Miami Federal Crimes Defense Attorney
Federal cases run on a different track than state cases across Miami-Dade and South Florida: its own prosecutors, its own sentencing exposure, and its own consequences. Pre-indictment representation is, in many cases, 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. 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 commonly 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 commonly start as state-level allegations and become federal cases.
Learn More →Federal Defense Across Miami-Dade and Broward
Local courts, arresting agencies, and case patterns vary by city. The pages below cover the details relevant to each area.
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 tends to create more options than calling late.
What Our Clients Say
Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.
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Sandra EiranovaTrustindex verifies that the original source of the review is Google.
I highly recommend this criminal defense attorney Andre A. Rouviere for his exceptional professionalism, attention to detail, and patience in handling my cousin’s case. From our very first interaction, he made me feel comfortable, safe, and confident that my cousin’s case was in capable hands. He took the time to listen carefully, explain the process, answer our questions, and address our concerns with patience and respect. His professionalism, dedication, and thorough approach gave me peace of mind during what could have been a very stressful experience. What impressed me most was the trust and confidence he inspired from the very beginning. I truly felt that we were being treated with care, respect, and genuine concern, rather than simply being another case. Finding an attorney, you can trust is extremely important, especially when dealing with a criminal matter, and I am grateful for the experience we had with him. I would absolutely recommend his services to anyone looking for a knowledgeable, professional, and trustworthy criminal defense attorney. The Law Office of Andre A. Rouviere in Coral Gables, Florida, is truly outstanding.Posted on Google![]()
Pilar AvilesTrustindex verifies that the original source of the review is Google.
Attorney Andre Rouviere has assisted me now twice! I am very grateful for the diligent efforts he made to help us out both times. Andre communicated clearly and helped us navigate throughout the legal process so we understood everything throughout. I will always call him whenever I need help again in the future and cannot recommend him enough.Posted on Google![]()
Eddy's Dogs aka Eddy's K9 RescueTrustindex verifies that the original source of the review is Google.
Absolutely recommend this law firm. They handled my case and I was amazed at the attention and information I got. I highly recommend them and will be using their services again.Posted on Google![]()
Carlos ZaldivarTrustindex verifies that the original source of the review is Google.
Andre is an exceptional lawyer. Andre represented me in a civil case and did an exceptional job when I was told not to bother with a suit. Andre succeeded, and I got my money back. I send all my friends to AndrePosted on Google![]()
Bob RTrustindex verifies that the original source of the review is Google.
Andre has represented me, my family and friends on several legal matters. He is always available to provide sound, practical advice and more than willing and able to fight for you when necessary. It’s reassuring to have a qualified, experienced lawyer in my corner to protect me and my interests when I need it.
Owner's reply
Bob, thank you. Clients who return and who send their family and friends give me the highest compliment. I’m grateful for your confidence and I’m always here if you need me.Posted on Google![]()
Phil GlatzerTrustindex verifies that the original source of the review is Google.
As an attorney, I have often referred my clients to André for legal work that I myself cannot handle and everyone has always been very satisfied with his representation. I highly recommend him.
Owner's reply
Thanks Phil. A referral from a colleague who knows the work means a great deal to me. I take every case you send my way seriously, and I’m glad the clients were well served.Posted on Google![]()
Pedro CarreraTrustindex verifies that the original source of the review is Google.
I can always count on him. An honest lawyer.
Owner's reply
Thanks Pedro.Posted on Google![]()
Gabriel HernandezTrustindex verifies that the original source of the review is Google.
Extremely quick and efficient . My ticket was handed and I didn’t have to worry about it once. His staff is also super helpful giving multiple updates on the status
Owner's reply
It's great to hear you were pleased. We are happy we were able to take the burden off your shoulders and resolve your issue for you.Posted on Google![]()
Andrew VarelaTrustindex verifies that the original source of the review is Google.
An amazing attorney who gives every case the care and attention it deserves. His attention to detail is exceptional, and it’s clear that he takes pride in his work and truly cares about his clients. I highly recommend him to anyone looking for a dedicated, thorough, and attentive attorney!
Owner's reply
I really appreciate that Andrew. Thank you.
