Federal Criminal Defense

Do not produce documents or appear before the grand jury without speaking to a criminal defense attorney first. A subpoena does not necessarily mean you are a target (you may be a witness), but the distinction matters enormously and is not always disclosed upfront. An attorney can communicate with prosecutors to determine your status, advise on how to respond, assert applicable privileges, and protect you from statements that could later be used against you.

Federal cases are prosecuted by the U.S. Department of Justice under the Federal Rules of Criminal Procedure, the Federal Sentencing Guidelines, and federal substantive law, all of which differ significantly from state systems. Federal prosecutors are among the most well-resourced in the world, and federal investigations often run for years before charges are filed. Effective federal defense requires attorneys who have operated inside the DOJ and understand how it builds cases.

The large majority of federal criminal cases resolve through plea agreements. The decision whether to plead or proceed to trial depends on the strength of the evidence, the applicable sentencing guidelines, and the risk-benefit calculation for the client. In some cases, particularly where the government's legal theory is flawed or the evidence is weak, trial is the right strategy. The Valle Boza acquittal in June 2025 is an example: the government expected to win a case the jury rejected after full trial.

A pre-sentencing memorandum is the defense's opportunity to tell the client's story to the judge before sentencing, and it is often the most important document in a federal criminal matter. An effective sentencing memo does four things: (1) challenges the Guidelines calculation, contesting every enhancement the government seeks and arguing for any applicable reduction; (2) argues for a below-Guidelines variance under 18 U.S.C. § 3553(a), marshaling the client's history, characteristics, and the nature of the offense; (3) presents the client as a person, through submitted character letters, forensic psychological evaluation if warranted, and a narrative that humanizes what could otherwise be a prosecution exhibit; and (4) addresses the government's memo directly, countering its factual and legal arguments point by point. The gap between the government's sentencing request and the sentence actually imposed can be years. In the Patient Care America matter, Adam Fels secured a sentence in the 0 to 6 month range after four days of sentencing hearings against a government request of 15 months. The memorandum is where that gap is created.