Federal agents contacted me. What should I do?
Be polite, take their card, and say nothing else until you have a lawyer. Agents usually contact people after months of quiet investigation, and they already know what they want you to confirm. Lying to a federal agent is itself a crime under 18 U.S.C. §1001, so even well-meant answers can hurt you. The earlier counsel steps in, the more options you have, and some of the best options only exist before an indictment.
What makes a case federal
Most crimes in Texas are charged in state court. A case goes federal when it crosses into federal territory: a federal agency such as the FBI, DEA, IRS, or Homeland Security runs the investigation, the conduct crosses state lines or uses interstate wires, the alleged victim is a federal program like Medicare, or the charge itself only exists in the U.S. Code. Drug cases often move federal when quantities grow or a conspiracy is alleged. If you are weighing the differences, start with our guide to state vs federal drug charges.
Federal charges we defend
Peter Barrett focuses his practice on criminal defense, state and federal, and has handled federal cases in the Northern District of Texas for three decades.
- Wire fraud and mail fraud under 18 U.S.C. §1343 and 18 U.S.C. §1341, the workhorse charges in most federal fraud cases
- Money laundering under 18 U.S.C. §1956
- Federal drug conspiracy under 21 U.S.C. §841 and 21 U.S.C. §846, where one phone call can put you in someone else's case. See also our drug crimes defense page.
- Healthcare fraud under 18 U.S.C. §1347, including billing and kickback investigations
- Federal child pornography under 18 U.S.C. §2256
- Computer and cyber crimes under 18 U.S.C. §1030
- Felon in possession of a firearm under 18 U.S.C. §922(g)
Fraud allegations against business owners and professionals often start as state white collar cases before federal prosecutors take interest. Our white collar crimes page covers that side of the practice.
How federal cases differ from state cases
People who have been through a Texas state case are often blindsided by the federal system. The differences are not cosmetic. They change the strategy at every step.
| Texas state court | Federal court | |
|---|---|---|
| Release before trial | Cash bail, usually set within hours | Detention hearing before a magistrate; some charges carry a presumption of detention |
| Sentencing | Jury or judge picks within a broad range | U.S. Sentencing Guidelines point system, plus mandatory minimums in many cases |
| Parole | Parole available on many sentences | No parole; roughly 85 percent of the sentence is served |
| Investigation | Often days or weeks before arrest | Often months or years before anyone is charged |
| Discovery | Usually a manageable file | Wiretaps, financial records, and agent reports, often by the terabyte |
| Prosecutors | County district attorneys | Assistant U.S. Attorneys with federal agents and deep resources |
The pre-indictment window is open now. It will not stay open.
If agents have called, served a subpoena, or sent a target letter, the case is already moving. Tell us where it stands and we will tell you what can still be done.
The target letter and the pre-indictment window
Federal prosecutors often tell people they are being investigated before charging them. That notice may arrive as a target letter, a grand jury subpoena, or agents at your door. It feels like the end. It is actually the one stage where the defense can work before the charges are locked in.
A quick word on the grand jury, because it confuses everyone. It is a panel of citizens that meets in secret and decides whether there is probable cause to indict. Only the prosecutor presents evidence. Your lawyer cannot be in the room, and a witness can become a defendant with one bad answer. Whether to testify, produce documents, or stay silent is a decision to make with counsel, not alone.
In the pre-indictment window, defense counsel can find out what the government believes, present evidence the agents never saw, correct wrong assumptions, and argue for no charges or lesser charges. Sometimes the result is a declination. Sometimes it is a resolution on far better terms than a post-indictment plea. Every case is different. Past results do not guarantee future outcomes. But the pattern is consistent: people who get counsel early have options that people who wait do not.
Where federal cases are won
1. Before the indictment
The cheapest case to win is the one never filed. Early advocacy with the U.S. Attorney's office can narrow charges, move a target to witness status, or end the matter quietly.
2. The evidence
Federal investigations lean on wiretaps, search warrants, tracking, and cooperating witnesses. Each tool has strict legal requirements, and suppression of a defective wiretap or search can take the heart out of a prosecution. Cooperator testimony bought with sentence reductions can be confronted at trial.
3. The conspiracy net
Conspiracy charges sweep in minor players and tag them with the whole operation's drug weight or fraud loss. Fighting over scope, role, and attributable amounts is often the difference between a few years and a decade.
4. The guidelines
Sentencing is its own battlefield. Loss amounts, drug quantities, role adjustments, safety valve eligibility, and acceptance of responsibility are all argued, not automatic. Guideline work routinely changes outcomes by years.
What federal charges carry
| Charge | Statute | Exposure |
|---|---|---|
| Wire or mail fraud | 18 U.S.C. §1343 / §1341 | Up to 20 years per count |
| Money laundering | 18 U.S.C. §1956 | Up to 20 years |
| Drug conspiracy | 21 U.S.C. §§841, 846 | Mandatory minimums of 5 or 10 years up to life, driven by drug type and quantity |
| Healthcare fraud | 18 U.S.C. §1347 | Up to 10 years, more if patients are harmed |
| Felon in possession | 18 U.S.C. §922(g) | Up to 15 years, with higher mandatory minimums for armed career criminal findings |
These are statutory ceilings, not predictions. The realistic range comes from the guidelines and the facts, which is exactly where the defense goes to work.
Why people hire Peter Barrett for federal cases
- Federal practice in the Northern District of Texas since 1994
- 31 years of criminal trial work, including more than 150 jury trials
- Pre-indictment representation: target letters, grand jury subpoenas, and agent interviews
- Personalized service: Peter handles your case personally, not a junior associate
- Bilingual practice. Hablamos Español.
- Free, confidential case review before you spend anything
Silence is legal. Lying is not.
You can decline to answer federal agents' questions, and that refusal cannot be used as evidence of guilt. But false statements to agents are a separate federal crime, even without an oath. Know your rights before anyone knocks: your right to remain silent, explained.
Federal defense questions, answered
I got a federal target letter. Do I need a lawyer right away?
Yes, before you respond to anyone. A target letter means a federal prosecutor believes you committed a crime and a grand jury is hearing evidence. The window between that letter and an indictment is the best chance to shape the case, and it closes fast. Do not talk to agents first.
Can a federal case be resolved before indictment?
Sometimes. Defense counsel can meet with the prosecutor, present evidence, correct wrong assumptions, and argue for declination, reduced charges, or a pre-indictment resolution. None of that is possible once the indictment is returned. Every case is different. Past results do not guarantee future outcomes.
Is there bail in federal court?
Not the cash bail system Texas uses. Federal courts hold a detention hearing, and a magistrate judge either releases you on conditions or detains you until trial. In some drug and weapons cases the law presumes detention, so this hearing must be prepared like a trial.
How is federal sentencing different from Texas state sentencing?
Federal judges start from the U.S. Sentencing Guidelines, a point system driven by the offense, the amounts involved, your role, and your history. There is no parole, and most defendants serve about 85 percent of the sentence. Many drug and weapons statutes also carry mandatory minimums.
How long does a federal case take?
Longer than most state cases. Federal investigations can run months or years before charges, and after indictment the discovery is often massive: wiretaps, financial records, and agent reports. Reviewing it properly takes time, which is one more reason to get counsel involved early.