Federal criminal practice moves on a different track.

Federal criminal practice differs from NJ state practice in several practical ways: (1) Court venue. Most NJ federal matters are in the District of New Jersey (D.N.J.), with courthouses in Newark, Trenton, and Camden. Federal cases involving conduct in New York may be charged in S.D.N.Y. or E.D.N.Y.; multi-district cases can produce venue disputes. (2) Procedural rules. Federal Rules of Criminal Procedure govern, not the NJ Court Rules. Discovery is governed by Fed. R. Crim. P. 16 and the Brady-Giglio-Jencks framework. (3) Investigation. Federal investigations are often longer and more resource-intensive than state investigations. Federal investigative agencies (FBI, DEA, HSI/ICE, IRS-CID, USSS, ATF, USPIS) may work with U.S. Attorney's Office prosecutors before arrest or indictment. Grand jury subpoenas, proffer sessions, cooperator development, electronic surveillance, financial-record subpoenas, and immigration-detention coordination may all matter. (4) Charging. Federal charges are brought by indictment from a federal grand jury under Fed. R. Crim. P. 6, or by information with the defendant's consent. (5) Pretrial detention under the Bail Reform Act, 18 U.S.C. § 3142. Statutory presumptions favor detention for some offense categories, making release strategy evidence-dependent. (6) Speedy-trial protections under the federal Speedy Trial Act, 18 U.S.C. § 3161. (7) Sentencing: the U.S. Sentencing Guidelines framework under 18 U.S.C. § 3553(a), with offense-specific calculations, criminal-history scoring, advisory application after Booker, and mandatory minimums in some cases. (8) Plea practice: federal plea agreements often address guideline calculations, sentencing recommendations, cooperation provisions, restitution, forfeiture, appeal waivers, and other specifics. (9) Cooperation: substantial-assistance motions under U.S.S.G. § 5K1.1 and related statutes can matter, but the decision to cooperate is case-specific and should not be made without full risk analysis.

Federal grand jury subpoenas and target letters signal active federal investigation requiring counsel engagement before a response is made. A subpoena for testimony raises Fifth Amendment, immunity, and privilege questions; a subpoena for documents raises scope, privilege, entity, and act-of-production issues. A target letter means the prosecutor views the recipient as having serious exposure, but it does not answer whether charges can be avoided, narrowed, or defended. During the pre-indictment window, counsel can engage with the AUSA, assess the strength of the case, identify defenses, propose alternative dispositions, negotiate proffer terms, assemble documents, interview witnesses, retain experts, and develop mitigation. If federal agents request an interview, it is usually safer to politely decline substantive questions, take the agent's card, and call counsel before speaking.

Federal sentencing under 18 U.S.C. § 3553(a) and the U.S. Sentencing Guidelines: (1) Guidelines calculation. The Probation Office prepares a Presentence Investigation Report (PSR) calculating the offense-level (base offense level + specific offense characteristics + adjustments for role, victim, obstruction, acceptance of responsibility), criminal-history category (based on prior convictions and timing), and resulting advisory Guidelines range. (2) Mandatory minimums. Many federal offenses carry statutory mandatory minimums: drug trafficking under 21 U.S.C. § 841 (5 or 10 years depending on quantity); firearms offenses under 18 U.S.C. § 924(c) (5 or 7 years consecutive, with 25-year additions for second offenses); identity theft under 18 U.S.C. § 1028A (2-year consecutive). Mandatory minimums override the Guidelines analysis; the court cannot sentence below them absent specific statutory exception. (3) 18 U.S.C. § 3553(a) factors. Post-Booker (United States v. Booker, 543 U.S. 220 (2005)), the Guidelines are advisory; the court must consider the § 3553(a) factors: nature and circumstances of offense; history and characteristics of defendant; need to reflect seriousness of offense, promote respect for law, provide just punishment; need for deterrence; need to protect public; need to provide rehabilitation; kinds of sentences available; the Guidelines and policy statements; need to avoid unwarranted sentence disparities; need to provide restitution. (4) Departures and variances. Downward departures based on Guidelines provisions (substantial assistance under § 5K1.1, criminal-history overstated, family circumstances, others); upward departures less common. Variances based on the § 3553(a) factors broadly. (5) Cooperation and substantial assistance. The primary mechanism for sentence reduction below Guidelines and below mandatory minimums. Under U.S.S.G. § 5K1.1 (Guidelines departure for substantial assistance to the government) and 18 U.S.C. § 3553(e) (departure below mandatory minimum on substantial assistance), the prosecutor can move for sentence reduction. The judge has discretion on the amount of reduction but not on whether to grant any reduction. (6) Safety valve. 18 U.S.C. § 3553(f) permits sentencing below mandatory minimum for certain drug offenses where the defendant meets specific criteria: no significant prior criminal history, no violence or weapons, not an organizer, complete information provided to government. Expanded by the First Step Act of 2018. (7) First Step Act. The 2018 federal sentencing reform provides retroactive crack-cocaine reductions, expanded safety-valve eligibility, expanded earned-time credits for federal Bureau of Prisons inmates, and other reforms. (8) Restitution and forfeiture. Mandatory restitution under the Mandatory Victims Restitution Act, 18 U.S.C. § 3663A; forfeiture under various federal statutes; financial penalties separate from incarceration.

Federal Bureau of Prisons (BoP) designation: (1) Security levels. The BoP operates institutions at five security levels: Administrative (specialized -- Metropolitan Detention Centers, medical centers, supermax); High Security (USP); Medium Security (FCI); Low Security (FCI Low); Minimum Security (Federal Prison Camps, no perimeter fencing). Most non-violent federal defendants are designated to Low or Minimum facilities. (2) Designation factors. BoP determines designation based on: severity of current offense; criminal history; sentence length; history of violence; escape history; gang involvement; immigration status; medical needs; mental health needs; family circumstances; age. (3) Judge's recommendation. The sentencing judge can recommend a specific institution or designation level. The recommendation is not binding on BoP but receives substantial weight in the designation analysis. Counsel typically requests specific facility recommendations during sentencing -- a facility close to family for visitation; a facility with appropriate medical or programming; a facility known for educational or vocational programs. (4) Initial designation. After sentencing, the BoP Designation and Sentence Computation Center (DSCC) makes the initial designation. Self-surrender is common for low-risk defendants with active counsel; the defendant reports to the designated facility on a specified date rather than being transported from jail. (5) Re-designation and transfers. Defendants can be transferred between facilities during sentence based on conduct, programming needs, or security-level changes. (6) Halfway house and home confinement. The Second Chance Act expanded BoP discretion to place defendants in halfway houses (residential reentry centers) for up to 12 months at the end of sentence, and in home confinement for the lesser of 6 months or 10% of sentence. (7) Earned-time credits under the First Step Act. Eligible defendants earn time credits for participation in evidence-based recidivism reduction programs -- 10 days of credit per 30 days of successful participation, with an additional 5 days per 30 days for eligible minimum- and low-risk defendants. The credits can be applied to advance halfway-house placement or release date. (8) Compassionate release. Under 18 U.S.C. § 3582(c)(1)(A), defendants can seek compassionate release for extraordinary and compelling reasons -- terminal illness, debilitating medical condition, age plus medical issues, family circumstances. The First Step Act of 2018 expanded the framework. Substantial growth in compassionate-release motions post-COVID.

Non-citizen federal criminal practice involves substantial immigration interaction: (1) Padilla advisement obligation. Under Padilla v. Kentucky1, defense counsel has a Sixth Amendment obligation to advise non-citizen clients about the immigration consequences of plea agreements. Failure to advise can support ineffective-assistance claims and plea withdrawal. (2) Immigration consequences taxonomy. Federal convictions trigger varying immigration consequences: (a) Aggravated felonies under 8 U.S.C. § 1101(a)(43)2 -- can produce removal, bars on relief, bars on naturalization, and future-entry bars. Includes many drug offenses with 1+ year sentences, theft offenses with 1+ year sentences, certain fraud and money-laundering offenses, illegal-trafficking offenses, certain firearms offenses, and others. (b) Crimes involving moral turpitude (CIMT) -- broad doctrine producing inadmissibility and deportability consequences; analyzed on case-specific basis. (c) Controlled substance offenses -- many federal CDS convictions trigger removal except for single offense of simple possession of small amount of marijuana. (d) Firearm offenses -- can produce removal for non-citizens. (e) Domestic violence and stalking offenses -- can produce removal. (3) Plea-bargaining for immigration safety. Where possible, plea decisions account for immigration consequences. Examples: pleading to specific subsections or charge categories that don't constitute aggravated felonies; pleading to lower amounts of controlled substances; pleading to non-CIMT alternatives; obtaining specific factual findings or omissions that affect the categorical-approach analysis. (4) Federal detention during proceedings. ICE often files detainers on non-citizen federal defendants. The detainer doesn't trigger immigration custody during the criminal case but can cause ICE custody at the conclusion of criminal sentence. (5) Immigration custody after conviction. After sentence completion (or at sentencing for some categories), ICE may take the defendant into immigration custody for removal proceedings. Removal proceedings under 8 U.S.C. § 1229a3 may include immigration-judge hearings, possibly bond, possibly relief from removal in limited circumstances. (6) Post-removal-order consequences. Removed non-citizens face bars on re-entry: 5, 10, or 20 years depending on circumstances; permanent for aggravated felony convictions. Illegal re-entry after removal under 8 U.S.C. § 13264 is itself a federal felony with substantial sentence enhancements. (7) Coordination with immigration counsel. Federal criminal counsel must coordinate with immigration counsel from intake forward. Many cases involve concurrent criminal-defense and immigration-defense strategy. Failure to coordinate has produced significant client harm in case law.

Pre-indictment federal representation is often one of the most important services federal-defense counsel provides: (1) Recognizing federal investigation. Signs include: federal grand jury subpoena receipt; FBI/DEA/HSI/IRS-CID agent contact; target letter from U.S. Attorney's Office; coworkers or business associates receiving subpoenas; financial-records subpoenas to banks or accountants; communications with target letter recipients; news reports of related investigation. (2) Initial engagement. Counsel typically engages immediately on indications of federal investigation. Initial work includes: identifying the prosecuting AUSA and investigative agency; assessing case scope; identifying client's role (target, subject, witness); obtaining and reviewing client documents; conducting client interviews; identifying friendly and adverse witnesses; identifying privilege issues. (3) Government engagement. Counsel often contacts the AUSA to: introduce representation; obtain information about the investigation scope; assess client's role; propose proffer sessions where appropriate; negotiate document-production scope; discuss potential dispositions; manage timing of any indictment. The conversation tone and substance affect how the prosecutor views the client and the case. (4) Proffer sessions. Where the client has information of value to the investigation and the client benefits from cooperation, proffer sessions provide the framework. Held under a written proffer agreement providing limited use immunity (the government cannot use the client's statements directly against them but can use information derived from them). Proffer decisions are among the most consequential -- they can produce cooperation agreements with substantial-assistance benefits, charging decisions favorable to the client, or no agreement (and useful intelligence to the prosecution). (5) Alternative dispositions. Pre-indictment work sometimes produces alternative dispositions -- non-prosecution agreements (rare); deferred-prosecution agreements (more common for corporate defendants); pleas to lesser charges; pre-indictment plea agreements. (6) Investigation. Counsel conducts independent investigation -- interviewing potential witnesses, gathering documents, retaining experts (forensic accountants, computer forensics, industry experts), preparing for the possibility of trial. (7) Mitigation development. Even where indictment is likely, pre-indictment work develops mitigation evidence for eventual sentencing -- character witnesses, employment history, family support, community involvement, mental health and substance abuse history relevant to sentencing, plans for restitution. (8) Tax compliance. Where the case involves potential tax issues, pre-indictment tax compliance can resolve significant exposure separately from criminal charges. (9) Public-relations management. Where the case is high-profile or likely to become so, coordinated communication management can protect the client's reputation and standing.