U.S. District Court Advocacy

Federal Criminal Defense

Combating complex federal indictments, investigations, and high-stakes agency prosecutions in the Southern District of Mississippi.

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Navigating the Federal System

The federal criminal justice system operates under an entirely different set of rules, procedures, and sentencing guidelines than Mississippi state courts. Federal agencies like the FBI, DEA, ATF, and IRS-CI spend months, sometimes years, building impenetrable cases before they ever file an indictment. We are admitted to practice in the U.S. District Courts and the Fifth Circuit, providing meticulous defense strategies for complex white-collar, drug, and conspiracy allegations.

Related Defense Practices

Federal Criminal Defense Attorney

Our Federal Defense Team

Thomas M. Fortner

Thomas (Tom) Fortner

PARTNER & LEAD COUNSEL
Arman Miri

Arman Miri

PARTNER & CO-AUTHOR
Valorie G. Cochran

Valorie G. Cochran

ASSOCIATE ATTORNEY

Frequently Asked Questions About Mississippi Federal Law & Sentencing

Understanding the complexities of the United States District Courts.

How is a federal criminal charge different from a state charge?

Federal charges involve violations of United States laws, crimes committed across state lines, or crimes on federal property. They are prosecuted by the U.S. Attorney's Office, investigated by agencies like the FBI or DEA, and generally carry much harsher mandatory minimum sentences than state crimes.

What are the Federal Sentencing Guidelines?

The Federal Sentencing Guidelines are a highly complex, uniform point scale used by federal judges to determine prison terms. They calculate a mathematical score based on the specific "offense level" and the defendant's prior "criminal history category."

Can I get parole in the federal prison system?

No. The federal government abolished the parole system for crimes committed after 1987. If you are sentenced to federal prison, you must serve the vast majority of your time (usually at least 85%), with only minor reductions available for good behavior.

What is a federal grand jury indictment?

An indictment is a formal accusation. A federal prosecutor presents evidence to a grand jury (in secret), and if the grand jury believes there is probable cause that a federal crime was committed, they issue a "True Bill" (the indictment), leading to an arrest warrant.

What should I do if federal agents come to my house with a search warrant?

You must allow them to execute the search, but do not answer any questions. State clearly, "I will not answer any questions without my attorney present." Do not consent to them searching areas outside the scope of the warrant, and call a federal defense lawyer immediately.

What does it mean to be a "target" of a federal investigation?

If you receive a "target letter" from the U.S. Attorney, it means prosecutors have gathered substantial evidence linking you to a crime, and they fully intend to seek an indictment against you. You need immediate legal representation before speaking to anyone.

How long does a federal criminal investigation take?

Unlike local police who make arrests immediately at a scene, federal agencies often investigate quietly for months or even years. They utilize wiretaps, financial audits, confidential informants, and grand jury subpoenas before ever making an arrest.

What is a federal proffer session?

A proffer session (or "Queen for a Day" agreement) is a highly risky meeting where you answer questions from federal prosecutors and agents in exchange for a limited promise that those statements won't be used directly against you. It should never be done without an attorney.

Can I be charged in both state and federal court for the exact same crime?

Yes. Under the "Dual Sovereignty" doctrine of the Constitution, the state government and the federal government are considered separate sovereigns. You can be prosecuted and punished by both for the exact same conduct without violating Double Jeopardy protections.

What are federal mandatory minimum sentences?

Mandatory minimums are strict statutory requirements that force a federal judge to impose a specific minimum prison sentence (e.g., 5, 10, or 20 years) if you are convicted of certain crimes, primarily high-level drug trafficking, firearms offenses, or child pornography.

How does bail work in the federal court system?

The federal system does not use traditional cash bail bondsmen. After an arrest, a judge holds a Detention Hearing. If you are deemed a flight risk or a danger to the community, you will be held without bond; if released, you will be monitored by Pretrial Services.

What is a federal conspiracy charge?

A conspiracy charge (often under 18 U.S.C. § 371 or 21 U.S.C. § 846) means you agreed with at least one other person to commit a federal crime. You can be convicted of conspiracy even if you never actually completed the underlying crime, so long as one person took an "overt act" toward it.

Can federal wiretaps and digital surveillance be thrown out of court?

Yes, if the government violated Title III wiretap laws or your Fourth Amendment rights. A skilled defense attorney will file a Motion to Suppress, demanding the government prove they exhausted standard investigative methods before resorting to invasive wiretaps.

Why do federal prosecutors have such high conviction rates?

The federal government possesses nearly unlimited resources, elite investigative agencies (FBI, IRS), and the leverage of harsh mandatory minimum sentences to force plea deals. They generally do not indict cases they do not believe they can easily win.

Do I need a lawyer who specifically handles federal cases?

Absolutely. Most state-level criminal defense lawyers are not admitted to federal court and do not understand the complexities of the Federal Rules of Evidence or the Sentencing Guidelines. Federal defense is a highly specialized practice area.

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