How federal cases differ
Federal cases are investigated by federal agencies and prosecuted by a United States Attorney's Office within the Department of Justice. Felony charges generally come by grand jury indictment, and investigations can run for a long time before anyone is charged, often built on documents, financial records, phone data, and cooperating witnesses. After arrest, the first appearance is usually before a magistrate judge, and a detention hearing may follow. Discovery in federal court tends to be narrower and come on different timing than under New York's state discovery rules. Sentencing is shaped by the advisory Sentencing Guidelines and, for some offenses, mandatory minimums, and the federal system abolished parole for current offenses.
Decisions that come early
Several decisions in federal criminal defense arrive before most people expect them. Whether to respond to a target letter, whether to meet with prosecutors under a proffer agreement, and whether to consider cooperation are serious choices with lasting effects. A proffer agreement offers limited protection, and statements made under one can still be used in certain ways. Federal matters often run alongside civil or regulatory proceedings, such as those brought by the SEC or other agencies, and what is said in one can surface in another. Each of these is decided with counsel, after reviewing what the government appears to have.
What we set up first
We make sure relevant records are preserved and that nothing is deleted or altered, since obstruction is charged separately and readily. We try to learn your status in the investigation and the deadlines on any subpoena. If an arrest seems likely, we look at whether a self-surrender can be arranged, and we prepare for the detention hearing that may follow. We also identify questions about immigration status, professional licenses, and employment, and whether the Pretrial Services interview after an arrest needs preparation. Bring every letter, subpoena, and business card an agent has left.
