Federal Criminal Defense
Indiana Federal Criminal Defense Lawyer, Former FBI Special Agent
Defending Federal Charges in Federal Court in Evansville, Indiana.
A case is federal when the charge comes from a federal statute. Federal crimes charged in Evansville are prosecuted by the United States Attorney’s Office for the Southern District of Indiana, which “prosecutes violations of federal criminal law”.
What happens before a federal charge, and in the first days after one, shapes much of what follows. An agent’s questions, a target letter and a grand jury subpoena can all arrive before any charge is filed, and each calls for a decision you should not make alone. Once a case is charged, release or detention can be decided as early as your first appearance in court.
How a Case Becomes Federal
Some federal statutes say in their own words what ties the conduct to federal power. 18 U.S.C. 922(g) reaches firearm possession “in or affecting commerce”, and 18 U.S.C. 1343 reaches a transmission “by means of wire, radio, or television communication in interstate or foreign commerce”. 18 U.S.C. 1344 reaches a scheme “to defraud a financial institution”, a term 18 U.S.C. 20 defines to include a federally insured bank or credit union.
The same conduct can violate an Indiana statute and a federal statute at once. A serious violent felon with a gun, for example, can fall under Indiana’s serious violent felon statute, IC 35-47-4-5, and under 18 U.S.C. 922(g)(1). Our post on federal and state crimes in Indiana walks through the differences.
Before Any Charge: Agents, Target Letters and Subpoenas
A federal investigation can reach you before any charge is filed: an agent calls or comes to the door, a letter arrives from a federal prosecutor, or a grand jury subpoena is served. Be courteous, say nothing about the facts, and call a lawyer before you answer anything.
Talking to an agent carries a risk of its own. In Brogan v. United States, 522 U.S. 398 (1998), the Supreme Court upheld a conviction under 18 U.S.C. 1001 for a false “no” given to federal agents during an investigation, holding that the statute contained no exception for an “exculpatory no,” a false statement that merely denies wrongdoing. Today the statute reaches a statement made “knowingly and willfully” that is “materially false, fictitious, or fraudulent”, in “any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States”. The maximum is five years in prison, or eight in the cases the statute names.
Under Federal Rule of Criminal Procedure 7, a federal offense punishable by more than one year in prison, other than criminal contempt, “must be prosecuted by an indictment” unless the defendant waives it “in open court and after being advised of the nature of the charge and of the defendant’s rights”. Indiana is different: “Any crime may be charged by indictment or information” (IC 35-34-1-1).
The Justice Manual, which sets out internal Department of Justice policy and “may not be relied upon to create any rights”, defines a “target” as “a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant.” A “subject” is “a person whose conduct is within the scope of the grand jury’s investigation.” Under that policy a prosecutor, “in appropriate cases, is encouraged to notify” a target “a reasonable time before seeking an indictment”, giving the target “an opportunity to testify before the grand jury”. Because notice is only encouraged, a person can be indicted without ever receiving a target letter. Our post on federal target letters explains what one means.
A grand jury subpoena belongs with a lawyer the day it arrives. It is Justice Department policy that an “Advice of Rights” form be appended to all grand jury subpoenas served on a “target” or “subject” of an investigation. Whatever a subpoena asks for, leave every record as it is: 18 U.S.C. 1519 carries up to 20 years for anyone who “knowingly alters, destroys, mutilates, conceals” or falsifies a record “with the intent to impede, obstruct, or influence the investigation” of a matter within a federal department’s or agency’s jurisdiction.
Federal Drug Charges
21 U.S.C. 841(a) makes it unlawful “knowingly or intentionally” “to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance”, and under 21 U.S.C. 846 an attempt or conspiracy carries “the same penalties as those prescribed for the offense” that was its object.
The mandatory minimums turn on quantity, whether death or serious bodily injury results, and prior convictions. Under 841(b)(1)(A), a violation “involving” a listed quantity, such as “50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine”, carries a term that “may not be less than 10 years or more than life”. Under 841(b)(1)(B), smaller listed quantities, such as “5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine”, carry a term that “may not be less than 5 years and not more than 40 years”. Both subparagraphs set higher minimums where “death or serious bodily injury results from the use of such substance”, or after a prior conviction for “a serious drug felony or serious violent felony” has become final. Cases involving “a controlled substance in schedule I or II” outside subparagraphs (A), (B) and (D) fall under 841(b)(1)(C): “not more than 20 years”, or “not more than 30 years” after “a prior conviction for a felony drug offense has become final”, with no minimum unless death or serious bodily injury results.
Drug cases brought in Indiana courts are covered on our pages on Indiana drug dealing charges and Indiana drug possession charges.
Federal Firearm Charges
18 U.S.C. 922(g) names nine categories of people who may not “possess in or affecting commerce, any firearm or ammunition”, including a person “convicted in any court of, a crime punishable by imprisonment for a term exceeding one year”. Under 18 U.S.C. 924(a)(8), whoever “knowingly violates” 922(g) faces up to 15 years in prison. A prior record can change that: under 18 U.S.C. 924(e)(1), a person who violates 922(g) and has “three previous convictions” for “a violent felony or a serious drug offense, or both, committed on occasions different from one another” must be “imprisoned not less than fifteen years”.
18 U.S.C. 924(c) adds its own sentence when a firearm is tied to a “crime of violence or drug trafficking crime” that can be prosecuted in federal court. A person who “uses or carries a firearm” “during and in relation to” such a crime, or who “in furtherance of any such crime, possesses a firearm”, must receive at least 5 years “in addition to the punishment provided for” that crime, at least 7 “if the firearm is brandished”, and at least 10 “if the firearm is discharged”. The minimums are higher for certain types of firearm and after “a prior conviction under this subsection has become final”, and no 924(c) term “shall run concurrently with any other term of imprisonment imposed on the person”.
State weapon charges are covered on our page on Indiana weapon and firearm charges, and our post on whether a felon can own a gun in Indiana sets the Indiana and federal bans side by side.
Federal Fraud and White-Collar Charges
18 U.S.C. 1341, “Frauds and swindles”, and 18 U.S.C. 1343, “Fraud by wire, radio, or television”, reach “any scheme or artifice to defraud” carried out through the mail or an interstate carrier, or by a wire, radio or television transmission in interstate or foreign commerce. 18 U.S.C. 1344, “Bank fraud”, reaches a scheme “to defraud a financial institution”, and 18 U.S.C. 1347, “Health care fraud”, one “to defraud any health care benefit program”.
Sections 1341 and 1343 carry up to 20 years, or 30 if the violation “affects a financial institution” or “occurs in relation to”, or involves a benefit connected with, “a presidentially declared major disaster or emergency”; section 1344 up to 30; and section 1347 up to 10, or 20 if the violation “results in serious bodily injury”, and up to life if it “results in death”. None of the four carries a mandatory minimum.
Fraud and theft charges brought in Indiana courts are covered on our page on white-collar crime defense in Indiana.
Federal Child-Exploitation Charges
Chapter 110 of Title 18 includes 18 U.S.C. 2252, “Certain activities relating to material involving the sexual exploitation of minors”, and 18 U.S.C. 2252A, “Certain activities relating to material constituting or containing child pornography”. A violation of 2252(a)(1), (2) or (3), or of 2252A(a)(1), (2), (3), (4) or (6), carries “not less than 5 years and not more than 20 years”, or “not less than 15 years nor more than 40 years” for a person with a prior conviction of a kind the statute lists, and the other paragraphs carry different ranges. State charges are covered on our page on Indiana sex crime defense.
Federal Court in Evansville
Under 28 U.S.C. 94(b), court for the Evansville Division of the Southern District of Indiana “shall be held at Evansville”, and that is where this office defends federal cases. Our guide to federal court in Evansville covers the detention hearing, pretrial services and sentencing there.
Federal Sentencing
The Sentencing Guidelines are a separate matter from the statutory minimums above. Under 18 U.S.C. 3553(a), a federal judge must consider the sentencing range set by the Sentencing Commission’s guidelines along with the other factors the statute lists, and must impose a sentence “sufficient, but not greater than necessary” to serve the purposes the statute sets out. In United States v. Booker, 543 U.S. 220 (2005), the Supreme Court removed the provision that made the federal Sentencing Guidelines mandatory, leaving them advisory: a federal judge must consult the Guidelines and take them into account, but is not bound to apply them.
Under 18 U.S.C. 3624(b), a prisoner serving more than one year, other than a life term, may receive credit “of up to 54 days for each year of the prisoner’s sentence imposed by the court”, subject to the Bureau of Prisons determining that during that year the prisoner “has displayed exemplary compliance with institutional disciplinary regulations”. Under 3624(a), a prisoner is released at the end of the term less that credit. Section 3624 also refers to “time credits under section 3632”, not described here. The federal parole statutes were repealed for offenses committed after the repeal took effect on November 1, 1987, so federal parole does not apply to those offenses.
Working With Jerry L. Garner
Jerry L. Garner is a retired FBI Special Agent. His 36-plus years in the law include 23 years of service as an FBI Special Agent, from 1990 to 2013.
On a federal case that background is practical. Knowing how agents build a file, and what a prosecutor needs from it, is knowing where to look for what the file leaves out.
The first consultation is free. If an agent has contacted you, a target letter or a subpoena has arrived, or you have been charged in federal court in Evansville, call (812) 301-6221 or contact us online before you say anything more about it to anyone.
Frequently Asked Questions About Federal Charges
What should I do if an FBI agent contacts me?
Be polite, take the agent's name and a way to reach him or her, and do not answer questions about the investigation until you have spoken with a lawyer. That applies to a phone call as much as to a visit at your door, and it applies even if you believe you have nothing to hide.
One reason is 18 U.S.C. 1001. In "any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States", it is a federal crime to make a statement "knowingly and willfully" that is "materially false, fictitious, or fraudulent", with a maximum of five years in prison, or eight in the cases the statute names. Call (812) 301-6221 or contact us online before the conversation goes any further.
What is a target letter?
A target letter tells the person who receives it that he or she is a target of a federal grand jury investigation. The archived sample target letter in the Justice Department's Criminal Resource Manual says it in one line: "You are advised that you are a target of the Grand Jury's investigation." Our post on what a federal target letter is goes through what one says and what to do.
The Justice Manual, which sets out internal Department policy, defines a "target" as "a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant." Under that policy a prosecutor, "in appropriate cases, is encouraged to notify" a target "a reasonable time before seeking an indictment", giving the target "an opportunity to testify before the grand jury". Because that notice is encouraged rather than required, a person can be indicted without ever receiving one.
What is the difference between federal and state charges?
A federal charge comes from a federal statute, and some federal statutes name their own link to federal power, such as the mail, a wire transmission "in interstate or foreign commerce", or a "health care benefit program". An Indiana charge comes from the Indiana Code and is brought "in the name of the state of Indiana" under IC 35-34-1-1. Our post on federal vs. state crimes in Indiana compares the two in more detail.
The procedure differs as well. In federal court, an offense other than criminal contempt that is punishable by more than one year in prison "must be prosecuted by an indictment" unless the defendant waives it "in open court and after being advised of the nature of the charge and of the defendant's rights" (Federal Rule of Criminal Procedure 7). In Indiana, "Any crime may be charged by indictment or information." Credit toward a prison sentence is calculated differently too. Under 18 U.S.C. 3624(b), a federal prisoner "serving a term of imprisonment of more than 1 year", "other than a term of imprisonment for the duration of the prisoner's life", may receive credit "of up to 54 days for each year of the prisoner's sentence imposed by the court", subject to the Bureau of Prisons determining that during that year the prisoner "has displayed exemplary compliance with institutional disciplinary regulations". Indiana's credit classes for offenses committed after June 30, 2014, under IC 35-50-6-3.1, run from one day of good time credit for each day imprisoned in Class A to no good time credit in Class D.
Can I be charged in both federal and state court for the same thing?
The same conduct can violate an Indiana statute and a federal statute at once. The Supreme Court reaffirmed in Gamble v. United States, 587 U.S. 678 (2019), that a crime under state law and a crime under federal law are not the "same offence" for double jeopardy purposes, so the Fifth Amendment does not stop a state and the federal government from each prosecuting the same conduct. Indiana's own statute adds a limit: under IC 35-41-4-5, when the alleged conduct "constitutes an offense within the concurrent jurisdiction of Indiana and another jurisdiction", a former prosecution in the other jurisdiction is "a bar to a subsequent prosecution for the same conduct in Indiana" if it "resulted in an acquittal or a conviction of the defendant or in an improper termination" under IC 35-41-4-3, subject to the exceptions in IC 35-41-4-6.
Will I be held in jail before trial in a federal case?
Not automatically. Under 18 U.S.C. 3142(e), a judge orders detention before trial after a hearing, on finding that "no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community". The government can ask for that hearing in the kinds of case 3142(f) lists, among them "a crime of violence" and felonies involving "the possession or use of a firearm or destructive device", and the government or the judge can raise it where there is "a serious risk that such person will flee". For some offenses the statute lists, once the judge finds probable cause, the statute presumes that no condition will reasonably assure your appearance and the safety of the community, "Subject to rebuttal by the person". Our page on the federal court in Evansville explains how the detention hearing runs and how quickly it happens.
Do federal charges carry mandatory minimum sentences?
Some do, and each one applies only when a condition written into the statute is met. Under 21 U.S.C. 841(b)(1)(A), a drug violation "involving" a listed quantity, such as "1 kilogram or more of a mixture or substance containing a detectable amount of heroin", carries a term that "may not be less than 10 years". Under 18 U.S.C. 924(c), using or carrying a firearm "during and in relation to any crime of violence or drug trafficking crime" that can be prosecuted in federal court, or possessing one "in furtherance of" such a crime, carries "not less than 5 years" on top of the sentence for that crime. Under 18 U.S.C. 924(e)(1), a person who violates 18 U.S.C. 922(g) and has "three previous convictions" for "a violent felony or a serious drug offense, or both, committed on occasions different from one another" must be "imprisoned not less than fifteen years".
Other statutes set only a maximum. None of the federal fraud sections 18 U.S.C. 1341, 1343, 1344 and 1347 carries a mandatory minimum, and 18 U.S.C. 924(a)(8) sets up to 15 years for a 922(g) violation with no minimum of its own. The Sentencing Guidelines are a separate matter from these statutory minimums: under 18 U.S.C. 3553(a), a federal judge must consider the sentencing range the Guidelines set, along with the other factors the statute lists.
Why We Are Right For You
Experience
With over 36 years of combined experience as a lawyer and former FBI Special Agent, attorney Jerry Garner brings a unique perspective, having served on both sides of the law where others have not.
Communication
We are dedicated to keeping you informed every step of the way. From the initial consultation to the resolution of your case, we prioritize clear and open communication. Our goal is to ensure you fully understand your rights, options, and the progress of your case, providing you with the confidence and support you need throughout the legal process.
Results
With a proven track record of achieving favorable outcomes, we are dedicated to resolving cases in our clients' best interests. Our commitment to excellence ensures that each case is handled with strategic precision and unwavering advocacy.
“I am not a “high volume” (large caseload) type of criminal defense attorney. I select criminal cases that are particularly interesting to me. And I especially prefer those cases where the accused appears to have suffered an injustice. I am very passionate about protecting the legal rights of my clients…and forcing the all-powerful government to prove its “case” - fairly, and beyond a reasonable doubt. This requires hard work, a lot of time, and effective communication with my clients. I carefully research and investigate the legal and factual issues existing in my cases. My 23 years of FBI Special Agent training and experience greatly assist me in my case-related analysis. I am prepared and committed to represent the accused in serious, complicated criminal cases.”