Federal cases are prosecuted by United States Attorney’s Offices with substantial resources and time. Many are investigated for months or years before an arrest. If you have received a target letter, a grand jury subpoena or a visit from agents, the case may still be in a stage where early advice changes the outcome.
How a federal case moves
- Investigation: agents interview witnesses and use subpoenas and search warrants. A target letter means prosecutors believe there is substantial evidence linking you to a crime.
- Arrest and initial appearance: release conditions or detention are decided under the Bail Reform Act, 18 U.S.C. § 3142.
- Indictment: under the Speedy Trial Act, an indictment generally must be filed within 30 days of arrest, and trial must generally begin within 70 days, subject to many exclusions.
- Discovery, motions and plea discussions, including proffer sessions.
- Trial or plea, then sentencing under the advisory U.S. Sentencing Guidelines and the factors in 18 U.S.C. § 3553(a).
Where we can help
- Responding to grand jury subpoenas and document requests.
- Communicating with prosecutors and agents on your behalf.
- Detention hearings and bail packages.
- Plea agreements, cooperation questions and sentencing advocacy.
Questions clients ask
What is the difference between a witness, a subject and a target?
Under Justice Department practice, a witness has relevant information, a subject’s conduct is within the scope of the investigation, and a target is someone prosecutors have substantial evidence against and consider a putative defendant. Your status can change, which is why early advice matters.
This page is general information about New York law, current as of its last review. It is not legal advice about your situation, and laws and court practices change. Speak with a lawyer about the facts of your case.