Tampa federal criminal defense lawyer

Federal court for St. Petersburg and Pinellas County

Federal crimes charged in Pinellas County go to the United States District Court for the Middle District of Florida, Tampa Division. The Tampa Division covers Pinellas along with six nearby counties, Hillsborough and Pasco among them. Cases are heard at the Sam M. Gibbons U.S. Courthouse at 801 North Florida Avenue in downtown Tampa, and they are prosecuted by the United States Attorney's Office for the Middle District of Florida.

The same conduct can sometimes be charged in either state or federal court. Drug and gun cases that start with a local arrest in St. Petersburg or Clearwater are sometimes picked up by federal prosecutors, often in cases where the federal penalties are higher.

Federal investigations and target letters

Many federal cases begin with a visit from an FBI, DEA or ATF agent, a subpoena for records, or a target letter. A target letter means a federal prosecutor considers you a likely defendant and believes there is substantial evidence linking you to a crime. It usually invites you or your lawyer to contact the prosecutor before an indictment is sought.

Do not talk to federal agents without a lawyer, even to clear things up. Lying to a federal agent is a separate felony under 18 U.S.C. § 1001, and many people end up charged with that when the original suspicion couldn't be proved. Before an indictment is the time when a lawyer can sometimes do the most: present information to the prosecutor, negotiate the terms of any cooperation, or position the case for a lesser charge.

Federal grand jury indictments

The Fifth Amendment requires that a federal felony be charged by a grand jury indictment unless you agree to waive it. A federal grand jury has 16 to 23 members, and at least 12 must vote to indict. Only the prosecutor presents evidence. The proceedings are secret, and your lawyer can't be in the room. Most cases presented to a grand jury result in an indictment.

Once you're indicted, the Speedy Trial Act generally requires trial to begin within 70 days of the indictment or your first appearance, but the law excludes many kinds of delay, and continuances are common in complex cases. Discovery in federal court tends to be large, often including recorded calls and phone extractions, and it takes time to review properly.

Federal detention hearings

After a federal arrest, you appear before a United States magistrate judge in Tampa. If the government asks to keep you in custody, the court holds a detention hearing under 18 U.S.C. § 3142, usually at the first appearance or within a few days. The judge decides whether any conditions, such as a bond, home detention or electronic monitoring, can reasonably assure that you'll appear and that the community will be safe.

In many federal drug cases and in some firearm cases, the law presumes that no conditions will work, and the defense has to come forward with evidence to rebut that presumption. Stable housing and a job help, and so do family in the area and a limited record. We gather that information before the hearing, because a detention decision is hard to reverse later.

Federal Sentencing Guidelines and mandatory minimums

Federal sentences start with the United States Sentencing Guidelines. The guidelines assign an offense level based on the charge and the facts, such as drug quantity or financial loss, and a criminal history category based on your record. The two together produce a range in months. Since the Supreme Court's 2005 decision in United States v. Booker, the guidelines are advisory, and the judge must also weigh the factors in 18 U.S.C. § 3553(a), including your history and personal circumstances.

Some charges carry mandatory minimums. Many federal drug cases bring a 5-year or 10-year minimum depending on drug type and quantity, and using or carrying a firearm during a drug trafficking crime adds at least 5 years that must be served consecutively. The safety valve can let some lower-level drug defendants with limited records be sentenced below the minimum, and cooperation can also open the door to a lower sentence.

There is no parole in the federal system. Parole was abolished for offenses committed after November 1, 1987. Good-conduct credit can reduce a prison term by up to 54 days per year, so most people serve the large majority of their sentence, followed by a term of supervised release.

Federal drug, gun and fraud charges

The federal cases that most often reach people in Pinellas County are drug conspiracy and distribution charges under 21 U.S.C. § 841 and § 846, and firearm charges such as possession of a firearm by a convicted felon. Since 2022, that firearm charge carries up to 15 years. Fraud cases, such as wire fraud or bank fraud, also come out of the Tampa Division. In a conspiracy case, the government often relies on cooperating witnesses, and testing their credibility is a large part of the defense.

Working with a local lawyer on a federal case

Greenberg Law is a two-lawyer practice in St. Petersburg, and most of our work is in the state courts of Pinellas County. Doug Greenberg is admitted in federal court. He also spent the start of his career as a state prosecutor, which gives him a working knowledge of how charging and plea decisions get made. At the free consultation, we'll tell you plainly whether your case is a good fit for our office.