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Federal Crimes Defense

Miami Federal CrimesDefense Attorney

Federal cases run on a different track than state cases: different prosecutors, different sentencing, different consequences. Pre-indictment representation is often the most consequential stage of a federal case.

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Federal sentences carry no parole. The federal system abolished parole in 1987, and defendants serve approximately 85% of the imposed sentence under 18 U.S.C. § 3624(b). A federal year is not a state year.
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35+
Years of Practice
Florida Bar member since 1989
1991
SDFL Admitted
Southern District of Florida
2001
MDFL Admitted
Middle District of Florida
Boutique
Practice Model
Direct attorney involvement
Federal Case Lifecycle

Three Stages of a Federal Case

Federal cases unfold across three 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.

01

Investigation Stage

Target letters, grand jury subpoenas, agent contacts. Pre-indictment intervention can sometimes prevent charges entirely.

02

Indictment and Pretrial

Detention hearings, discovery, suppression motions, plea negotiations, and trial preparation in U.S. District Court.

03

Federal Sentencing

U.S.S.G. Guidelines calculations, § 5K1.1 cooperation, § 3553(a) variance arguments, mitigation, and sentencing memoranda.

18 U.S.C. § 3624(b) :: No Parole

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.

85%
Time Actually Served

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 actually served.

0
Federal Parole

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.

5/7/10
Years Mandatory Consecutive

§ 924(c) Stacks

18 U.S.C. § 924(c) firearm enhancements add 5, 7, or 10 mandatory years on top of the underlying sentence. They do not run together.

Federal Penalty Framework

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.

Charge
Statute
Statutory Maximum
Mandatory Minimum
Wire FraudInterstate wire communication
18 U.S.C. § 1343
20 years
None statutorily
Mail FraudUse of U.S. mail in scheme
18 U.S.C. § 1341
20 years
None statutorily
Drug ConspiracySchedule II drugs
21 U.S.C. § 846
Up to life
5/10/20 years By Weight
§ 924(c) FirearmCrime of violence or drug trafficking
18 U.S.C. § 924(c)
Life
5/7/10 years Consecutive
RICOPattern of racketeering
18 U.S.C. § 1962
20 years
None statutorily
Healthcare FraudFederal health programs
18 U.S.C. § 1347
10-20 years
None statutorily
Money LaunderingProceeds of crime
18 U.S.C. § 1956
20 years
None statutorily
Tax EvasionWillful evasion
26 U.S.C. § 7201
5 years per count
None statutorily

Summary of federal statutes. Not legal advice. 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.

Defense Approach

How a Federal Case Gets Defended

Most federal cases are not won at trial. They are resolved earlier, through pre-indictment intervention, suppression motions, Guidelines challenges, and sentencing advocacy. The defense work that gets to those outcomes happens in four areas.

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. This 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.

Cooperation and the routes below a 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. Pre-indictment cooperation can sometimes shape the indictment itself, which is why timing matters as much as substance.

Common Questions

Frequently Asked Questions

What is a target letter in a federal case?+
A target letter is a formal notice from the U.S. Attorney's Office that a person is the target of a federal grand jury investigation. It identifies the statutes under investigation and often invites the target to testify or produce documents. Receipt of a target letter is one of the strongest signals that federal charges may be coming, and it is the right time to engage federal counsel for pre-indictment representation.
What is the 85% rule in federal sentencing?+
The federal system abolished parole for offenses committed after November 1, 1987. Under 18 U.S.C. § 3624(b), federal inmates can earn approximately 54 days of good-time credit per year, meaning they typically serve about 85% of the imposed sentence. A 10-year federal sentence translates to roughly 8.5 years actually served. Mandatory minimums must be served in full unless § 5K1.1 cooperation or safety-valve provisions apply.
What is the safety valve in federal cases?+
The safety valve under 18 U.S.C. § 3553(f) allows certain non-violent drug offenders to be sentenced below the mandatory minimum if they meet specific criteria, including limited criminal history points, no violence, no firearm use, no death or serious bodily injury, the defendant was not an organizer or leader, and the defendant has truthfully provided all information about the offense. The criteria are strict and the qualification analysis is fact-specific.
How do U.S. Sentencing Guidelines work?+
The Guidelines produce a recommended sentencing range based on the offense level (calculated from the conduct, harm, and adjustments) and the criminal history category (calculated from prior convictions). The judge calculates the range and then considers the § 3553(a) factors, which can result in a within-Guidelines, above-Guidelines, or below-Guidelines sentence. The Guidelines are advisory after Booker, but they must still be calculated correctly because the calculation anchors the entire sentencing conversation.
Should I cooperate with federal investigators?+
That decision should never be made without federal counsel. Cooperation can sometimes provide the only path below a mandatory minimum sentence, but it has significant consequences, including ongoing obligations, potential testimony against others, and irreversible disclosure of information. The decision turns on the specific facts of the case, the strength of the government's evidence, and what the government realistically wants in return.
What is § 924(c) and why does it matter?+
18 U.S.C. § 924(c) imposes mandatory minimum sentences for using or carrying a firearm during a crime of violence or drug trafficking offense. The minimums are 5 years for possession, 7 years for brandishing, and 10 years for discharge. These sentences run consecutive to the underlying offense sentence, meaning they stack on top rather than running together. § 924(c) charges substantially increase exposure.
Can a federal case be dismissed?+
Yes, in several ways. Pre-indictment, the U.S. Attorney's Office can decline to charge after consideration of representations from defense counsel. Post-indictment, motions to dismiss based on jurisdictional defects, suppression of essential evidence, multiplicity, or constitutional challenges can result in dismissal. The government can also dismiss as part of plea negotiations or in the interest of justice.
What is the difference between SDFL and MDFL?+
The Southern District of Florida (SDFL) covers Miami-Dade, Broward, Palm Beach, and other South Florida counties. The Middle District of Florida (MDFL) covers Tampa, Orlando, Jacksonville, and central Florida. Each district has its own U.S. Attorney's Office, judges, local rules, and prosecutorial culture. Andre is admitted to both districts.
How long does a federal case take?+
Federal cases generally move faster than state cases. The Speedy Trial Act requires trial within 70 days of indictment unless excludable time applies, though most cases involve continuances for discovery and motion practice. From indictment to resolution, federal cases typically take 6 to 18 months for non-trial cases and longer for cases that go to trial. Pre-indictment investigations can run for months or years before charges are filed.
Can a federal conviction be sealed or expunged?+
Federal law does not provide a general expungement statute. Federal convictions generally remain on the record permanently. Pardons and certain narrow petitions exist but are exceptional. Avoiding a conviction in the first place is the central reason pre-indictment representation matters so much.
Related Defense Areas

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 →

Weapon Charges

18 U.S.C. § 922(g) felon in possession, § 924(c) firearm cases, and ATF investigations cross over from state weapons cases.

Learn More →

Violent Crimes

Hobbs Act robbery, § 924(c) firearm enhancements, and RICO charges federalize violent crimes with interstate elements.

Learn More →
Speak With Andre

Direct attorney access at (305) 774-7000

Federal cases reward early engagement. Pre-indictment work can shape charging decisions, and once charges are filed, options narrow.

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