Federal Crimes

Being accused of a federal crime is serious. A federal conviction can bring a prison sentence, fines, restitution, forfeiture of property and a lasting record. If you have been charged in federal court, or believe you are under investigation, it is worth speaking with an experienced San Diego federal crimes defense attorney before you answer questions or respond to a subpoena.

The Law Office of Vikas Bajaj, APC represents clients in federal investigations and prosecutions across the United States. Vikas Bajaj is an experienced criminal defense attorney.

Understanding Federal Criminal Charges

Federal crimes violate United States federal law and are prosecuted in federal court. Agencies such as the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), the Drug Enforcement Administration (DEA) and other federal authorities often investigate these cases.

Unlike many state cases, federal investigations often gather extensive records, including financial records, surveillance and digital communications, and prosecutors may spend months or years building a case. That is why it matters to understand how a federal investigation works before you speak with agents.

Common characteristics of federal criminal cases include:

• Federal agencies such as the FBI or IRS conduct the investigation
• Prosecutors file charges in U.S. District Court
• The court considers the federal sentencing guidelines at sentencing
• Cases often involve financial records or interstate conduct

Federal Cases Nationwide

Federal crimes are investigated and charged in districts across the country, and the agents and Department of Justice prosecutors on a case may be far from where a person lives or where the events took place. Early contact is the same work in any district: counsel can reach the case agents and the prosecutors handling the matter, learn what can be learned about the person’s status, and address subpoenas, target letters and interview requests before a charging decision is made.

Federal courts set their own admission rules. Where a court requires it, Vikas Bajaj appears together with local counsel or applies for admission pro hac vice. Procedure and local practice differ from district to district, and no particular result can be promised in any of them.

How a Federal Criminal Case Moves, Step by Step

Every case is different, and some steps are skipped or happen in a different order. This is a general outline of the process in federal court, not advice about a particular case.

1. Investigation

Many federal cases begin with an investigation that the person may not know about. Agents may review financial and electronic records, interview witnesses, serve subpoenas or approach the person directly. A person who is approached can ask to speak with a lawyer first. Be aware that under 18 U.S.C. § 1001, a knowing and willful materially false statement in a federal matter can itself be charged, with a maximum of 5 years in most cases, so what is said to agents matters even when no charge has been filed.

2. Grand jury

Prosecutors often present the case to a grand jury. Under Federal Rule of Criminal Procedure 6, the people allowed in the grand jury room while it is in session are the government’s attorneys, the witness being questioned, interpreters when needed and a court reporter or recording operator. A witness’s own lawyer is not on that list. An indictment requires the agreement of at least 12 grand jurors.

3. Complaint, indictment or information

A federal case can start with a criminal complaint and an arrest, or with an indictment returned by a grand jury. Under Rule 7, an offense punishable by more than one year in prison must be prosecuted by indictment unless the defendant, in open court and after being advised of the charge and their rights, waives indictment. An information is a charging document filed by the prosecutor without a grand jury; for a felony it is used only after that waiver. Waiving indictment is a decision to make with a lawyer, because it affects the case.

4. Initial appearance

Under Rule 5, a person who is arrested must be brought without unnecessary delay before a magistrate judge. In a felony case the judge informs the defendant of the charge, the right to retain counsel or to request appointed counsel, the circumstances under which pretrial release may be possible, any right to a preliminary hearing, and the right not to make a statement. If the person is arrested in a different district, Rule 5 also sets out where the first appearance takes place and how the case is transferred. Where a preliminary hearing applies, Rule 5.1 sets it no later than 14 days after the initial appearance if the defendant is in custody and no later than 21 days if not, unless extended as the rule allows.

5. Release or detention hearing

The Bail Reform Act, 18 U.S.C. § 3142, directs the judicial officer to order release on personal recognizance or an unsecured bond, release on conditions, temporary detention in limited situations, or detention before trial. Release is to be on the least restrictive conditions that will reasonably assure the person’s appearance and the safety of any other person and the community, and the court may not impose a financial condition that results in pretrial detention. The government may move for a detention hearing in certain cases, including those involving a crime of violence or certain drug offenses carrying a maximum of ten years or more. A hearing can also be held where a case involves a serious risk of flight or of obstruction of justice. At the hearing the defendant has the right to counsel, to testify, to present witnesses and to cross-examine witnesses, and the court weighs factors that include the nature of the offense, the weight of the evidence, and the person’s history, characteristics and community ties. In some drug and firearm cases the statute creates a rebuttable presumption in favor of detention.

6. Arraignment and the Speedy Trial Act

After indictment the defendant is arraigned and enters a plea. The Speedy Trial Act, 18 U.S.C. § 3161, generally requires an indictment or information within 30 days of arrest or service of a summons, and requires trial to begin within 70 days of the filing of the indictment or the defendant’s first appearance before a judicial officer of the court, whichever is later. The statute excludes many periods of delay from that count, including time for pretrial motions, for the court’s consideration of a plea agreement, and for continuances the court grants after finding that the ends of justice outweigh the interest in a speedy trial. Because of these exclusions, a case can take longer than 70 calendar days.

7. Discovery, motions, plea discussions and trial

The defense reviews the government’s evidence, may file motions, and may ask the court to order a bill of particulars under Rule 7(f). A case can resolve by plea agreement or proceed to trial. Plea discussions can involve the charges and the facts the government will rely on at sentencing, and a proffer session is something to approach only with counsel.

8. Sentencing and the guidelines

If there is a plea or a verdict of guilty, a probation officer prepares a presentence report. Under Rule 32, the report goes to the defendant, the defense attorney and the prosecutor at least 35 days before sentencing unless the defendant waives that period, and the parties must state any objections in writing within 14 days after receiving it. Under 18 U.S.C. § 3553(a) the court imposes a sentence “sufficient, but not greater than necessary,” considering factors that include the nature of the offense, the defendant’s history and characteristics, the applicable guideline range from the U.S. Sentencing Guidelines, the need to avoid unwarranted disparities and the need for restitution. The statute also allows a sentence below a statutory minimum in limited circumstances, including on the government’s motion for substantial assistance and under the “safety valve” for certain drug offenses.

Types of Federal Crimes We Handle

The Law Office of Vikas Bajaj, APC provides skilled defense to people accused of a range of federal offenses. The table below lists the charges that have their own guides on this site. The descriptions are general summaries; whether a particular charge fits depends on the facts and the statute.

Charge or issue	What it generally involves	Guide
Conspiracy, 18 U.S.C. § 371	Agreement to commit a federal offense or to defraud the United States, plus an overt act	Read the guide
Theft or bribery involving federal-funds programs, 18 U.S.C. § 666	Theft or bribery concerning an organization or government that receives federal program funds	Read the guide
False statements, 18 U.S.C. § 1001	Statements or documents in a federal matter alleged to be materially false	Read the guide
Mail and wire fraud conspiracy, 18 U.S.C. § 1349	Attempt or conspiracy charges tied to mail or wire fraud	Read the guide
Hobbs Act, 18 U.S.C. § 1951	Alleged robbery or extortion affecting interstate commerce	Read the guide
Money laundering, 18 U.S.C. § 1957	Monetary transactions in property alleged to be criminally derived	Read the guide
Federal drug charges, 21 U.S.C. § 841	Manufacture, distribution or possession with intent to distribute	Read the guide
Federal drug conspiracy, 21 U.S.C. § 846	Attempt or conspiracy to commit a federal drug offense	Read the guide
Continuing criminal enterprise, 21 U.S.C. § 848	Alleged organizing or supervising role in a larger drug enterprise	Read the guide
Tax fraud and false statements, 26 U.S.C. § 7206	Alleged false tax returns or documents	Read the guide
Money laundering	Concealing or moving funds alleged to come from crime	Read the guide
Intellectual property theft	Alleged theft or misuse of protected patents, trademarks or copyrights	Read the guide
Bribery	Alleged offers or payments to influence a public official	Read the guide
Securities fraud	Alleged deception of investors or markets, including insider trading allegations	Read the guide
Bank fraud	Alleged schemes to obtain money or property from a financial institution	Read the guide
Mortgage fraud	Alleged false statements in a real-estate loan or transaction	Read the guide
Theft of government property	Alleged taking or misuse of federal property	Read the guide
RICO	Racketeering allegations tied to an alleged enterprise	Read the guide
Public corruption	Alleged abuse of public office for personal gain	Read the guide
Tax evasion	Alleged willful evasion of taxes owed	Read the guide
Proffer sessions	Meetings with prosecutors and agents before any cooperation decision	Read the guide
Mail fraud and wire fraud	Alleged schemes using the mail, phone, email or other electronic communications	Read the guide

If Federal Agents Contact You

If federal agents attempt to question you, it is important to understand your rights:

• You have the right to remain silent
• You are not required to speak with investigators without a lawyer present
• Anything you say could later be used as evidence

Speaking with a lawyer early can help you avoid mistakes that could affect the case.

Penalties for Federal Crimes

Federal courts determine sentences under 18 U.S.C. § 3553, considering the sentencing guidelines along with other factors such as the seriousness of the offense and the defendant’s history. Potential consequences of a federal conviction may include:

• Imprisonment in federal prison
• Fines
• Restitution to victims
• Asset forfeiture
• Supervised release or probation
• A permanent criminal record

Possible Defense Strategies in Federal Cases

Every federal case is different, and a defense depends on the facts and the evidence. Approaches that may be considered include:

• Challenging the legality of searches or seizures
• Questioning the reliability of witness testimony
• Examining financial or digital evidence
• Negotiating with federal prosecutors
• Preparing for trial in federal court

Federal Crimes FAQ

What should I do if federal agents contact me but I have not been charged?

You may decline to be interviewed and may ask to speak with a lawyer first. Because a knowing and willful materially false statement in a federal matter can itself be a crime under 18 U.S.C. § 1001 (punishable by up to 5 years in most cases), many people consult a lawyer before answering any questions or responding to a subpoena or target letter.

What is the difference between an indictment and an information?

An indictment is a charge returned by a grand jury, which needs at least 12 jurors to agree. An information is a charge filed by the prosecutor. Under Federal Rule of Criminal Procedure 7, an offense punishable by more than one year in prison must be charged by indictment unless the defendant waives indictment in open court after being advised of the charge and their rights.

Can I be held in jail until trial?

It is possible. Under 18 U.S.C. § 3142 a judicial officer decides whether to release a person, release them on conditions, or detain them before trial, based on whether conditions can reasonably assure the person’s appearance and the safety of the community. In certain cases the government can request a detention hearing, and at that hearing the defendant has the right to counsel and to present information.

How long does a federal case take to get to trial?

The Speedy Trial Act, 18 U.S.C. § 3161, generally calls for trial to begin within 70 days of the indictment or first appearance, whichever is later, and for an indictment or information within 30 days of arrest. The statute excludes many periods of delay, such as pretrial motions and continuances granted for stated reasons, so a case can take longer.

Do you handle federal cases outside San Diego?

The Law Office of Vikas Bajaj, APC represents clients in federal investigations and prosecutions across the United States. Federal courts set their own admission rules, and where a court requires it, Vikas Bajaj appears together with local counsel or applies for admission pro hac vice. No particular result can be promised in any district.

Related Guides

• What Is an Indictment?
• What Is a Subpoena?
• What Makes Federal Criminal Defense More Complex Than State Defense
• Federal Jurisdiction and Crimes
• Proffer Sessions
• White Collar Crimes Defense
• Healthcare Fraud Defense
• How to Know If You Are on an Open Investigation in California

About the Law Office of Vikas Bajaj, APC

The Law Office of Vikas Bajaj, APC is a San Diego criminal and white-collar defense practice. Vikas Bajaj is an experienced and trusted criminal defense attorney. If you are under investigation or have been charged in federal court, call (619) 525-7005 or request a confidential consultation. Each case is different. Past outcomes do not predict future results. This page is general information, not legal advice for a specific situation.