Sample Chapters

Sections of this book attempt to explain the legal swamp you or someone you know now finds themselves mired in, but we provide legal information, not legal advice. The content is based on the personal experiences of the author(s), case law, federal policy, relevant legislation, and other sources. Laws and BOP policy change frequently, and the courts can alter how those laws and policies are interpreted at any time. If you decide to use any of the information contained in this book, we strongly encourage you to conduct your own research to ensure it applies to your situation and remains current. Always consult a legal professional for actual legal advice. 

Welcome to the Feds.

     As a reader of this book, you—or someone close to you—may have been indicted or found guilty of a federal offense. Perhaps a recent warrant or raid has made you think an indictment will come down imminently. Facing prosecution in any criminal proceeding can overwhelm anyone, but being prosecuted by the federal government magnifies that stress level exponentially. Not simply because of the toll such charges inflict upon family and friends, but also because 29.6% of those charged are first-time offenders and have little or no prior criminal history. They have no idea what is in store for them nor have any clue on where to turn for help.

     The goal of the Facing the Feds series is to guide you through this process, helping you understand what to expect at each stage of the legal journey. If you or someone you know is facing federal criminal charges, you NEED to know the following:

1. 99.6% of federal criminal cases result in a conviction. This statistic includes cases resolved by plea agreements and those that go to trial. If you are indicted, and you are innocent, you are still facing a 99.6% conviction rate. Period. https://www.ussc.gov/about/annual-report-2023

2. 94-98% of federal criminal cases are resolved through plea agreements. This leaves only a very small number of cases that go to trial. Almost everyone, regardless of the facts of the case, pleads guilty to something. https://ace-usa.org/blog/research/research-criminaljustice/the-pros-and-cons-of-plea-bargaining/

3. 85-90% of federal criminal trials resulted in a conviction. Among the few cases that do go to trial, the government wins the vast majority of them. 

https://www.ussc.gov/about/annual-report-2023

     Those are very real and very intimidating statistics. The first thing you must understand is that you can get through this. Currently, it looks bad, and it is, but not as dire as it appears. Your world is not ending, just changing. Throughout this book we will often use words like “some,” “most,” “usually,” and “probably” over and over along with other qualifying phrases. Every case is unique, making it impossible to predict exactly what will happen, but general trends can offer guidance. A person’s background, support system and even personality can result in outwardly similar situations having dramatically different outcomes.

Keep in mind that every county jail, prison, and detention center is different. Even one facility can change over time due to shifts in staff, policies, or the types of inmates it houses. Despite the inherent unpredictability of the Federal System, this book offers valuable insights that will help you prepare for whatever lies ahead, regardless of where you are at or what stage of the system you find yourself in.

     We do not delve deeply into the details of getting arrested, booked or arraigned. You have likely completed that process and, if not, TV shows and movies have portrayed it fairly accurately.

     During your time in the system, you will encounter an enormous amount of misinformation, rumors, fear mongering and outright lies about people in your situation. Unfortunately, much of what you will hear will be true, approach everything with an open mind. A tough road lies before you, so we will make every attempt to give you the direct truth and prepare you for the very real challenges you’ll face. These challenges are, however, challenges that others have faced—and continue to face—successfully every day. By informing you what lies ahead, we hope to lift the weight off your shoulders. Nothing frightens a person more than the unknown. The unseen boogieman becomes a manageable obstacle once the light of truth shines upon it.

     The Chapters that follow are arranged in roughly the order you will experience them as you navigate the system. Your specific needs and situation may require you to read them out of order or skip some entirely. That is okay. Use this book in whatever way serves you best. Our hope is that this book will help you understand and accept everything that has happened—and what will happen—to you and your loved ones.

     When you first read a federal indictment that says: “The United States of America vs. YOU,” it can feel soul crushing as though the entire country is against you. As you move through the system, it may feel that way at times. But remember—you are not alone. There are organizations nationwide that believe in your ability to accept responsibility, change as a person and better yourself. The entire federal system is intentionally dehumanizing, but you can get through it and maintain your dignity. You are not defined by the lowest point in your life. This book aims to help you redefine yourself from that lowest point and on toward a brighter and better future. 

United States of America vs. YOU

     Your initial encounter with the federal authorities typically occurs in one of two ways. The first occurs when a state agency arrests you, and federal prosecutors take over the case and issue an indictment of their own. This could either supplant the state case or supplement it with additional penalties. The second, and more common, scenario is when federal agents execute a warrant and raid your home and/or business in search of evidence.

     In the second scenario, most people are arrested and taken in for booking and arraignment. Some, however, are not immediately taken into custody. If you happen to be one of the few who are not arrested right away, consider yourself lucky and make sure to retain legal counsel as quickly as possible.

     While every jail and holding facility operates differently, they all share some common procedures. They will all strip search you and you will have your fingerprints and photo taken. You will sit in holding cells for extended periods of time, sometimes with others going through the same process, and other times alone. Expect to get asked a series of questions about your physical and mental well-being. You will get issued a jail uniform and given a bedroll before being taken to your cell. This cell may or may not be the one you stay in the duration of your time at that facility, as assignments can change.

     It is not uncommon for federal prosecutors to take over state cases, especially those involving the Internet crossing state lines or large organized conspiracies. Commonly, the state will drop its case and allow the Feds to handle it. One of the primary reasons for this is because the federal rules of evidence are often more favorable, increasing the likelihood of a conviction. Additionally, federal sentencing laws are extremely harsh and often result in much longer sentences than those handed down in state cases. Another factor is that local authorities may face budgetary constraints, whereas federal prosecutors have more financial resources at their disposal. Similarly, state facilities can be overcrowded but bed space is never a problem for the federal system.

     In some instances, the state may not drop its charges, and you will face both state and federal proceedings. In these situations, lawyers will negotiate which case is handled first and how the sentences will be served. Chapter 9 covers the details of concurrent and consecutive sentences. While every state has its own processes and facilities, much of the information in this book will be relevant in your state case. If you need more specific information about a particular state, check out our series Facing the State series.

     As anyone who has watched even one cop show knows, the agents searching through or seizing your property must either have your permission or a search warrant. To obtain your permission, they must ask, and you agree. To get a search warrant, prosecutors submit a motion to a federal court judge, outlining the reasons they believe evidence of a crime will be found at the locations they want to search. This is not an adversarial process, meaning no one is present to argue against it—so warrants are rarely denied.

     The request for the warrant will specify the items the agents are searching for at those locations, and the issued warrant will list those items. Agents can also seize illegal material in plain sight—such as weapons or drug paraphernalia. If they come across something unexpected that they believe could also be evidence of a crime not included in the original warrant, they can easily obtain a new warrant. For example, if the FBI suspects you of manufacturing MDMA, they will seize lab equipment, pills or medications. If the agents discover a sawed-off shotgun during their search, they would have a judge issue a new warrant authorizing the seizure of that weapon.

     Only you know what you have done, when you did it, and how you did it. This book does not pass judgement, but it assumes that something has triggered this criminal investigation. It is in your best interest to assume that the agents searching and seizing material will find everything incriminating that’s possible to find. Be honest with your attorney about everything. Your lawyer can only provide the best defense and advice if they have all the facts. With complete information, they can help you make the most informed decisions. Federal laws are incredibly broad, sweeping and intentionally complicated. Even trained lawyers can struggle to understand them, and having unexpected “surprise” evidence surface can disrupt the groundwork they had laid for your defense. In fact, it could also make things worse in the eyes of the court.

     Can you get your belongings back? Not if they are found to be or contain illegal material or used in the furtherance of the crime. This assumes the items were properly seized—check with your attorney on this if there is something you want returned. If you sign a plea agreement, it will typically contain a forfeiture clause outlining what material you will have to give up as part of the deal. However, if nothing relevant was found on the items taken, you may be entitled to their return—but do not expect it to happen quickly. This process can take years.

     There are three types of legal representation available to you: a Public Defender, a privately hired attorney, or you can choose to defend yourself. Let’s start with the last option first.

Representing Yourself

     We strongly discourage you from attempting to represent yourself, at least not when initially facing your charges. You may be forced to represent yourself on all or part of your appellate process (see Chapter 10 on filing pro se), representing yourself during plea negotiations or at trial will not work in your favor, even if you are an attorney yourself. It could be argued that your situation may not end well regardless, but representing yourself is likely to make it worse.

     One situation when representing yourself might seem tempting is if you plan to plead guilty to all charges and throw yourself upon the mercy of the court, accepting all consequences. Even then, we strenuously recommend you do that through an attorney.

     There are positives and negatives to each type of representation. The strongest argument for hiring a paid attorney is the increased control you will have over how your case is defended. The amount of time your attorney devotes to your case will directly correlate with the fee you pay. You will also have the option to hire an attorney that specializes in whatever charge you face. For example, if you are charged with bank fraud, it may be in your best interest to hire an attorney that has experience in defending such clients. If it is within your financial means, this is typically the best way to ensure the most effective defense is put forward. This does not mean you will always agree with the defense strategy or that a Public Defender could not offer up a similarly effective defense, but it does mean you will have confidence that your case was handled as thoroughly as possible, without lingering doubts.

     If you lack the financial resources to hire a private attorney, the court will appoint a Public Defender to represent you. Public Defenders often have a bad reputation in the system. Yes, they are underpaid, overworked and underfunded. Yes, some may not have the sharpest legal minds and might not thrive in private practice. However, the vast majority of Public Defenders are dedicated professionals who genuinely want to help people like you. They could have chosen other areas of law, but chose to become a Public Defender knowing the challenges they would face. Do they want to clear cases as quickly as possible? Of course. What many take as a less than rigorous defense of their case is often simply the Public Defender—someone who has seen hundreds of cases like yours in the past year alone—attempting to move the case along as efficiently as possible. In a perfect world, they would recognize that this is your first time facing the system and provide more visible resistance to make you feel heard, even if the outcome seems inevitable. Public Defenders are human, too, and some are more empathetic than others and do not treat the life-altering aspects of your case in the same way a factory worker treats a part on the assembly line.

     You have the absolute right to a proper defense. Whether you have a paid attorney or a Public Defender, the key to ensuring you get that defense is to remain active and informed throughout the process. Do not sit back and let things happen—ask questions, learn as much as you can and take an active role in your defense. All jails and prisons are required to have Law Libraries, and many inmates have gone through the system before and can help you understand legal terms and concepts. Do not hesitate to use these resources.

Another kind of representation occurs infrequently, but often enough to warrant mentioning. A judge may choose not to assign a Public Defender and instead use the Criminal Justice Act (CJA) to appoint a private attorney to represent you. This can go either way. Criminal defense attorneys are required to take a certain number of cases under this act. Although they are paid a nominal fee by the court, it is far less than what they would earn if hired directly. Despite this, many lawyers give every case their full attention and best effort as a matter of principle. Others, however, look upon these cases as a “you get what you pay for” situation and may not invest as much time or effort. A few attorneys with struggling practices might regularly take on such cases to supplement their income.

     With a private attorney, this is simple to accomplish—fire them. With a Public Defender, however, it is not so straight forward. While it’s possible to change your Public Defender if you’re dissatisfied with their efforts, the process can be more challenging. If you feel your defense is lacking, you must take steps to have them replaced with another attorney. It is important to distinguish between dissatisfaction with the results of your defense and dissatisfaction with the defense itself. Given the charges you are facing and the federal system as a whole, it is likely you will not be pleased with the final outcome no matter who represents you.

     Before pursuing a change of representation, take the time to honestly evaluate where your dissatisfaction stems from. Research the issues you are concerned about and determine if they can be addressed through an appeal or if they need to be raised immediately. If you are unhappy with decisions or actions by your attorney, pay close attention to any appeal waivers you may be asked to sign.

     In many cases, the most common reason a judge will appoint a private attorney under the Criminal Justice Act (CJA) is due to a conflict between you and your Public Defender. If you're successful in having a new attorney assigned, be aware that the judge will likely set a very high bar for replacing a second attorney.

     No matter how you obtain legal representation, it is of the utmost importance that you are not only honest, but also forthright with your attorney. That means keeping your lawyer informed about everything the investigators might find in any seized materials, what any victims, witnesses or codefendants may testify against you, and anything you might have said to the authorities outside of their presence. Your lawyer will eventually discover all of this, but the sooner they have the information, the better. Without that information your lawyer cannot offer you informed advice.

     It takes years to become an attorney and years more experience to navigate the complexity of the Federal system. Ultimately, you control your case, but trying to fight your way through the Byzantine process on your own would be nearly impossible without the guidance of a qualified attorney. If your attorney isn’t going to give you good advice, there is little point in seeking their counsel. To provide you with the best advice, your attorney need you to be open and honest.

It’s natural to feel embarrassed or ashamed about what you’ve done or are accused of doing.                              

     Discussing such sensitive issues with someone you may not know well can feel uncomfortable. However, don’t withhold information from your lawyer because of these feelings. Chances are, they’ve heard worse and understand the necessity of knowing all the details. They are there to help, and sharing the full truth with them will allow them to give you the best defense possible.

     It may be a cliché, but it’s accurate: “Prosecutors can indict a ham sandwich.” An indictment occurs when a group of randomly selected citizens, your peers, form a Grand Jury. They hear evidence presented by the prosecutor and decide whether there is a preponderance of evidence suggesting that you committed the crime. This means they determine it is more likely than not that you committed the crime. Since this is not an adversarial process, nobody is there to argue your side to the Grand Jury. Given how exceptionally low standard this standard is, do not be alarmed or surprised by an indictment. While an indictment indicates evidence points towards your involvement in the crime, it does not prove you did it. This is where your defense lawyer will argue the details.

     After an indictment, the prosecution may file a Superseding Indictment, adding or amending charges. This occurs when the prosecutor initially charges the most straightforward crime based on the evidence available to the Grand Jury, then adjusts the charges as more evidence is uncovered. For example, if you were initially charged with assaulting a postal worker and that worker later dies from their injuries, the prosecution could issue a Superseding Indictment for murder.

     The indictment will give you some insight into the evidence the prosecution holds and provide an estimate of the potential penalties you are facing. See Chapter 9 on resolving your case to learn how to calculate the potential sentence. Keep in mind, this calculation could change with the addition or removal of charges during the plea negotiations, but it will give you a starting point.

     Everyone’s case and timeline of major events will be slightly different, but these are a guide to give you a general idea of how long things take on average.

     Search & Seizure: A few will have search warrants served by the FBI or other 3-letter Government Agencies and material confiscated before any indictment occurs. The paperwork will detail what is to be taken and what they are looking for with the warrant. If this happens to you, only you will know if the material contains what they are looking for. Assume they will find it if it does. The time it takes to go from here to an actual indictment can vary wildly from case to case. It can take anywhere from 30-365 days and sometimes longer depending on what corroborating evidence/witnesses they may be looking for to present to a Grand Jury. It is best to assume they are going to come sooner rather than later and prepare yourself for the next stage.

     Indictment/Arrest: This is the beginning for most people. The vast majority of those entering the process are given no advance notice of what is about to happen to them. Once you are arrested, indicted and arraigned/enter a plea, you may be held with or without bail or even released on your own recognisance, depending on the charges and the judge you are assigned. You will get a trial date during this proceeding, but that date will never be accurate. Your attorney, the Prosecutor and the Court will all play a hand in moving that date back for a variety of reasons. Assume 18 to 24 months from the time of your arrest and possibly longer. This time can also be shortened if you accept a Plea Agreement before then.

     Found Guilty: Once you sign a Plea Agreement or lose at Trial you will be given a date for Sentencing. This date will also likely change. Before that can happen, it will take between 30 and 90 days to complete your PreSentence Report (PSR). Speak to your lawyer about this as it will involve an interview with you by a Probation Officer. See Chapter 8 for more on our PSR. After your PSR has been finished, both your attorney and the prosecutors may attempt to have changes made to the report. This process can take a short or a long time depending on how many changes are requested and taken before the Court. In any case, your attorney will keep you posted on your actual sentencing date.

     Sentenced: Once you get your sentence from the Court, it will take about two weeks to six weeks for the US Marshalls to designate you to a facility where you will do your time and move you within the system. If you are in a County Jail or in a Federal Holding facility, other inmates around you will know how long previous inmates had waited before getting moved to a Federal Holding facility. If you are already at a Federal facility, your next move will either be to your assigned facility or to another Holding facility on your way there. In either case, you will usually be at your designated prison within 60 days. For how more details on this process, see Chapter 13: Transit.