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Counsel’s notes · Filed under

Federal Defense

  • Your Rights in a Voluntary FBI Interview

    Miranda only applies when both “custody” and “interrogation” are present. While the FBI wants to talk to you, that isn’t “interrogation” in the legal sense. And, while you are talking to them, you aren’t…

  • Reading the Signals That a Federal Case Is Forming

    The answer is that it’s not always possible. FBI investigations often remain confidential. Federal law enforcement agents can investigate you for weeks, months, or even years without you knowing. FBI agents might not even…

  • How to Find Out If a Federal Investigation Was Closed

    Many federal investigations end without ever creating a public court docket. If you were targeted for a federal inquiry and it closed, there is often no paper trail for you to find on PACER…

  • What Federal Defense Representation Actually Costs

    Reportedly, moderately complex federal cases will cost between $25,000 and $75,000 before trial. A federal trial can double the cost of pretrial representation. Reportedly, complex federal defenses are not uncommon to exceed $100,000 in…

  • Why FBI Investigations Drag On for Years

    There is no prescribed length of time for an FBI investigation, and there are no standard deadlines for completion. As a result, many federal criminal investigations continue for several months or even years before…

  • HSI or FBI: Which Agency Investigates Your Case, and Does It Matter?

    Yes. When HSI knocks, the badge it wears symbolizes more than just law enforcement power, but also potentially life-altering detention powers, financial repercussions that are civil (and may be punitive) and yet are no…

  • Facing Federal Court With No Prior Record

    Most federal criminal cases end in guilty pleas rather than trials. Being a first-time offender is not a defense, but it can offer advantages. 1. Criminal History Category I and the Guidelines As a…

  • Departures and Variances: Two Routes Below the Guidelines

    In 2005, the Supreme Court of the United States decided United States v. Booker. This decision changed the nature of the U.S. Sentencing Guidelines from mandatory to advisory. This decision also led to a…

  • From FBI Investigation to Arrest: How a Case Moves

    FBI Investigation vs. Arrest: Understanding the ProcessMany federal criminal investigations last for months or even years before anyone is arrested. Often, an FBI investigation could begin without you being aware that you are being…

  • When FBI Agents Skip the Miranda Warning

    If federal agents hold you in custody and begin an interrogation, then they must provide you with your Miranda warnings before questioning you. However, for voluntary and non-custodial interviews, FBI agents generally do not…

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