Frequently Asked Questions
Every case is different. These answers provide a starting point. These answers are general information, not legal advice.
What should I do if I am under federal investigation?
Exercise your right to remain silent, do not consent to searches, and consult a federal criminal defense attorney before speaking with investigators. Early understanding of the process can affect how the case develops.
What is the difference between an investigation and federal charges?
An investigation precedes charges. Federal prosecutors may use grand jury subpoenas and search warrants to gather evidence. Charges follow an indictment or information; until then, no charge exists.
What is a federal grand jury?
A grand jury of 16 to 23 citizens hears evidence presented by a federal prosecutor and decides whether probable cause exists to return an indictment.
How does federal sentencing work?
Federal sentencing is guided by the U.S. Sentencing Guidelines, which score the offense and the defendant's history. The court considers the presentence report, and the guidelines are advisory, not mandatory.
What is a plea agreement in federal court?
A plea agreement is a negotiated resolution under Federal Rule of Criminal Procedure 11 in which the defendant pleads guilty in exchange for concessions, such as a reduced charge or a sentencing recommendation. The court must accept the plea.
What is a motion to suppress?
A motion to suppress asks the court to exclude evidence obtained in violation of the Fourth Amendment or other constitutional protections. If granted, the prosecution may lose key evidence.
How long does a federal appeal take?
The notice of appeal must be filed within 14 days of the judgment under Federal Rule of Appellate Procedure 4(b). After briefing, the Ninth Circuit schedules argument; a full appeal typically takes many months.
What is the difference between state and federal charges?
Federal charges are prosecuted by the U.S. Attorney's Office in federal district court, typically for violations of federal statutes. State charges are prosecuted by county or state prosecutors in state court.
Published by the Corydon Law Research Desk — John D. Kirby, publisher — former federal prosecutor. Reference information, not legal advice.
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