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. 

 Information for those on the outside

  Prison is difficult–very difficult–for those incarcerated, but it is also very difficult for those on the outside that love and care for the one locked up. Worrying about your loved one will become a constant thing. Are they physically and mentally safe? Are they eating enough? Are they getting the medical care they might need? You can feel helpless to do anything. Reading this book will help you understand what they might be going through and this chapter in particular will help you do what you can to make your loved one’s life a little bit better inside that prison.

  First off, you might not even know where your loved one is being held. People with badges and guns took your loved one away and you haven’t heard anything since. Everyone gets a phone call when they are booked into jail, but many people no longer have phone numbers memorized and might not be given access to their cell phones to look up that information.

If you were present when the arrest was made and you remember any agency or agencies that were present, you can call them up and ask where the person you are looking for is being held. If you were not present or don’t remember who was present, all is not lost. You can call your local police department and ask them. Even if they were not present for the arrest, there is a chance they were notified of the arrest taking place and know which agency is in charge. Another option is to call the local news organization. They are often given press releases about arrests that include where the person taken into custody will be held. These organizations often have contacts in the various law enforcement agencies and might be able to find your loved one for you.

  While every state has a way to locate inmates in their systems, they are often only good once a person has been convicted. You can call around to all of the local jails since it is rare that someone recently arrested is taken very far from the point of their arrest. The US Marshals are responsible for all Federal detainees and you can call them to ask if the person you are looking for is in their custody or you can use the federal inmate locator site at https://www.bop.gov/inmateloc/ and look up your loved one by name.

  If all of that fails, you can call the local state and federal public defender’s offices. One of those will have been assigned to defend your loved one and while they will not share any information with you about the case, they will say where the individual is being held currently. If they have not been assigned, they might be able to find them with the resources they have available to them.

   Everyone is allowed one free phone call when taken into custody. Who they call is up to them and they might have used that call to reach someone other than yourself. Also, if they do not have access to their cell phone and don’t remember your phone number, it might be a while before they call. If you know where they are being held, you can call that facility and explain what happened and ask–nicely–that they pass along your number to that inmate so they can call you. It is not uncommon for them to do this favor for immediate family members.

   After that initial phone call, inmates do have access to phones to make collect calls, but how and when they gain this access will depend on the facility holding them. Some will be placed in pods with immediate access, while others hold new inmates in segregated areas for a period of time where phone access might be limited or unavailable entirely. 

   While we do not normally recommend contacting an inmate’s holding facility, in cases like this, we feel it is warranted. You can ask the staff about when your loved one will be able to call and might even pass your number along to that inmate. You can also ask to speak to the Chaplain or head of religious services for that jail and they are often responsive to helping inmates contact loved ones on the outside.

   Talking to your loved one on the phone can help ease their time inside and let them feel like they are not abandoned and a part of your life still. However, collect calls from jails can be expensive. Very expensive. It will be easier if you can put money on their books (See Below) so they can pay a lower cost straight from their account. You can also get a virtual local number to the facility they are in and reduce the costs even more. It is important to note that the phone systems do not count “local” numbers as those with the same area code. The phone number must have the same prefix as the facility to count for the lowest possible rate. This means if the jail has the phone number of (123) 456-7890 that the number you get must match the (123) 456-XXXX.

   It is important to note that these calls are recorded and monitored by the staff. Do not say things that you would not say in front of a police officer because that is basically what you are doing while on the phone with an inmate. You can talk about generalities or publicly known aspects of their case, for example, but anything of a sensitive nature should be spoken about in person on a visit, if at all.  You also do not have to tolerate any abuse from the person calling you. Yes, they are under a great deal of stress, but they do not have to take it out on you. Maintain a healthy sense of self while on the phone and let the person know if they cross the line into disrespect. If things do get out of hand, you can permanently block anyone in the jail from calling you. Just be aware that removing this block can be a hassle, so try not to do it inadvertently.

   Every jail has their own visitation restrictions for both those getting the visit and those doing the visiting. It is assumed you know where the person is that you want to visit, so you will know what facility to call and ask about their visitation policy. The person you want to see might not be available for non-legal visits for a certain period of time or be able to see visitors immediately. 

   Besides knowing when you can visit them, ask about any rules you might need to be aware of before showing up at the jail or prison. Some have vending machines and some do not. Some have restrictions on how many visitors can come to see one person at a time and limits on how many visits per day or week an inmate can receive. 

   Visiting an inmate can be an emotional time for everyone. This is especially true for people that do not have a lot of experience with incarceration. When visiting an inmate, try to keep the tone as light as possible to avoid adding stress. They may want to discuss things they feel helpless about or things they are unable to keep up with while in jail. You will need to walk a fine line sometimes with these subjects. Not talking about these things can be just as stressful, if not more so than the matters themselves. See Chapter 5 for more Visitation advice.

   There isn’t a lot you can do for an inmate in a county jail or federal holdover facility, but the things you can do can make a ton of difference in your loved one’s life behind bars. The top five things anyone on the outside can do for anyone on the inside are: 

1. Put money on their books

2. Take their calls.

3. Take the time to visit them in jail.

4. Write them letters.

5. Help on the outside.

   First is putting money on their prison commissary account. If you can afford it, even a few dollars can make a big difference in the comfort level of an inmate. Being able to grab a few Ramen soups or a sweatshirt or some chips can really make things a lot more tolerable inside the jail for that inmate. If they ask for more and more money or what seems like a lot of money, (see Chapter 18 for what an inmate’s expenses can be in jail) know that gambling, drug use and extortion are real possibilities and you may not want to be a part of that. Also, being asked to send money to someone else on the outside or onto another inmate’s account is another sign of something illicit occurring.

   Taking their calls is important because the times they have access to the phone may be limited or difficult. Of course you have your life to manage while still on the outside and it should come first, but keep in mind that your loved one might not be able to call again that day or even longer. It can be frustrating to stand in line to make a phone call only to have the person refuse to answer. Make sure to discuss with them the scheduling of calls, especially during holidays. Phone calls are also commonly limited in duration. If there is something you want to say, make sure to say it early in the call as it is easy for time to slip away and you get cut off before you can get to it.

   Visitation is a treasured part of any inmate’s day. If they are in the county jail or federal holdover, odds are they will be stuck in the same small pod almost constantly. Just getting out to see a different area of the jail is welcome relief from the boredom of incarceration. Having someone care enough to go through the time and the hassle of visiting means a lot to an inmate. The system puts a lot of effort into making every inmate feel like a number and faceless part of the machine, but having someone show up and see them as a human being can help an inmate keep a sense of self and not feel hopelessly lost in the system. Like phone calls, visitation can be stressful. If you do not enjoy coming to see the inmate, you should not do so. Visitation can also be expensive. Some visitation rooms have vending machines for inmates and/or visitors to use. Being able to eat and drink something different than the standard jail fare is incredibly luxurious for inmates. 

   Writing to an inmate is important. While it is true that people rarely write actual letters anymore, letters are an important way for inmates to stay in contact with people on the outside. Letters give you a chance to say what you really want to say without the time pressure of a phone call or the public display of visitation. Like phone calls, letters are often read by staff members, so keep that in mind when putting pen to paper. Letters are a great way to let the person inside feel like they are a part of your day. Just a diary-type entry letting them know you are thinking of them and what you are doing or how others you know are doing means a lot. Write what you can in a week and drop it in the mail box. More often if you make them longer. Getting a letter at mail call is a good feeling for an inmate. It should be noted that it is not recommended you send anything other than the letter in the mail. Do not include money or stamps or anything else. An exception to this is photographs. Check with the rules of the facility, but photos (limited in number and in content–nudes may or may not be allowed) may be permitted.

   Lastly, helping on the outside can be a lot to take on. Being incarcerated can make a person feel totally helpless. This can range from looking things up on the internet for them to paying bills to packing up an apartment or house of belongings. To what degree–if any–you are willing to do this is entirely up to you. This can be a lot to take on, especially if the incarcerated person tries to micro-manage aspects of this from the inside. Set clear boundaries and expectations if you do decide to help with anything in this manner.

Whatever you decide to do–if anything–should be greatly appreciated by the person being held in custody. If it is not, then you might want to reconsider if you want to continue to do those things. In the end, the person is locked up because of their own actions and must accept the consequences of those actions. Do not feel responsible for helping that person. Your primary responsibility should be to yourself and others on the outside. If you can do something to help someone in jail or prison, that is great. If you can not, then that is okay, too.

 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 needs 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 recognizance, 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 Pre-Sentence 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 your 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 more details on this process, see Chapter 13: Transit.