Miami Federal Crimes Defense Attorney
Federal cases run on a different track than state cases across Miami-Dade and South Florida: different prosecutors, different sentencing, different consequences. Pre-indictment representation is often the most consequential stage of a federal case.
Frequently Asked Questions
What is a target letter in a federal case?+
What is the 85% rule in federal sentencing?+
What is the safety valve in federal cases?+
How do U.S. Sentencing Guidelines work?+
Should I cooperate with federal investigators?+
What is § 924(c) and why does it matter?+
Can a federal case be dismissed?+
What is the difference between SDFL and MDFL?+
How long does a federal case take?+
Can a federal conviction be sealed or expunged?+
How a Federal Case Unfolds
Federal cases unfold across several distinct stages. The defense posture changes at each stage, and acting too late at any stage can foreclose options that were available earlier. Earlier engagement opens more room to shape the case before charges are filed.
Investigation Stage
Target letters, grand jury subpoenas, agent contacts. Pre-indictment intervention can sometimes prevent charges entirely.
Indictment and Pretrial
Detention hearings, discovery, suppression motions, plea negotiations, and trial preparation in U.S. District Court.
Federal Sentencing
U.S.S.G. Guidelines calculations, § 5K1.1 cooperation, § 3553(a) variance arguments, mitigation, and sentencing memoranda.
Federal Time Served vs. State Time Served
Federal sentences are calculated differently than state sentences. There is no parole in the federal system, and good-time credit is capped at roughly 54 days per year. A federal sentence carries more actual time than a state sentence of the same length.
The 85% Rule
Federal defendants serve roughly 85% of the imposed sentence with limited good-time credit. A 10-year sentence equals about 8.5 years served.
No Parole System
Federal parole was abolished in 1987 for offenses after that date. Supervised release follows imprisonment, but it does not shorten the prison term.
§ 924(c) Stacks
18 U.S.C. § 924(c) firearm enhancements add 5, 7, or 10 mandatory years in addition to the underlying sentence. They do not run together.
Federal Charge Penalties
Federal statutory maximums are the starting point. The U.S. Sentencing Guidelines determine the recommended range based on offense level and criminal history.
Summary of federal statutes. Statutory maximums are starting points. Actual sentences are determined by U.S. Sentencing Guidelines and § 3553(a) factors. Mandatory minimums must be served in full unless § 5K1.1 substantial assistance or safety-valve provisions apply.
How a Federal Case Gets Defended
Federal defense work is mostly about timing: when the defense gets involved, what the U.S. Attorney's Office knows, and how locked-in the charging theory has become. The earlier the engagement, the more room there is to move.
Pre-Indictment Representation
Where the case is still under investigation, counsel can engage with the U.S. Attorney's Office to address charging decisions before they are made. Target letters, grand jury subpoenas, and agent contacts are signals that the window is open. Pre-indictment work can sometimes prevent charges entirely, narrow the charges that are filed, or shape immunity and proffer arrangements before any evidence locks in.
Pre-indictment representation is the most consequential stage of a federal case.
Suppression and Motion Practice
Federal motion practice is the heart of pretrial defense. Fourth Amendment motions, Franks hearings on warrant defects, motions in limine, motions to dismiss for jurisdictional defects, and constitutional challenges all live here. Federal courts take these challenges seriously when they are well-supported. Discovery under Rule 16, the Jencks Act, Brady, and Giglio gets pressed at every stage.
Guidelines and Sentencing
Federal sentencing is a calculation under the U.S. Sentencing Guidelines combined with § 3553(a) factors. The Guidelines range anchors the sentencing conversation, so the calculation has to be right. Specific offense characteristics, role-in-offense adjustments, acceptance of responsibility, criminal history scoring, departures, and variance arguments all get fought line by line. Many federal cases are decided at sentencing rather than trial.
Routes Below the Mandatory Minimum
The only routes below a federal mandatory minimum are cooperation under § 5K1.1, the safety valve under 18 U.S.C. § 3553(f) where applicable, or a finding of error in the Guidelines calculation. Cooperation is by motion of the government, not defendant request, and it has consequences that cannot be undone. The decision has to be evaluated case by case, with full understanding of what is being given up and what is realistically being received.
Related Criminal Matters
State charges that often cross over into federal jurisdiction when interstate, weight, or conspiracy elements attach.
Drug Charges
State drug cases routinely become federal cases when interstate elements, weight thresholds, or conspiracy theories are involved.
Learn More →Theft and Fraud
Wire fraud, mail fraud, and healthcare fraud frequently start as state-level allegations and become federal cases.
Learn More →Direct attorney access at (305) 774-7000
Federal cases reward early engagement. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter usually creates more options than calling late.
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