Federal charges can threaten your freedom, career, finances, and family. Federal prosecutors have investigators, cooperating witnesses, extensive resources, and time to build their case. You need to understand what you are facing before you speak, sign an agreement, or make a decision that cannot be reversed.
Below are answers to common questions about federal investigations and criminal charges. If federal agents have contacted you or you have already been charged, contact federal criminal defense attorney Michael J. Petro before answering questions or surrendering your rights.
What should I do if federal agents contact me?
Remain calm and do not lie, guess, destroy records, or interfere with the agents. You generally do not have to participate in a voluntary interview.
Tell the agents that you want to speak with an attorney before answering questions. Do not try to talk your way out of the investigation. Statements that appear harmless can be taken out of context or compared against evidence you have not seen.
Attorney Petro can contact the agents or prosecutor, determine what is being investigated, and advise whether providing any statement is in your interest.
Learn more about protecting yourself during federal investigations and grand jury proceedings.
Do I need an attorney if I have not been charged?
Yes. Some of the most important defense work occurs before an indictment.
Federal investigators may spend months collecting records, interviewing witnesses, monitoring communications, and analyzing financial transactions before approaching the target. Early representation may allow an attorney to identify potential charges, prevent damaging statements, respond to subpoenas, and present important information before prosecutors make a charging decision.
Waiting for an arrest can cause opportunities that existed during the investigation to be surrendered.
What is the difference between a witness, subject, and target?
A witness may possess information relevant to an investigation without being suspected of committing a crime.
A subject is someone whose conduct falls within the scope of the investigation.
A target is someone whom prosecutors believe substantial evidence connects to a federal crime and who may be charged.
These descriptions can change. Someone initially called a witness may later become a subject or target. Do not assume that you face no risk merely because an agent says you are “only a witness.”
What should I do after a federal arrest?
Do not discuss the facts with agents, other detainees, friends, or family members. Jail calls are commonly recorded and can be used as evidence.
Ask for an attorney and avoid making substantive statements about the allegations. Your lawyer can address the initial appearance, detention or pretrial release, the charges, and the government’s evidence.
The government is already building its case. Your defense should begin immediately.
Can I discuss my case safely over the telephone?
You can contact an attorney by telephone, but avoid discussing sensitive facts through a jail telephone, monitored messaging system, work device, shared account, or another person’s telephone.
Begin by providing enough information for the attorney to identify the case and check for conflicts. The attorney can then explain the safest way to discuss detailed or sensitive information.
Never assume that communications with friends, relatives, accountants, business partners, or other third parties are protected by attorney-client privilege.
What should I do if I receive a federal grand jury subpoena?
Do not ignore it. A grand jury subpoena may require testimony, documents, business records, electronic communications, or financial information.
At the same time, do not immediately produce everything or agree to testify without legal advice. An attorney should examine the subpoena’s scope, deadline, preservation requirements, privilege issues, and your potential criminal exposure.
Counsel may be able to negotiate additional time, narrow an overly broad demand, protect privileged materials, assert applicable constitutional rights, or seek judicial relief when legally justified.
Can federal agents search my home or business?
Federal agents may search a home, office, vehicle, computer, telephone, or electronic account when they possess a valid warrant or another recognized legal basis.
If agents execute a warrant, do not physically interfere. Ask for a copy of the warrant and contact an attorney. You generally do not have to answer investigative questions merely because agents are conducting a search.
The defense should examine whether the warrant was supported by probable cause and whether agents exceeded its authorized scope. Attorney Petro discusses these issues in his analysis of challenging search warrants based on a lack of probable cause.
What kinds of federal criminal cases does Attorney Petro handle?
Attorney Petro represents clients facing serious federal investigations and charges involving:
- Drug trafficking
- Firearms offenses
- Mail fraud and wire fraud
- Bank fraud
- Money laundering
- Healthcare fraud
- Tax offenses
- Embezzlement and theft
- PPP, EIDL, and SBA loan fraud
- Internet and computer crimes
- Conspiracy
- Obstruction of justice
- False statements
- Public corruption
- Federal asset forfeiture
- Other serious federal offenses
Additional information is available on Attorney Petro’s federal crimes and defense practice areas page.
Should I accept a federal plea agreement?
Not until the agreement has been carefully evaluated.
A plea agreement can determine the offense of conviction, sentencing exposure, restitution, forfeiture, cooperation obligations, and whether you retain the right to appeal. Dismissed charges or uncharged conduct may sometimes affect the Sentencing Guidelines.
Before recommending a plea, Attorney Petro evaluates the government’s evidence, available defenses, mandatory minimums, likely Guidelines range, factual stipulations, appeal waivers, and risks of trial.
A prosecutor’s sentencing recommendation generally does not bind the judge. Learn more about working with a federal plea negotiation attorney.
Can Attorney Petro take my federal case to trial?
Yes. A person accused of a federal crime has the right to require prosecutors to prove every element beyond a reasonable doubt.
Trial preparation includes investigating the allegations, reviewing discovery, filing pretrial motions, challenging evidence, preparing witnesses, selecting a jury, cross-examining government witnesses, and presenting the defense.
Attorney Petro has served as lead counsel in more than 45 federal jury trials. Learn more about his experience as a federal criminal trial attorney.
How is a federal sentence determined?
Federal sentencing involves the statutory penalties, mandatory minimums, advisory United States Sentencing Guidelines, criminal history, offense conduct, and the factors listed in 18 U.S.C. § 3553(a).
The Presentence Investigation Report may contain factual errors or disputed Guideline calculations that substantially increase the proposed sentence. Potential issues include loss amounts, drug quantities, role enhancements, obstruction, acceptance of responsibility, and criminal history.
Effective sentencing advocacy also requires presenting the judge with a complete picture of the defendant’s history, personal characteristics, rehabilitation, family circumstances, and other mitigating evidence.
Learn more about federal sentencing and sentence reductions.
Can I appeal a federal conviction or sentence?
Possibly. An appeal may involve legal errors concerning evidence, suppression rulings, jury instructions, sufficiency of the evidence, Sentencing Guidelines, or the reasonableness of the sentence.
Appellate deadlines are strict. A notice of appeal in a federal criminal case generally must be filed shortly after entry of judgment. A defendant should obtain appellate advice immediately rather than waiting until the deadline approaches.
A guilty plea or appeal waiver may limit the issues that can be raised, but it does not necessarily eliminate every possible claim. Learn more about representation by a federal criminal appeals attorney.
Can a federal conviction be expunged or sealed?
Federal courts generally have very limited authority to expunge or seal a valid federal conviction. Employment problems, reputational harm, or rehabilitation alone ordinarily do not guarantee that the record can be erased.
Relief may be available in limited circumstances, depending on the offense, the governing statute, the validity of the conviction, and the procedural history. Each case requires an individual legal review.
Attorney Petro discusses the limitations on expunging a federal criminal conviction.
Can a wrongful federal conviction be challenged?
A conviction may sometimes be challenged through a direct appeal, a motion under 28 U.S.C. § 2255, or another legally authorized procedure.
Possible issues may include ineffective assistance of counsel, government misconduct, undisclosed favorable evidence, false testimony, newly discovered evidence, or serious constitutional violations.
Strict deadlines and procedural restrictions apply. Anyone considering postconviction relief should act promptly. Additional information is available on Attorney Petro’s wrongful conviction attorney page.
Does Attorney Petro represent police officers accused of crimes?
Yes. Attorney Petro represents law enforcement officers facing criminal investigations and charges.
These cases can affect an officer’s freedom, employment, certification, pension, and professional reputation. An officer may also face internal affairs proceedings, administrative interviews, or questions implicating Garrity protections.
Criminal and employment issues can overlap, but they require careful coordination. Officers should obtain independent legal advice before providing statements that may affect either proceeding. Additional information is available on Attorney Petro’s Police Officer Criminal Defense Attorney page.
What if a conviction could affect my immigration status?
A criminal charge or guilty plea can have serious immigration consequences for a person who is not a United States citizen.
Before entering a plea, the defense must consider whether the offense could affect admissibility, lawful status, removal, naturalization, or the ability to return to the United States.
Attorney Petro handles the criminal defense and may coordinate with qualified immigration counsel when specialized immigration advice is required. Immigration consequences should be evaluated before a plea agreement is signed.
Does Attorney Petro represent clients outside Tampa?
Attorney Petro maintains offices in Tampa and Chicago.
Representation in another federal district is always possible through admission for a particular case. There are local rules, Court approval, and any local counsel requirements that apply.
How much does federal criminal defense representation cost?
Legal fees depend on the seriousness and complexity of the case, the stage of the proceedings, the amount of discovery, anticipated motions, potential trial preparation, travel, and other demands of the representation.
An investigation requiring a limited response to a subpoena is different from a multi-defendant federal prosecution involving extensive discovery and trial preparation.
Attorney Petro will discuss the anticipated scope of representation and fee arrangement before an agreement is signed.
Where are Attorney Petro’s offices?
Attorney Petro maintains offices in Tampa, Florida, and Chicago, Illinois.
The Tampa office is located at:
110 N. 11th Street, Suite 202
Tampa, Florida 33602
813.499.9111
The Chicago office is located at:
20 N. Clark Street, Suite 720
Chicago, Illinois 60602
312.913.1111
Visit the contact page for office information and the online contact form.
What happens during the federal criminal process?
A federal case may proceed through investigation, charging, an initial appearance, discovery, pretrial motions, plea negotiations, trial, sentencing, and appeal. The United States Department of Justice provides an overview of the federal criminal process.
Not every case follows the same path. The strategy depends on the allegations, evidence, potential penalties, and the client’s objectives.
When should I contact a federal criminal defense attorney?
Immediately after learning that you may be under investigation, receiving a subpoena, being contacted by agents, or being arrested.
What you say and do at the beginning can affect the entire case. Do not give federal prosecutors more time to strengthen their position while your rights and freedom remain exposed. Contact federal criminal defense attorney Michael J. Petro now.