Frequently Asked Questions
Every case is different. These answers provide a starting point for understanding federal criminal defense.
What should I do if I am under investigation for federal criminal defense?
Remain silent and seek legal counsel. This guide explains what happens at each stage of a federal investigation and what federal criminal defense involves.
How can a defense attorney help before charges are filed?
A skilled attorney can engage with prosecutors pre-indictment, present exculpatory evidence, challenge search warrants, and in many cases persuade the government to decline prosecution or reduce charges to a civil resolution.
What are the penalties for federal criminal defense?
Penalties vary by statute but can include 10-20 years in federal prison per count, fines up to $250,000 or twice the alleged loss, mandatory exclusion from federal healthcare programs, and forfeiture of assets tied to the alleged fraud.
What primary sources govern federal criminal procedure?
The Federal Rules of Criminal Procedure govern proceedings in federal criminal cases, from initial appearance through sentencing. See the primary sources below.
How long do federal criminal defense investigations last?
Federal federal criminal defense investigations typically last 12 to 24 months, sometimes longer. During this period, investigators review billing records, interview staff and patients, and may execute search warrants. Having counsel involved from the earliest sign of an investigation can dramatically affect the outcome.
Can federal criminal defense cases be resolved without trial?
Yes. Many federal criminal defense cases resolve through pre-indictment negotiation, deferred prosecution agreements, or civil settlements under the False Claims Act. The key is having an attorney who knows when to negotiate and when to prepare for trial.
Primary sources
Fed. R. Crim. P. 2 — Purpose and construction — uscourts.gov:
just determination of every criminal proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay.
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Published by John D. Kirby — White Collar Defense Research Desk
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