When federal charges enter your life, the stakes become extraordinarily high. Federal prosecutions operate under different rules, procedures, and sentencing guidelines than state criminal cases. The federal system demands a defense strategy built on focused knowledge, courtroom experience, and an understanding of how federal agencies investigate and prosecute crimes. Hart Powell, S.C. brings three decades of federal criminal defense experience to clients facing serious federal charges in Milwaukee and throughout Wisconsin. Our attorneys have defended clients against complex federal prosecutions, navigated grand jury investigations, and secured favorable outcomes in federal court.
Why Federal Criminal Defense Requires Focused Experience
Federal criminal cases differ fundamentally from state prosecutions. Federal prosecutors have virtually unlimited resources, including FBI agents, DEA investigators, and specialized task forces. Federal courts follow the Federal Rules of Criminal Procedure, which contain procedural requirements distinct from Wisconsin state court rules. Federal sentencing guidelines are advisory, and judges retain discretion in sentencing decisions. Understanding these differences separates effective federal defense from inadequate representation.
Understanding Federal vs. State Criminal Prosecution
Federal crimes involve violations of federal law, statutes enacted by Congress and enforced by federal agencies. These cases proceed through the federal court system, where judges apply federal rules of evidence and procedure. State crimes, by contrast, violate Wisconsin statutes and proceed through state courts under Wisconsin rules. Federal investigations often involve multiple agencies coordinating efforts. Federal prosecutors (called Assistant United States Attorneys or AUSAs) work from the U.S. Attorney’s Office with resources that dwarf most state prosecution budgets.
Federal sentencing guidelines are advisory. Judges must consider the guidelines as a starting point, but retain discretion to impose sentences outside the guideline range. Judges justify any variance from the guidelines based on statutory sentencing factors under 18 U.S.C. § 3553(a), including the nature and seriousness of the offense, the need for deterrence, and the defendant’s background and characteristics. This system creates opportunities for skilled defense attorneys to argue for sentence reductions based on mitigating factors.
Federal Crimes We Defend Against
Hart Powell, S.C. handles the full spectrum of federal criminal charges. Our experience includes:
- Drug Crimes: Federal drug trafficking, drug conspiracy, possession with intent to distribute controlled substances, and money laundering related to drug operations. Federal drug charges carry mandatory minimum sentences, often 10 years or more for trafficking offenses.
- White-Collar Crimes: Bank fraud, mail fraud, wire fraud, Medicare and healthcare fraud, securities fraud, state fraud, and embezzlement. These offenses often involve complex financial transactions and require detailed analysis of evidence.
- Firearms Offenses: Federal firearms possession by felons, firearm trafficking, and violations of federal weapons statutes. These charges frequently carry mandatory minimum sentences.
- Internet Sex Crimes: Child sexual abuse material possession, online enticement of minors, and internet exploitation. Federal internet sex crime prosecutions involve focused investigative techniques and require aggressive defense strategies.
- Conspiracy Charges: Federal conspiracy charges often accompany other federal offenses. Conspiracy convictions can result in sentences as severe as the underlying crime.
- Pre-Indictment Investigations: When federal agents contact you or your business, immediate legal representation protects your rights. We represent clients during pre-indictment phases.
Our Approach to Federal Criminal Defense
Hart Powell, S.C. employs a proactive, aggressive defense strategy from the moment a client engages our firm. We do not wait for an indictment to begin our investigation. Early intervention during the investigation phase allows us to gather evidence, identify witnesses, and develop defense theories before federal prosecutors finalize their case.
We coordinate with forensic experts, private investigators, and specialized consultants to challenge the government’s evidence. Federal cases often involve complex financial records, digital evidence, or scientific testimony. We retain experts to analyze this evidence and identify weaknesses in the prosecution’s case. We file discovery motions to obtain all evidence the government possesses. We challenge search warrants and seizures that violate Fourth Amendment protections. We file motions to suppress illegally obtained evidence. We prepare detailed sentencing mitigation packages that present our clients’ backgrounds, accomplishments, and reasons for leniency to the court.
Federal Sentencing Guidelines and Your Defense
Federal sentencing guidelines are advisory. Judges must consider the guidelines as a starting point, but retain discretion to impose sentences outside the guideline range. The guidelines calculate an offense level based on the specific crime and aggravating factors. The guidelines then cross-reference the offense level with the defendant’s criminal history category to determine a sentencing range. Judges justify any variance from the guidelines based on statutory sentencing factors under 18 U.S.C. § 3553(a), including the nature and seriousness of the offense, the need for deterrence, and the defendant’s background and characteristics.
Understanding sentencing guidelines allows us to challenge the government’s proposed offense level. We argue for lower offense levels based on the specific facts of your case. We present mitigating factors that justify sentences below the guideline range. We prepare comprehensive sentencing memoranda that tell your story to the judge. We coordinate character letters from employers, family members, and community leaders. We present evidence of rehabilitation, community ties, and reasons for leniency. Federal sentencing hearings determine the trajectory of your life. We prepare carefully for these critical proceedings.
The Federal Investigation Process
Federal investigations often begin long before a defendant learns they are under investigation. Federal agents may conduct surveillance, execute search warrants, subpoena records, and interview witnesses without notifying the target. Grand juries issue subpoenas for documents and testimony. Cooperating witnesses may wear recording devices during conversations with targets. When federal agents contact you, you face a critical decision point.
Protecting Your Rights During Federal Investigations
Never speak to federal agents without an attorney present. Anything you say can and will be used against you. Federal agents are trained interrogators who know how to extract incriminating statements. Even truthful statements can be misinterpreted or used to establish consciousness of guilt. Politely decline to answer questions and request an attorney.
Do not consent to searches of your home, office, or vehicle. Federal agents may have search warrants, but you should verify the warrant’s validity before allowing entry. Illegal searches can result in suppression of evidence.
Understand grand jury subpoenas. If you receive a grand jury subpoena, you must appear and testify unless you assert a valid privilege. We advise clients on their rights during grand jury testimony and prepare them for questioning.
Preserve evidence. If you receive notice of a federal investigation, preserve all potentially relevant documents, emails, and electronic data. Destruction of evidence constitutes a separate federal crime.
Contact Hart Powell, S.C. immediately. Early legal representation protects your constitutional rights and positions your case for the best possible outcome.
Frequently Asked Questions About Federal Crimes
What should I do if I'm under federal investigation?
Contact Hart Powell, S.C. immediately. Do not speak to federal agents without an attorney present. Do not consent to searches. Preserve all potentially relevant evidence. Early legal representation protects your rights and allows us to begin our investigation before the government finalizes its case. Learn more about pre-indictment investigation defense.
How long do federal criminal cases typically take?
Federal cases typically take 12 to 24 months from indictment to resolution, though complex cases may take longer. Cases involving multiple defendants or extensive discovery may extend beyond two years. Early guilty pleas can resolve cases more quickly, while cases proceeding to trial require additional time for discovery, motion practice, and trial preparation.
Can federal charges be dismissed?
Yes. Federal charges can be dismissed through several mechanisms: suppression of illegally obtained evidence, successful motions challenging the indictment, plea agreements, or acquittal at trial. We aggressively pursue dismissal through every available legal avenue. See our case results for examples of successful dismissals.
What is the difference between a federal misdemeanor and felony?
Federal misdemeanors carry sentences of up to one year in federal prison. Federal felonies carry sentences exceeding one year. Many federal crimes carry mandatory minimum sentences that exceed one year, making them felonies by definition. The distinction affects sentencing exposure and collateral consequences.
Should I cooperate with federal agents?
Never cooperate with federal agents without an attorney present. Cooperation without legal guidance often results in incriminating statements that prosecutors use against you. If the government offers cooperation opportunities, we evaluate these offers carefully and advise you on the risks and benefits.
What are my rights during a federal search?
You have Fourth Amendment rights protecting you against unreasonable searches. Federal agents must have a valid search warrant signed by a judge, except in limited emergency circumstances. You can request to see the warrant before allowing entry. You can refuse consent to searches. You can remain silent during searches. You can request an attorney. We challenge searches that violate your constitutional rights.
Contact Hart Powell, S.C. for Federal Criminal Defense in Milwaukee
Federal charges demand immediate, aggressive legal representation, and Hart Powell, S.C. brings three decades of federal criminal defense experience to clients throughout Milwaukee and Wisconsin. Over the years, we have tried federal cases, secured acquittals, and achieved appellate reversals. With a deep understanding of federal procedure, federal sentencing guidelines, and federal judges, we protect your constitutional rights from the moment you contact us. You may explore our client reviews to gain clarity on how we support and guide clients.
Contact Hart Powell, S.C. today to schedule a consultation. Call (414) 271-9595 or visit our office at 735 N Water Street, Suite 1212, Milwaukee, WI 53202.