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Federal Defense FAQ

By John D. Kirby, Former U.S. Federal Prosecutor ·

Answers to the most common questions about federal criminal defense.

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How is federal court different from state court?
Federal court has stricter procedures, different evidence rules, and no parole. Federal prosecutors are generally more experienced and better resourced. The conviction rate is significantly higher.
Will I be detained pending trial?
The Bail Reform Act governs federal pretrial detention. The court considers flight risk and danger to the community. Experienced counsel can present a strong case for pretrial release with appropriate conditions.
What are mandatory minimums?
Mandatory minimum sentences are set by statute and require a minimum prison term regardless of individual circumstances. Common in drug, firearms, and child pornography cases. Some have safety valves or substantial assistance exceptions.

New research notes are added to this archive as courts publish additional decisions.

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