The moment federal agents charge you, the government is already ten steps ahead. Federal prosecutors like to brag that they win over **95%** of their cases. (Although not against us!  More on that later.) If you don’t act fast, you risk your freedom, career, and future.

In the sections below, learn about:

Short answer: Do not talk to agents, do not consent to searches, and get experienced federal counsel immediately. The federal criminal system moves quickly and harshly. This guide cuts through the noise so you know what’s coming, what you can do right now, and how we defend you in federal courts nationwide.

Facing Criminal Charges? Arrange for Your Free & Confidential Federal Defense Attorney Consultation by Calling (619) 794-0451

Table of Contents:

  1. What “federal charges” actually mean
  2. First 24 hours: what to do and what to avoid
  3. The federal case timeline (plain-English version)
  4. Detention (bail) in federal court
  5. Indictment vs. complaint vs. information
  6. “Target letters” and pre-indictment strategy
  7. Should you talk to agents or prosecutors?
  8. Plea bargaining, trial, and the so-called “trial tax”
  9. Sentencing guidelines in real life
  10. Common federal offenses we defend in San Diego
  11. How we build your defense, step by step
  12. FAQs

1) What makes it a federal case?

Federal cases are brought by the United States Government and are typically prosecuted by an Assistant U.S. Attorney. Agencies such as the FBI, DEA, IRS-CI, ATF, HSI, or Postal Inspectors conduct the investigation. Only the government can initiate a federal criminal case, usually in coordination with a federal law-enforcement agency. Attorneys admitted to practice can usually appear in federal courts anywhere.

2) Your first 24 hours: do this, not that

  • Do not make statements. Invoke your right to remain silent and request a lawyer.
  • Do not consent to searches of your phone, home, or car.
  • Do keep every document you receive (complaint, warrant, target letter, subpoena).
  • Do call experienced federal defense counsel quickly, especially if you are contacted by agents or served with a subpoena.

3) The federal case timeline (the real-world version)

While every case is different, most follow a recognizable path:

  1. Investigation → 2. Charges → 3. Initial Appearance → 4. Detention/Bail → 5. Discovery & Motions → 6. Plea or Trial → 7. Sentencing → 8. Appeal

*The above is actually based on the Justice Department’s own high-level roadmap of the federal process.

4) Detention (bail) in federal court

Release isn’t automatic. After your initial appearance, the court often sets a detention (bail) hearing to decide whether you can be released and under what conditions (e.g., bond, travel limits, electronic monitoring). Hearing timing is fast, often within a few days.

5) Indictment vs. complaint vs. information (why it matters)

  • Complaint: sworn affidavit used to arrest quickly; usually followed by an indictment.
  • Indictment: grand jury charges; used in most felonies.
  • Information: charging document filed without a grand jury, typically when there’s an agreed-upon plea deal.

Understanding which document was filed tells us about the government’s timeline and leverage.

*See DOJ’s process overview for where each fits.

6) “Target letters” and pre-indictment strategy

If you received a target letter, the government believes it has evidence linking you to a crime and is signaling that charges are likely. Target letters also warn about rights and preservation of evidence. We often intervene before charges to negotiate, narrow issues, or present exculpatory context.

*See DOJ materials on target letters and grand jury practice.

7) Should you talk to agents or prosecutors?

Not without counsel. Conversations feel informal, but they’re evidence. Even well-intentioned explanations can create exposure or close off defenses.

8) Plea bargaining, trial, and the reality of federal outcomes

Most federal cases resolve by plea rather than trial. Recent federal data show roughly nine in 10 defendants plead guilty and jury trials are rare; the U.S. Sentencing Commission reports more than 97% of sentenced individuals pled guilty in FY 2023. That said, McKenzie Scott PC tries multiple cases each year, and three out of four criminal trials have resulted in a not-guilty verdict, a mistrial, or a reversal on appeal—a record that’s second to none.  Translation: early leverage and motion practice matter, and your choice of counsel really matters.

9) Sentencing guidelines: what they really do

The U.S. Sentencing Guidelines start with an offense level and a criminal history category to suggest a range. Enhancements (role, loss amount, drug weight, firearms), reductions (acceptance of responsibility), and departures/variances can move the range. We audit every guideline step, fight enhancements, and build mitigation for variance.

10) Common federal charges we defend in San Diego

Our team is licensed to practice in federal courts and has decades of experience successfully handling criminal cases. In fact, although the federal prosecutor conviction rate is above 90%, McKenzie Scott’s federal criminal defense attorneys in San Diego have successfully reached favorable outcomes (acquittals, hung juries, or reversals on appeal) in over 75% of cases.

11) How McKenzie Scott builds your defense

  • Early shield: We stop agent contact, control information flow, and assert your rights.
  • Pre-indictment advocacy: Where possible, we engage the Assistant United States Attorney (AUSA) to limit or avoid charges.
  • Motions and discovery attack plan: Aggressive suppression motions, challenging search warrants, forensic review of evidence.
  • Sentencing positioning: ONLY when a plea makes sense, we maximize acceptance credit, challenge loss/role, and build a mitigation record (work history, treatment, restitution plans, character letters).
  • Trial readiness: Jury research, expert selection, and a simple, credible narrative based on our best facts.

12) FAQs (Frequently asked questions about federal criminal charges)

Q: What happens first after an arrest on federal charges? A: You’ll have an initial appearance in federal court, followed by a detention hearing and arraignment. Timing is fast; call counsel immediately so we can prepare for release conditions.

Q: Are target letters always sent before indictment? A: No. Many cases proceed without any letter. If you do receive one, it’s a serious warning and an opportunity to engage counsel before charges are filed.

Q: Do most people go to trial? A: No. The overwhelming majority resolve by plea; trials are the exception. That’s exactly why early motion practice and negotiation leverage are critical.

Q: Can I talk to agents to “clear things up”? A: Not without your lawyer. Even innocent inconsistencies get used against you. We handle all communications to protect you.

Q: How soon should I hire a federal criminal lawyer? A: Immediately. The earliest days set the tone for detention, discovery, and charging decisions.

Summary:

At McKenzie Scott, we’ve dedicated our careers as trial lawyers to defending those who have been charged with crimes by the federal government, and we get outstanding results. Below, we’ve provided a practical checklist (for you to print and keep).

If you’ve been charged with a federal crime:

  • Do not speak to agents. Say: “I want a lawyer.”
  • Do not consent to searches of phone, home, vehicle, or accounts.
  • Gather documents: warrants, subpoenas, target letter, contact cards.
  • Make no social-media posts.
  • Call (619) 794-0451 and schedule a confidential attorney consult.
  • List potential witnesses and preserve helpful evidence.
  • Provide your counsel with employer and travel details for release planning.

Contact the best criminal defense attorneys in San Diego now for your free consultation: (619) 794-0451