Practice area
Federal charges defense
Different courthouse, different rules, different arithmetic. The Sentencing Guidelines do most of the work long before anyone stands up.
United States District Court for the District of Colorado
What a federal charges case actually involves
Federal practice in the District of Colorado runs on its own clock. The Speedy Trial Act sets thirty days from arrest to indictment and seventy days from indictment to trial, subject to excludable time. Detention is decided under the Bail Reform Act, and for some offenses there is a presumption against release that has to be rebutted at the hearing.
Sentencing is guideline arithmetic. Offense level, specific offense characteristics, role adjustments, acceptance of responsibility, criminal history category, and then the statutory mandatory minimums that can override the whole calculation. Two points in either direction is measured in years.
Most federal cases resolve. That does not make them passive. Suppression, discovery under Rule 16 and Brady, guideline objections in the presentence report, safety valve eligibility and variance arguments under 18 U.S.C. 3553(a) are where federal outcomes are actually built.
The counts that get filed
| Count | Level | Note |
|---|---|---|
| Drug conspiracy | 21 U.S.C. 841 and 846 | Quantity drives mandatory minimums; conspiracy exposure is not limited to what you personally handled. |
| Wire and mail fraud | 18 U.S.C. 1343 and 1341 | Loss amount and number of victims drive the guideline range. |
| Firearms offenses | 18 U.S.C. 922 and 924 | Section 924(c) carries a consecutive mandatory minimum. |
| Bank fraud and identity theft | 18 U.S.C. 1344 and 1028A | Aggravated identity theft adds a mandatory consecutive two years. |
| Tax offenses | 26 U.S.C. 7201 and 7206 | Frequently preceded by a civil examination that generates the evidence. |
| Federal public land offenses | Various | Colorado has a large federal land footprint, which creates federal jurisdiction over ordinary looking conduct. |
Where these cases break
Not every one applies to every file. The first job is working out which two or three do.
Detention
The Bail Reform Act hearing is the first real fight, and in presumption cases it decides how the next year of the case is conducted.
Guideline objections
Drug quantity attribution, loss calculation, role, obstruction and grouping. Each objection is worth a measurable number of months.
Suppression
Federal warrants, wiretaps under Title III, pole cameras and cell site location data all have live suppression law.
Safety valve
18 U.S.C. 3553(f) can lift a mandatory minimum entirely for qualifying defendants, and the criteria were broadened in 2018.
Variance
Section 3553(a) arguments built on history, treatment, employment and disparity, presented as a package rather than a plea for mercy.
Cooperation, carefully
Considered only with a full understanding of the exposure it creates, and never as a reflex.
What happens, and when
Days one to three
Initial appearance and detention hearing. This is where the case is often won or lost practically.
Day 30
Indictment deadline under the Speedy Trial Act, absent a waiver.
Months two to eight
Rule 16 discovery, motions practice, expert disclosure.
Before sentencing
Presentence report objections, sentencing memorandum, mitigation package.
The attorneys on these cases
Priya Raghunathan
Partner, federal practice
Formerly: Assistant United States Attorney, District of Colorado
Federal cases are decided in the presentence report far more often than in the courtroom.
Theo Okonkwo
Senior associate
Formerly: Colorado State Public Defender, Denver and Arapahoe trial offices
Most drug cases are search cases. Win the search and there is nothing left to argue about.
What people ask us about this
If your question is not here, ask it on the call. There is no charge for the first conversation and it is with an attorney.
Start a case reviewGenerally yes, in three ways: parole was abolished federally so a sentence is served at roughly 85 percent, mandatory minimums are more common, and the guidelines anchor the outcome early. That is why the first week matters so much.
Written notice from the United States Attorney that you are a target of a grand jury investigation. It is not a charge. It is an invitation to engage before charging decisions harden, and it should never be answered without counsel.
Yes. Drug, firearms and fraud cases move across regularly. Dual sovereignty means a federal prosecution after a state one is not double jeopardy, which is why we assess federal exposure at the very beginning.
No. Acceptance of responsibility, safety valve and a variance under 3553(a) are all routes that do not involve cooperating against anyone. Cooperation is one option among several and it carries real risks.
If any of this is happening to you, the first conversation is free and it is with an attorney.
Contacting us does not create an attorney-client relationship.