Who this is for
Kaufman Legal Group leads with federal criminal defense. We represent people under investigation, people who have received a subpoena or target letter, and people already charged in federal court.
Many of our clients have never been in trouble before. Some are business owners or professionals. Others are family members trying to help someone who has just been arrested.
How federal cases differ from state cases
Federal crimes are prosecuted by the United States Attorney’s Office, which works with federal agencies to investigate and represents the government in every criminal prosecution. Those investigations often run for months before anyone is charged.
The rules are different too. Charges often come through a grand jury, which hears evidence presented by prosecutors and decides whether it is enough to require a trial. Pretrial release is decided under 18 U.S.C. § 3142. Sentences are set by a federal judge who must consult the U.S. Sentencing Commission’s guidelines.
- Speedy trial deadlines. Under the Speedy Trial Act, charges generally must be filed within 30 days of arrest, and trial must begin within 70 days of indictment or first appearance, though many periods of delay are excluded.
- Pleas. Federal courts report that more than 90 percent of defendants plead guilty, which makes early negotiation and preparation important.
- Burden of proof. At trial the government must prove guilt beyond a reasonable doubt. You do not have to prove your innocence.
Federal cases are often decided by what happens before charges are filed.
Stages of a federal case
- InvestigationAgents interview witnesses, gather records and may serve subpoenas or search warrants.
- Target letter or arrestProsecutors may notify a target before seeking an indictment, or agents may make an arrest.
- Initial appearance and detentionA judge explains the charges and decides release or detention, usually at a hearing held right away.
- Arraignment, discovery and motionsYou enter a plea, review the government’s evidence and challenge what should be challenged.
- Plea or trialThe case resolves by agreement or in front of a jury.
- SentencingIf there is a conviction, the judge weighs the guidelines and the factors in 18 U.S.C. § 3553(a).
Release and detention
At the first appearance a judge decides whether you will be released before trial. The options include release on your own recognizance, release on conditions, or detention.
The judge can order detention only after a hearing and a finding that no condition or combination of conditions will reasonably assure your appearance and the safety of others. The hearing is usually held immediately, though either side can ask for a short delay.
How federal sentences are set
Federal law tells judges to impose a sentence that is sufficient, but not greater than necessary. The judge considers the offense, your history and background, the guidelines range, the need to avoid unfair differences between similar cases, and any restitution owed.
This is why a federal defense often includes building a full picture of the person, not only contesting the charges.
How Kaufman Legal Group can help
Jason Kaufman has tried more than 90 cases and is a Criminal Justice Act panel attorney in the Southern District of Florida. He also works as a jury consultant. He works with Phil Horowitz, who has practiced criminal defense since 1985 and spent decades on the CJA panel in the Southern and Middle Districts of Florida, and Victor E. Rocha, admitted to The Florida Bar in 1983, who practices in federal courts including the Eleventh Circuit and the Southern District of Florida and speaks Spanish. Together they bring more than 100 years of combined experience.
The team can respond to agents and subpoenas, deal with prosecutors before charges are filed, argue for release, and prepare the case for trial and, when needed, for sentencing. The first consultation is free and confidential.