Federal criminal defense matters move through defined stages, and therefore early strategic choices frequently shape both case resolution and sentencing exposure; read on for a practical roadmap, intake checklist, and immediate steps counsel should take in the first 72 hours.
Federal criminal matters proceed through distinct stages, and consequently early choices usually determine both whether a case resolves by plea or goes to trial and what sentencing exposure a defendant faces. First, an investigation often begins with subpoenas, search warrants, and witness interviews; next, prosecutors may file a complaint, an information, or pursue a grand-jury indictment.
By Brian D. Lerner — A practical roadmap of federal case stages, sentencing mechanics, and immediate intake priorities. This content is informational and not individualized legal advice.
How to act in the first 72 hours — immediate priorities
Immediately upon contact, counsel should do the following: first, secure all charging documents and ask for the full arrest or investigative file; second, preserve digital evidence and request preservation letters where appropriate; third, identify potential witnesses and secure written statements or contact info; fourth, calendar deadlines and any court dates; and fifth, assess bail/detention issues and move promptly to contest detention if indicated. Meanwhile, document any interactions with law enforcement, and moreover, avoid making statements until counsel is present.
Federal case stages — quick reference
| Stage | What happens | Defense focus |
|---|---|---|
| Investigation | Agency inquiries: searches, subpoenas, interviews. | Preserve evidence; issue preservation letters; advise client to invoke counsel. |
| Charging | Complaint, information, or grand-jury indictment filed. | Obtain charging papers; evaluate probable cause and early defenses. |
| Initial appearance / Arraignment | Plea entered; bail/detention addressed. | Request counsel, contest detention, and enter a prudent plea (often “not guilty”). |
| Discovery & Pretrial Motions | Evidence exchange; suppression/Brady disputes. | File discovery motions, Brady/Giglio demands, and suppression motions promptly. |
| Plea Negotiation or Trial | Case resolves by plea or proceeds to trial. | Negotiate stipulated guideline calculations or prepare trial strategy and witnesses. |
| Sentencing | PSR prepared; Guidelines calc + §3553(a) factors considered. | Submit PSR objections, mitigation, victim-impact strategy, and request downward variance when appropriate. |
| Appeal / Post-conviction | Legal review of errors; collateral relief where applicable. | Preserve issues on the record; evaluate direct appeal and habeas options early. |
Defense intake & evidence checklist
- Client identifiers: legal name, DOB, aliases, booking number, and contact for family/POA.
- All charging documents and arrest affidavits; request the full investigative file immediately.
- Preserve digital evidence: device IDs, cloud account names, metadata preservation instructions, and preservation letters.
- Request all discovery: reports, interviews, recordings, surveillance video, forensic reports, and grand-jury materials where available.
- Collect mitigation materials quickly: employment records, school transcripts, medical/mental-health records, and family affidavits.
- List witnesses and obtain sworn statements; note interpreter needs and accessibility requirements.
- Record timeline of events and calendar deadlines for motions, plea cutoffs, sentencing submissions, and appeal windows.
Example (anonymized) — how early motions can reshape a case
For example, in one typical matter, counsel filed a prompt suppression motion after identifying an improper search; subsequently, the court suppressed key evidence and, therefore, the government substantially reduced charges in a negotiated plea. As a result, the client’s guideline exposure dropped by multiple offense levels. Thus, early evidence review and swift paperwork materially changed the outcome in that case.
Frequently asked questions
How often do federal cases go to trial?
Most federal cases resolve through plea agreements; however, trials still occur when factual disputes or legal issues are strong and plea offers are inadequate.
What determines a federal sentence?
Sentencing begins with the U.S. Sentencing Guidelines but judges must also consider §3553(a) factors; therefore, guideline calculations plus mitigation evidence influence the final sentence.
Can accepting responsibility reduce my sentence?
Yes. Acceptance of responsibility typically lowers offense levels under the Guidelines; consequently, plea agreements often seek this credit to reduce exposure.
What should I bring to my first meeting with counsel?
Bring charging documents, police reports, witness contact information, device/account details, and any mitigation records (employment, school, medical). Full candor helps counsel evaluate defenses.