How federal cases differ from state cases
- Different investigators and prosecutors: federal agents build the case, and the U.S. Attorney’s Office prosecutes it.
- Long investigations: many federal cases are built over months before anyone is charged, often with wiretaps, cooperating witnesses, and financial records.
- Grand jury indictments: felony charges are usually brought by a grand jury indictment.
- Different sentencing: judges use the federal sentencing guidelines, some charges carry mandatory minimum sentences, and there is no parole in the federal system.
- Both systems can charge: the same conduct can sometimes be charged in both state and federal court.
The path of a federal case
- Initial appearance: after an arrest or summons, you appear before a magistrate judge, hear the charges, and are told your rights.
- Detention hearing: if the government asks to hold you before trial, the judge decides whether release conditions can protect the community and make sure you return to court.
- Arraignment and discovery: you enter a plea, and the government provides its evidence, often under a protective order.
- Motions: your lawyer may challenge searches, statements, wiretaps, or the indictment itself.
- Plea or trial: the case is resolved by a plea agreement or by a jury trial, where the government must prove guilt beyond a reasonable doubt.
- Presentence report: after a conviction, a U.S. probation officer writes a report on your background and the guideline calculation. We review it and object to errors.
- Sentencing: the judge decides the sentence, using the guidelines as a starting point along with other factors set by federal law.
Federal charges we defend
- Drug conspiracy and distribution
- Firearm charges, including possession by a prohibited person and guns connected to drug crimes
- Wire fraud, mail fraud, bank fraud, and money laundering
- Identity theft and other financial crimes
Attorney Micah E. Huggins practices in the Middle District of North Carolina and the U.S. Court of Appeals for the Fourth Circuit.
If agents contact you
If federal agents call, visit, or serve a search warrant or grand jury subpoena, be polite and do not answer questions about the investigation. Ask for their names and contact information, and say your lawyer will be in touch. Lying to a federal agent is a separate crime, even about a small detail, so the safer course is to say nothing until you have advice. Do not destroy records or contact others involved.
How we work
We investigate rather than process. We don’t accept the police report as fact. We read every page of discovery, test how the evidence was gathered, and check every number in the guideline calculation. We tell clients the hard truth about the evidence and the sentencing exposure, and we prepare every case as though it is going to trial. Call us at (336) 281-2008 or request a consultation. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
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Questions people ask us
What court handles federal cases in Greensboro?
Federal criminal cases from Greensboro, High Point, and the surrounding counties are handled by the U.S. District Court for the Middle District of North Carolina. Appeals go to the U.S. Court of Appeals for the Fourth Circuit.
Will I be held in jail until trial on a federal charge?
Not always. At a detention hearing, a judge decides whether conditions of release can make sure you appear and protect the community. For some drug and firearm charges, the law presumes detention, but that presumption can be challenged.
Are the federal sentencing guidelines mandatory?
No. The guidelines are advisory, and judges must consider them along with other factors in federal law. Some charges carry mandatory minimum sentences that the judge generally cannot go below, with narrow exceptions.
What is a presentence report?
It is a report a U.S. probation officer writes after a conviction. It covers your history, the offense, and the guideline calculation. Errors in it can raise a sentence, so your lawyer reviews it closely and files objections.
Is there parole in the federal system?
No. Federal sentences do not include parole. A prison sentence is usually followed by a period of supervised release with conditions set by the judge.