you recieved a letter saying your a “target” of an investigation. Your heart is pounding, you can’t sleep, and you don’t know what happens next. This is not a state criminal charge—federal prosecution is a completely different beast, and the stakes are higher then you ever imagined.

In Indiana, federal cases are prosecuted in two seperate districts: the Northern District and the Southern District. Its important to understand which one handles your case because the prosecutors, judges, and even the local legal culture can effect your outcome. Federal court has a conviction rate above 90%. When the U.S. Attorney’s Office brings charges, they’ve already spent months—sometimes years—building their case against you.

This article explains what your facing, what decisions you need to make, and what actually happens in the federal criminal process. The information here is based on how federal prosecution works in Indiana in 2025, including current enforcement priorities and recent changes to sentencing rules. Whether your dealing with drug charges, white collar crimes, firearms offenses, or other federal violations, understanding the system is you’re first step toward making informed decisions.

Understanding Federal Charges in Indiana: What Makes This Different

Most people who get arrested face state charges in Indiana courts. But federal crimes are prosecuted in U.S. District Court, and the diffrence is massive. Federal cases involve federal agencies like the FBI, DEA, ATF, and IRS. The prosecutors are Assistant U.S. Attorneys who work for the Department of Justice, not the local county prosecutor. And the penalties? Their almost always more severe.

So what makes a crime “federal” instead of state? Generally, its based off these factors: the crime crossed state lines, it involved federal property or personnel, it violated specific federal statutes, or it was part of a larger conspiracy that the federal goverment decided to prosecute. Common federal charges in Indiana include drug trafficking (especially methamphetamine and fentanyl), firearms offenses, white collar crimes like fraud and embezzlement, child pornography, healthcare fraud, and tax evasion.

Indiana is divided into two federal judicial districts. The Northern District of Indiana covers the northern half of the state, with courthouses in Hammond, South Bend, Fort Wayne, and Lafayette. The Southern District of Indiana covers the southern half, with courthouses in Indianapolis, Evansville, Terre Haute, and New Albany. Where you’re case is prosecuted depends on where the alleged crime occured.

Here’s why this matters: each district has different prosecutors with diffrent priorities. The Northern District, which is close to Chicago, handles alot of drug trafficking cases involving distribution networks from Illinois. The evidence show that prosecutors their tend to be more agressive on drug conspiracys. The Southern District, based in Indianapolis, see more white collar prosecutions—healthcare fraud, wire fraud, and financial crimes. Your the one who needs to understand these geographic nuances because they effect plea negotiations, sentencing recommendations, and even which judges hear you’re case.

Federal prosecution is more serious then state court for several reasons. First, federal mandatory minimum sentences mean judges often has no choice but to impose decades in prison for certain drug weights or firearms combinations. Second, there’s no parole in the federal system—you serve at least 85% of you’re sentence. Third, federal prison is different from state prison: your typically sent far from home, sometimes to facilities in other states, making family visits nearly impossible. Fourth, the prosecutors has way more resources then state prosecutors. They can afford expert witnesses, extensive forensic analysis, and years-long investigations.

In 2025, federal enforcement priorities in Indiana has shifted somewhat. The fentanyl crisis is driving increased prosecutions for fentanyl distribution, especially cases where someone dies from an overdose. The government is using “death results” enhancements under 18 U.S.C. § 841(b)(1)(C), which carries a mandatory 20-year minimum. Healthcare fraud prosecutions are also on the rise, particularly targeting doctors and pharmacists who prescribed opioids inappropriately or billed Medicare fraudulently. And the DOJ is still prosecuting PPP loan fraud cases from the COVID pandemic—the five-year statute of limitations means charges can be filed until 2026 for pandemic-related fraud that occured in 2021.

What to Do When Federal Agents Contact You

Let’s say FBI agents show up at you’re house. Or they call your cell phone asking to “talk about something.” Or you recieve a letter saying you’re a target or subject of a federal investigation. What you do in the next 48 hours can literally determine whether you go to prison.

Here’s what you need to know, the federal agents who contact you are not you’re friends. They may seem friendly, they might say their just trying to “clear things up” or “get your side of the story,” but they already have evidence or they wouldn’t be talking to you. Anything you say can and will be used against you. And here’s the trap: lying to a federal agent is a seperate crime under 18 U.S.C. § 1001, even if your not under oath. People go to prison for false statements to federal investigators all the time—sometimes longer then the original crime their investigating.

So what should you do? Say this and nothing else: “I want to speak with an attorney before answering any questions.” Then stop talking. Don’t explain, don’t justify, don’t try to convince them your innocent. Just invoke you’re right to counsel and stay silent. Its not gonna make you look guilty—its you’re constitutional right, and anyone who knows the system does exactly this.

If federal agents execute a search warrant on you’re home or business, do not interfere, but also do not help them. You don’t have to answer questions during a search. Watch what they take, ask for a copy of the search warrant and the inventory of seized items, and contact an attorney immediantly. Don’t destroy any evidence—that’s a seperate federal crime (obstruction of justice). Just document what happened and get legal help.

If you’re arrested by federal agents, you have the right to remain silent, and you absolutley should. Under both federal law and Indiana law, the goverment can’t hold you indefinitly without charges. The 48-hour rule requires prosecutors to file charges within 48 hours of arrest, based on the U.S. Supreme Court’s decision in County of Riverside v. McLaughlin. You’ll be brought before a magistrate judge for an initial appearance, where bail (called “pretrial release” in federal court) will be decided.

One critical thing people don’t realize: the investigation has probably been going on for months or even years before agents contact you. By the time their knocking on you’re door, they’ve already interviewed witnesses, reviewed financial records, obtained wiretaps or surveillance footage, and maybe even flipped co-defendants who are cooperating against you. Your “explanation” is not going to change their mind. At this point, you need a lawyer, not a conversation with law enforcement.

The Investigation to Indictment Process: What’s Happening Behind the Scenes

Federal investigations don’t work like you see on TV. There’s no 48-hour deadline for them to file charges after starting an investigation—they can investigate for months or years without telling you. The statute of limitations for most federal crimes is five years, which means prosecutors have a long time to build their case.

Here’s how it usually works. Federal agents—FBI, DEA, ATF, IRS, or others—open an investigation based on a tip, surveillance, or evidence from another case. They start gathering evidence: financial records, phone records, surveillance, interviews with witnesses. They might use undercover agents or confidential informants. They may get wiretap authorization to record your phone calls or text messages. In 2025, the FBI is increasingly using AI-assisted analysis to review thousands of text messages and financial transactions, finding patterns that would of taken humans months to identify. I mean, seriously, they can analyze your entire digital life in a matter of days now.

At some point, prosecutors present the case too a federal grand jury. The grand jury process is secret—it happens without you or you’re attorney present. The prosecutor shows the grand jury evidence and asks them to return an indictment (formal charges). Grand juries almost always do what the prosecutor wants. The saying is that a grand jury “would indict a ham sandwich” if the prosecutor asked. Your facing a one-sided process where only the goverment’s version of events is presented.

Once the grand jury returns an indictment, you’ll be arrested or summoned to court. Sometimes indictments are “sealed,” meaning they’ve been filed but kept secret untill agents can arrest you. This is common in conspiracy cases where prosecutors want to arrest multiple people at the same time so no one can flee or destroy evidence.

Here’s the hard truth: by the time you’re indicted, several of your co-defendants have probably already cooperated with the government. In conspiracy cases, the feds typically start at the bottom of the organization and work their way up. They arrest lower-level people, offer them deals to cooperate, and use their testimony to build cases against higher-level defendants. The person who introduced you to this conspiracy? They might be working with the FBI now. Your “friend” who you discussed the crime with? He could of been wearing a wire for the last six months.

Look, here’s the deal: federal conspiracy law is brutal. Under conspiracy statutes, you’re responsible for everything your co-conspirators did in furtherance of the conspiracy, even if you didn’t know about it or participate in it. If you agreed to participate in a drug trafficking conspiracy and someone else in that conspiracy had a gun, you can be charged with firearms offenses too. If someone in the conspiracy distributed drugs that led to an overdose death, everyone in the conspiracy can face the “death results” enhancement. This is how minor participants end up with 20-year mandatory minimums.

Choosing Your Attorney: Public Defender vs. Private Counsel

So your indicted on federal charges and you need an attorney. This is probably the most important decision you’ll make in the entire process, irregardless of how the investigation started. And the first question everyone asks is: can I afford a private attorney, or should I use the federal public defender?

Let me be straight with you—this is not like state court where public defenders are often overworked recent law school graduates. Federal public defenders are highly experienced attorneys who handle complex federal cases every day. The Federal Defender offices in Indiana’s Northern and Southern Districts employ attorneys who’ve handled hundreds of federal cases. They know the judges, they know the prosecutors, and they know the system inside and out. If you qualify financially for a federal public defender, its actually a solid option.

But—and this is a big but—federal public defenders have massive caseloads. A typical federal defender might be juggling 60-100 active cases at any given time. That means they can’t give you’re case the kind of attention a private attorney with a smaller caseload can. Their gonna do a competent job, but they don’t have time for extensive investigation, multiple expert witnesses, or creative defense strategies that require dozens of hours of research.

So what does a private federal defense attorney cost? Real talk: $20,000 to $100,000 or more for a federal case is not unusual. I know that sounds insane, but here’s why its so expensive. Federal cases involve massive amounts of discovery—thousands of pages of documents, hours of recorded calls, financial analysis. You’re attorney needs to review all of it. They may need to hire investigators, forensic accountants, drug experts, or other specialists. If the case goes to trial, you’re looking at weeks of preparation and potentially a week or more of trial time. And federal attorneys who actually know what their doing charge $250-$500 per hour, sometimes more.

Most private attorneys require a retainer upfront—typically $10,000 to $25,000 just to start. This isn’t the total cost; its a deposit against future work. As the attorney works on you’re case, their hourly fees are deducted from the retainer. When the retainer runs out, you’ll need to replenish it. For a case that goes too trial, your looking at $50,000-$100,000+ easily. If its a complex white collar case with extensive financial records, you could exceed $150,000.

Now, here’s what you gotta understand: a $50,000 attorney might save you five years in federal prison. If you think of it that way, its $10,000 per year of freedom. Is that worth it? For most people, absolutley. But I’m not gonna lie to you—not everyone has that kind of money. If you don’t, the federal public defender is a legitimate option, not a desperate fallback.

Here’s the red flags to watch for when your interviewing attorneys: First, any attorney who guarantees a specific outcome is lying to you. No one can guarantee results in federal court. Second, be wary of attorneys who’ve handled mostly state cases and only a handful of federal cases. Federal practice is specialized. Third, avoid the cheapest option. An attorney charging $5,000 for a federal case either doesn’t know what their doing or plans to do the absolute bare minimum. You get what you pay for.

Questions to ask potential attorneys: How many federal cases have you handled? What percentage of you’re practice is federal criminal defense? Do you know the judges in my district? Have you handled cases like mine before? What’s you’re typical strategy for federal drug/fraud/firearms cases? Can you provide references from former clients? What’s you’re retainer, and what does it cover? Will you be the attorney actually handling my case, or will it be passed off too junior associates?

At the end of the day, whether you choose a federal public defender or a private attorney depends on you’re financial situation and the complexity of you’re case. For straightforward cases—simple drug possession, being a minor player in a conspiracy—a federal public defender can do an exellent job. For complex cases involving financial crimes, large drug conspiracies, or cases where you have specific defenses that require extensive investigation, a private attorney with time and resources is worth the investment if you can possibly afford it.

The Cooperation Decision: Do You Testify Against Others?

Okay, this is the section no one wants to talk about, but its probably the single most important decision you’ll face. Do you cooperate with the goverment against you’re co-defendants, or do you stay loyal and take you’re chances at trial or sentencing? (And this is crucial.)

Here’s the reality: 60-70% of federal defendants cooperate with prosecution to some extent. That means the majority of people facing federal charges decide that reducing their own sentence is more important then protecting others. I’m not saying this too judge anyone—its a brutal decision, and their’s no easy answer. But you need to know teh facts.

What does cooperation mean? It could mean providing information about other people’s involvement in the crime. It could mean testifying against co-defendants at trial. It could mean making recorded phone calls to targets under FBI supervision. It could mean identifying suppliers, customers, or other participants in a conspiracy. The goverment wants information they don’t already have, and their willing to pay for it with sentence reductions.

The mechanism for this is called “substantial assistance,” which is governed by U.S. Sentencing Guideline 5K1.1. If you provide substantial assistance to the goverment, they can file a motion asking the judge too depart below the sentencing guidelines—sometimes by 50% or more. I’ve seen people who were facing 20 years get sentenced too 8 or 10 years because of cooperation. In some cases, cooperation can even get you below a mandatory minimum sentence, which is otherwise impossible.

But here’s the catch: only the goverment can file a 5K1.1 motion. Your attorney can’t do it, the judge can’t do it on his own. You need the prosecutor’s approval. And prosecutors decide whether you’re cooperation is “substantial” enough based on the quality and usefulness of the information you provide. Telling them stuff they already know from other cooperators? That’s not valuable. Providing new information, testifying at trial, or helping them build cases against bigger targets? Thats substantial.

Timing matters enormously. The first person to cooperate gets the best deal. By the time you’re the fifth or sixth person offering to cooperate, the goverment already has all the information they need, and you’re cooperation is less valuable. This creates a “cooperation cascade” where everyone races to flip first. And here’s the thing—wait, actually let me explain this differently. By the time you’re arrested, 3-5 people have probably already cooperated against you. Your thinking your the first one considering cooperation, but your not. Others beat you too it.

Now let’s talk about the elephant in the room: the cultural and personal stigma of cooperating. In many communities, being a “snitch” or a “rat” is considered the ultimate betrayal. Family members might disown you. You might face threats or violence. And their’s real psychological weight too carrying the knowledge that you’re testimony sent someone to prison for years.

On the other hand, federal prison sentences are long. A 20-year sentence means you’ll be in you’re 40s or 50s when you get out. You’ll miss you’re kids growing up. You’ll loose your career, you’re home, relationships. Is loyalty worth two decades of you’re life? That’s a question only you can answer, and anyone who says its an easy decision has never faced it. At the end of the day, you gotta do what’s right for you.

What about safety concerns? If you cooperate and testify, could you or you’re family be at risk? The federal witness protection program exists, but its extreme—it means relocating, changing you’re identity, cutting ties with everyone you know. Most cooperators don’t end up in witness protection; they just cooperate, serve a reduced sentence, and hope for the best. Violence against cooperating witnesses does happen, but its less common then TV makes it seem.

Here’s what you should consider: Do you have valuable information the goverment doesn’t already have? Are you facing a mandatory minimum that cooperation could get you below? How strong is the evidence against you? Are you looking at 20+ years without cooperation? What are you’re co-defendants doing? Has anyone already started cooperating?

Bottom line: cooperation is not for everyone, but it is the only way to get significant sentence reductions in most federal cases. If you’re facing serious time and you have information to offer, you need to seriously consider it, irregardless of how it makes you feel. And if you decide to cooperate, do it early—the first to cooperate gets the best deal.

Plea Negotiations vs. Trial: Should You Fight or Fold?

Here’s a statistic that should scare you: 97% of federal criminal cases end in guilty pleas. Only about 3% go too trial. And of the cases that do go to trial, the goverment wins roughly 83% of them. So when you do the math, the overall federal conviction rate is above 90%. These are not good odds.

So why do so many people plead guilty? Its because federal prosecutors don’t bring charges unless they’re very confident they can win. By the time you’re indicted, they have months or years of evidence, cooperating witnesses, financial records, recorded conversations, and more. They’ve presented this evidence to a grand jury, and the grand jury has agreed their’s probable cause. The prosecutor isn’t bluffing—they really do have the goods on you.

At some point after indictment (usually 6-12 months in), the prosecutor will offer you a plea deal. This might involve pleading guilty to fewer charges, or pleading guilty in exchange for the prosecutor recommending a specific sentence or agreeing not too pursue certain enhancements. The plea offer is essentially a negotiated outcome: you give up you’re right to trial, and in exchange, you get some level of certainty about you’re sentence.

The alternative is going to trial. At trial, the prosecutor has to prove you’re guilt beyond a reasonable doubt to a jury. You have the right to confront witnesses, challenge evidence, and present a defense. In theory, this is you’re opportunity to fight the charges. In practice, its a huge gamble.

Here’s why: if you go to trial and loose, judges often sentence you at the high end of the sentencing guidelines range, or even above it. This is called the “trial penalty,” and although judges deny it exists, defense attorneys see it all the time. If the plea offer was 8 years and you turn it down and go to trial, you might get 15 years if convicted. Judges view defendants who go to trial and loose as unremorseful and as having wasted the court’s time and resources. Its not fair, but its real.

Additionally, if you plead guilty, you get something called “acceptance of responsibility,” which is a 3-point reduction on the sentencing guidelines. Those 3 points can mean 2-3 years less prison. But if you go too trial, you automatically loose acceptance of responsibility. So right off teh bat, going to trial costs you 2-3 years even if you’re sentence is otherwise the same.

So when does it make sense to go to trial? First, if you’re actually innocent and the evidence is weak. Second, if you’re facing a mandatory minimum sentence that the plea deal doesn’t waive, meaning you have little to loose by going to trial. Third, if you have a strong suppression motion (challenging illegally obtained evidence) and winning it would gut the government’s case. Fourth, if the prosecutor’s plea offer is unreasonable given the evidence.

Suppression motions are one of the few ways to really fight a federal case. If evidence was obtained through an illegal search, seizure, or interrogation, you’re attorney can file a motion to suppress that evidence. If the judge grants the motion, the evidence can’t be used at trial. In some cases, suppressing key evidence can lead to the goverment dismissing the charges entirely. But suppression motions are hard to win—you need to prove the agents violated you’re constitutional rights, and judges give law enforcement alot of leeway.

The timeline matters too. Federal law says you have a right to trial within 70 days of indictment under the Speedy Trial Act. But in practice, almost everyone waives speedy trial so their attorney has time to review discovery and prepare. Most federal cases take 12-18 months from indictment to trial, sometimes longer. During this time, you’ll have status hearings, motion hearings, and lots of waiting.

What should you consider when deciding whether to take a plea or go to trial? How strong is the evidence against you? Are their cooperating witnesses who will testify? Do you have a viable defense? What’s the plea offer compared to the likely sentence if you loose at trial? What’s you’re attorney’s honest assessment of you’re chances? Can you afford trial (which is much more expensive then pleading guilty)?

Bottom line: plea deals exist because they benefit both sides. The prosecutor gets a guaranteed conviction without the time and expense of trial. You get a lower sentence then you’d likely recieve if convicted at trial. For most defendants, taking a reasonable plea deal is the rational choice, even if it feels like giving up.

Federal Sentencing Reality: What You’re Actually Facing

Sentencing is where the rubber meets the road in federal court. Even if you plead guilty, the sentence you recieve depends on a complex calculation involving the U.S. Sentencing Guidelines, mandatory minimums, enhancements, and the judge’s discretion.

First, understand that the federal sentencing guidelines are no longer mandatory—they’re advisory. In the 2005 case United States v. Booker, the Supreme Court ruled that judges must consult the guidelines but are not bound by them. However, in practice, judges follow the guidelines in the majority of cases. The guidelines create a sentencing range based on two factors: the offense level (which is based on the crime and various enhancements) and you’re criminal history category (based on prior convictions).

For drug crimes, the offense level is primarily driven by drug weight. The guidelines has specific tables showing how much meth, cocaine, fentanyl, or other drugs trigger what offense level. For fraud and financial crimes, the offense level is driven by the loss amount—how much money victims lost as a result of you’re crime. For firearms offenses, the offense level depends on the type of weapon and what you did with it.

Then their are enhancements—factors that increase the offense level. Did you have a gun during a drug deal? That’s a 2-level enhancement. Were you a leader or organizer in a conspiracy? That’s a 4-level enhancement. Did someone die as a result of drugs you distributed? That’s a massive enhancement. Did you obstruct justice by destroying evidence? Another 2 levels. These enhancements add up quickly, turning a moderate sentence into a severe one.

On the flip side, their are reductions. Acceptance of responsibility (pleading guilty early and not lying) is a 3-level reduction. Minor or minimal role in a conspiracy can be a 2-4 level reduction. Safety valve (for drug crimes) allows the judge to go below mandatory minimums if you meet certain criteria.

Here’s the critical thing most people don’t realize: the presentence investigation report (PSR) is everything. After you plead guilty or are convicted, a probation officer interviews you and prepares a PSR. This report calculates you’re offense level and criminal history, recommends a sentencing range, and provides background information to the judge. Judges follow the PSR recommendation about 80% of the time. If the PSR says you’re a leader in the conspiracy, or if it calculates a higher loss amount in a fraud case, that becomes reality unless you’re attorney challenges it.

You have 14 days after receiving the PSR to file objections. This is you’re chance to dispute the facts, argue for a lower offense level, or challenge enhancements. Many defendants don’t take the PSR seriously until its to late. By the time of sentencing, the judge has usually already made up his mind based on the PSR. You’re attorney should be fighting over the PSR language like its a trial, because it basically is.

In fraud cases, the loss amount calculation is the most important factor. The difference between $100,000 loss and $200,000 loss can mean two extra years in prison. And prosecutors routinely inflate loss calculations, sometimes including “intended loss” (what you tried to steal) rather then just actual loss (what victims actually lost). You should strongly consider hiring a forensic accountant too dispute the government’s loss calculation. It costs $5,000-$15,000, but it can save you years.

Mandatory minimums are a different beast. For certain crimes, Congress has mandated minimum sentences that judges must impose. Drug trafficking charges have mandatory minimums based on drug type and quantity: 5 years for 500 grams of meth, 10 years for 5 kilograms of cocaine, 20 years if death results from drug distribution. Firearms charges have mandatory minimums if you’re a convicted felon. Child pornography has a 5-year mandatory minimum. These are minimums—the actual sentence can be much higher, but it can’t be lower unless you cooperate and the goverment files a 5K1.1 motion.

The safety valve is an exception for certain drug offenders. Under 18 U.S.C. § 3553(f), if you meet specific criteria—no prior convictions for violent crimes, no leadership role, didn’t use a weapon, didn’t cause death or serious injury, and you truthfully provided all information to the goverment—the judge can sentence you below the mandatory minimum. But you have to qualify for all the criteria, and prosecutors often argue you don’t qualify.

Judges also consider 18 U.S.C. § 3553(a) factors, which include the nature of the offense, you’re personal history and characteristics, the need to deter crime, and the need to provide you with rehabilitation. A good attorney will prepare a detailed sentencing memorandum arguing for a “variance” below the guidelines based on these factors: you’re difficult childhood, mental health issues, military service, community ties, family support, lack of prior record, etc. It doesn’t always work, but when it does, it can result in a sentence significantly below the guidelines.

Sentencing also determines where you’ll serve you’re time. The Bureau of Prisons assigns you to a facility based on you’re offense, criminal history, and security classification. Minimum-security “camps” are far better then medium- or high-security facilities. You’re attorney can advocate for a specific facility designation close to you’re family, but the BOP has final say. Certain offenses (like firearms) make you ineligible for minimum-security camps.

One last thing: judges in Indiana’s Northern and Southern Districts have different reputations. Some are known for sentencing below the guidelines, others consistently sentence at the high end. The judge you get is assigned randomly, but it has a huge impact on you’re outcome. This is another reason why having an attorney who knows the local judges is valuable—they know which arguments resonate with which judges.

After Sentencing: Appeals and Post-Conviction Options

So you’ve been sentenced, and now you’re wondering: is it over? Not necessarly. Their are several post-conviction options that can reduce you’re sentence or even overturn you’re conviction.

First, appeals. You have 14 days from the date of sentencing to file a notice of appeal. If you miss this deadline, you waive you’re right to appeal. Federal appeals are heard by the U.S. Court of Appeals (the Seventh Circuit for Indiana cases). The appeals court reviews the trial court record for legal errors. They don’t reweigh evidence or reconsider facts—they only look at whether the judge made mistakes of law.

What issues can be appealed? Sentencing errors (judge miscalculated the guidelines), evidentiary rulings (judge allowed inadmissible evidence), jury instructions (judge gave incorrect instructions), suppression motion denials (judge wrongly denied you’re motion to exclude evidence), and more. If you pleaded guilty, you’re appeal options are much more limited, usually just sentencing issues. If you went to trial, their are potentially many issues to appeal.

Federal appeals succeed about 7-10% of the time. Most appeals are denied. But when they succeed, the results can be significant: a new trial, a new sentencing hearing, or even dismissal of charges. Its worth filing a notice of appeal to preserve you’re rights, and then having an attorney evaluate whether the appeal has merit. You can always dismiss the appeal later if its not viable.

Another post-conviction option is a Rule 35 motion for sentence reduction based on substantial assistance. Even after you’re sentenced, if you provide new information or cooperation to the goverment, they can file a Rule 35 motion asking the judge to reduce you’re sentence. This can happen up to a year after sentencing. I’ve seen defendants cooperate after sentencing when they realize how harsh federal prison is, and get their sentence cut in half.

Compassionate release is another option, though its difficult to obtain. Under 18 U.S.C. § 3582(c)(1)(A), you can petition for early release if you’re terminally ill or have “extraordinary and compelling reasons.” Before COVID, compassionate release was almost never granted. But in 2025, courts have been more willing to grant it, especially for elderly defendants, defendants with serious medical conditions, or defendants who have served a substantial portion of their sentence and have shown rehabilitation. You generally need to have served at least 50% of you’re sentence to be eligible, and you must exhaust administrative remedies (ask the BOP first) before petitioning the court.

The Bureau of Prisons also offers programs that can reduce you’re sentence. The Residential Drug Abuse Program (RDAP) is a intensive 9-12 month substance abuse treatment program. If you complete it, you can get up to one year off you’re sentence. However, not everyone is eligible—certain offenses disqualify you, and their are waitlists at many facilities.

Finally, their’s halfway house placement. Towards the end of you’re sentence (typically the last 6-12 months), you may be eligible for transfer to a halfway house or home confinement. This allows you to work, be with family, and reintegrate into society before you’re sentence officially ends. You’re attorney can advocate for maximum halfway house time in the sentencing memorandum.

After you’re released from prison, you’ll be on supervised release (federal probation) for a period of years. This is serious—if you violate the conditions of supervised release, you can be sent back to prison. Conditions typically include drug testing, employment requirements, travel restrictions, and regular meetings with a probation officer. Many people violate supervised release and end up back in federal prison, so take it seriously.

Immediate Action Steps: What to Do Right Now

If federal agents have contacted you, or if you believe you’re under investigation, here’s what you need to do immediatly:

1. Do not talk to federal agents without an attorney present. Invoke you’re right to counsel. Say: “I want to speak with an attorney before answering any questions.” Then stop talking. Don’t try to explain, don’t try to convince them your innocent. Just stay silent.

2. Do not lie to federal agents. Lying to a federal investigator is a seperate crime (18 U.S.C. § 1001) that carries up to 5 years in prison. If agents ask you questions and you don’t want to answer, invoke you’re Fifth Amendment right to remain silent. But never, ever lie.

3. Do not destroy evidence. Deleting emails, shredding documents, wiping your phone, or destroying any evidence is obstruction of justice, which is another federal crime. Even if the evidence is incriminating, destroying it will only make things worse. If agents execute a search warrant, let them take what their going to take. Don’t interfere.

4. Document everything you remember. Write down a timeline of events while you’re memory is fresh: dates, people involved, conversations, transactions. This will be invaluable for you’re attorney. But keep these notes secure and private—they may be discoverable if you’re arrested.

5. Contact a federal criminal defense attorney immediately. Don’t wait. The earlier you involve an attorney, the more options you have. In some cases, an attorney can intervene before charges are filed and convince prosecutors not to indict you. Once you’re indicted, its much harder to make the case go away.

6. Preserve your financial resources. Federal defense is expensive. If you have assets, don’t spend them frivolously. You may need $20,000-$100,000 or more for legal defense. Consider whether you qualify for a federal public defender (based on income and assets), or whether you need to find a way to pay for a private attorney.

7. Determine which federal district you’re in. Are you in the Northern District (Hammond, South Bend, Fort Wayne, Lafayette) or the Southern District (Indianapolis, Evansville, Terre Haute, New Albany)? This affects which U.S. Attorney’s Office is prosecuting you, which judges will hear you’re case, and which Federal Defender office you’d qualify for. Make sure you’re attorney has experience in the specific district handling you’re case.

Federal charges are terrifying, and the system is designed to pressure you into pleading guilty. But understanding the process, knowing you’re options at each decision point, and having experienced legal representation can make a huge diffrence in the outcome. The earlier you act, the more leverage you have. Don’t wait—get help now.