Federal Criminal Defense Lawyer in Sacramento

What to Expect During a Federal Investigation

A federal case may begin months or years before an arrest, with an investigation involving the FBI, DEA, IRS Criminal Investigation, Homeland Security Investigations, or another agency. The appropriate response depends on whether the person is considered a witness, subject, target, or charged defendant and what investigators are requesting.

Federal investigative activity may include:

• Agent Contact: Investigators may request an interview at a home, workplace, or agency office. You don’t have to treat an unexpected request as an informal conversation.
• Subpoenas: A subpoena may demand testimony, documents, electronically stored information, or other records by a specified deadline.
• Target Letters: A target letter may notify someone that prosecutors believe substantial evidence links that person to a suspected federal offense.
• Search Warrants: Agents may seize computers, phones, documents, account information, and other materials identified in a warrant.
• Grand Jury Proceedings: A federal grand jury may review evidence and decide whether probable cause supports an indictment.

Don’t destroy, alter, or conceal documents or electronic information after learning about an investigation. Avoid discussing the matter with coworkers, potential witnesses, or other people connected to it. We can assess the contact, review available documents, communicate with investigators when appropriate, and evaluate how the government appears to be developing its case.

Federal Criminal Court Procedure

After charges are filed, a federal case may proceed through an initial appearance, arraignment, detention hearing, discovery, pretrial motions, plea discussions, and trial preparation. The exact sequence and timing depend on the charges, court orders, evidence, and issues raised by the parties.

Indictment & Arraignment

An indictment is a formal charging document returned by a grand jury. At arraignment, the charges are presented and the defendant enters a plea. Counsel can also begin addressing discovery, scheduling, release conditions, and legal issues that may require pretrial motions.

Release and Pretrial Detention

The Bail Reform Act governs federal release and detention decisions. A judge may consider flight risk, danger, criminal history, community ties, and whether proposed conditions could reasonably address the court’s concerns. Because a detention hearing may occur early, counsel often has limited time to gather records and prepare a release proposal.

Discovery and Motion Practice

Federal discovery may include reports, recorded communications, financial records, device data, witness statements, and physical evidence. We review the prosecution’s evidence for inconsistencies, gaps, search issues, and disputes about admissibility. Motion deadlines and disclosure requirements are governed by federal statutes, procedural rules, and court orders rather than California state-court procedure.

Plea Discussions and Trial Preparation

A plea agreement can address the charges, admitted facts, sentencing positions, and rights a defendant agrees to waive. The consequences depend on the agreement’s precise language and the court’s authority at sentencing. When a case proceeds toward trial, our preparation draws on Chris Walsh’s experience trying more than 100 jury trials.

Federal Sentencing Guidelines and Statutory Penalties

Federal sentencing doesn’t follow a universal rule requiring every incarcerated person to serve a fixed percentage of the sentence. The potential outcome depends on the applicable statute, advisory federal sentencing guidelines, criminal history, offense conduct, statutory provisions, and case-specific facts.

Advisory Guideline Calculations

Federal judges calculate and review the advisory sentencing guideline range while also considering statutory sentencing factors. A guideline calculation may begin with a base offense level and account for relevant conduct, specific offense characteristics, the defendant’s alleged role, acceptance of responsibility when applicable, and criminal history.

Issues that may affect the calculation include:

• Alleged Loss or Drug Quantity: Financial amounts or controlled-substance quantities may affect the offense level under the applicable guideline.
• Relevant Conduct: The government may argue that related conduct should be included even when it isn’t charged as a separate count.
• Role Allegations: Prosecutors may seek adjustments based on claims that a defendant organized, led, managed, or supervised criminal activity.
• Criminal History: Prior convictions may influence the criminal-history category and advisory range.

Mandatory Minimums and Presentence Reports

Some federal statutes impose mandatory minimum penalties when specified facts and legal requirements are established. Other sentencing decisions depend more heavily on the guideline calculation and arguments tied to the individual record.

A probation officer typically prepares a presentence report after a conviction or guilty plea. Sentencing preparation can include checking the report for factual errors, disputing guideline calculations, filing objections, and presenting mitigation supported by records and other reliable information. We tailor that work to the charges, evidence, and circumstances of the person we represent.

Federal Agencies in Sacramento-Area Investigations

Understanding which agency is driving an investigation can help identify the records, witnesses, technology, and investigative steps that require review. Agency involvement alone doesn’t determine whether charges will be filed or what defenses may be available.

Federal agencies that may be involved include:

• FBI: The Federal Bureau of Investigation handles a broad range of matters, including computer-related allegations, public corruption, organized criminal activity, drug trafficking, and health care fraud.
• DEA: The Drug Enforcement Administration investigates the manufacturing, distribution, and trafficking of controlled substances, including allegations involving prescription medications.
• IRS Criminal Investigation: IRS Criminal Investigation examines suspected tax violations, unreported income, and financial transactions with potential criminal tax components.
• Homeland Security Investigations: Homeland Security Investigations handles matters that may involve cybercrime, money laundering, and cross-border financial activity.

How Federal Defense Differs From California State Court

Defending a case in federal court is different than defending a state court prosecution. Federal cases are prosecuted by the U.S. Attorney’s Office and governed by federal statutes, the Federal Rules of Criminal Procedure, local rules, and court orders rather than California state-court procedure.

Those differences affect the rules governing grand juries, detention, discovery, motions, plea agreements, trials, and sentencing. A prior California state-court experience doesn’t reliably predict how a federal case can proceed.