Yes. Federal cases can be dismissed through successful motions to suppress unlawfully obtained evidence, motions to dismiss for grand jury abuse or speedy trial violations, or pre-indictment advocacy that persuades the U.S. Attorney to decline prosecution. Every case gets a full motion analysis.
No. Do not answer questions from FBI, DEA, ATF, IRS, or Homeland Security agents without an attorney. Lying to a federal agent is itself a felony under 18 U.S.C. §1001, even if the underlying subject matter is not criminal. Politely decline and call a federal defense lawyer immediately.
A proffer (also called a queen for a day interview) is a meeting with prosecutors and agents where a defendant provides information under a limited-use immunity agreement. Proffers can lead to reduced charges or 5K1.1 cooperation credit, but they carry significant risk and must be prepared carefully with counsel.
Federal cases typically take 12-24 months from indictment to resolution. Complex fraud, RICO, and multi-defendant conspiracy cases can take significantly longer. Speedy Trial Act deadlines can be waived by the defense or extended for complex cases.
The safety valve (18 U.S.C. §3553(f)) allows certain drug defendants to be sentenced below the mandatory minimum if they have limited criminal history, did not use violence or a firearm, were not organizers, and truthfully provide the government with all information about the offense.
Federal defense fees vary based on complexity, discovery volume, and whether the case goes to trial. Smith & Eulo offers free initial consultations and structured payment plans. The cost of an inadequate defense — measured in additional years of imprisonment — vastly exceeds any legal fee.
The Guidelines are an advisory sentencing framework that calculates a range in months based on an offense level and criminal history category. Judges must consider the Guidelines but can vary above or below them under 18 U.S.C. §3553(a). Skilled guideline analysis and sentencing advocacy can reduce exposure by years.
5K1.1 motions are filed by the government at sentencing when a defendant provides substantial assistance in prosecuting others. Rule 35 motions are filed post-sentencing for cooperation that continues after sentencing. Both can result in significant sentence reductions but depend entirely on the government’s willingness to file.
Federal detention hearings are governed by the Bail Reform Act (18 U.S.C. §3142). Many drug, firearms, and violent offenses carry a rebuttable presumption of detention. Winning release requires showing you are neither a flight risk nor a danger — typically through third-party custodian, property bond, and strict conditions.
Yes. Federal defendants have the right to appeal to the U.S. Circuit Court of Appeals (the Eleventh Circuit for Florida). Appeals must be filed within 14 days of judgment. Post-conviction options include §2255 motions to vacate, sentence reduction motions, and executive clemency petitions.
Managing Partner
