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A federal criminal case is one brought by the United States government rather than the State of Florida — investigated by federal agencies, prosecuted by Assistant United States Attorneys, and sentenced under the United States Sentencing Guidelines and federal mandatory minimums. A case becomes federal when the alleged conduct crosses state lines, involves a federal agency or program, occurs on federal property, or is swept into a larger federal investigation. The same act — a drug sale, a gun, a billing practice — can be charged in either system, and which forum it lands in changes everything about the exposure and the strategy.
That distinction matters enormously, because federal court is a different arena. More than ninety percent of federal defendants are convicted, and the system is built to move quickly toward that outcome. Federal agents do not move fast at the front end — they investigate quietly for months or years — but once a case is charged, the machinery is fast, well-funded, and unforgiving. Mandatory minimums can tie a judge’s hands, the Guidelines drive sentences with mathematical force, and the resources arrayed against a defendant dwarf anything in state court.
Federal offenses are defined primarily in Title 18 (general crimes), Title 21 (drugs), Title 26 (tax), and a handful of other titles of the United States Code. A federal conviction reaches far beyond prison: there is no parole in the federal system, sentences are followed by years of supervised release, and the collateral consequences — forfeiture of assets, immigration consequences, loss of firearm and civil rights, and the loss of a professional license — can outlast the sentence itself. Because the conduct is serious and the consequences are this severe, the single most important early decision you make is who defends you and how soon you bring them in.
One of the first questions clients ask is why their case is in federal court at all. A crime becomes a federal matter generally when it affects interstate commerce or involves an offense that is committed outside the jurisdiction of any state — and the same underlying act can sometimes be charged by either the state or the federal government, or by both under what is called concurrent jurisdiction. Understanding why a case went federal often points toward how it can be defended.
Conduct is typically charged federally when it crosses state or national lines (drug importation, interstate fraud, trafficking), when it involves a federal agency or program (Medicare and Medicaid billing, tax, federally insured banks, pandemic-relief loans), when it occurs on federal property or involves federal officials, when a federal agency makes the arrest, or when it is swept into a larger federal investigation such as a drug or racketeering conspiracy. Firearms cases frequently go federal when tied to drugs, gangs, or a prior felony record. Whatever the trigger, federal jurisdiction brings the Guidelines, mandatory minimums, and the full resources of the United States government.
Because the choice of forum so dramatically affects exposure, it is sometimes possible — through early advocacy — to influence whether a case is adopted federally or left to the state, or to resolve overlapping exposure in the system that best serves the client. That is one more reason to involve experienced counsel as early as possible.
Federal cases are built by agencies with forensic specialists, accountants, and data analysts, frequently working in task forces and coordinating with civil regulators simultaneously. Knowing which agency is involved tells an experienced lawyer a great deal about how the case will be built and where it can be challenged.
The FBI investigates the broadest range of federal conduct — fraud, public corruption, healthcare fraud, racketeering, and violent crime. The DEA leads federal drug investigations, from street-level conspiracies to international trafficking organizations. Homeland Security Investigations (HSI) investigates narcotics, money movement, smuggling, and import/export offenses through South Florida’s ports. IRS Criminal Investigation (IRS-CI) handles tax offenses and follows the money in nearly every significant fraud and money laundering case; its agents are accountants as well as investigators. The ATF drives firearms and explosives cases. The Department of Health and Human Services Office of Inspector General (HHS-OIG) builds Medicare and Medicaid fraud cases, frequently using billing data to flag outliers before any human reviews a file. The SEC, the Secret Service, the U.S. Postal Inspection Service, and the Department of Labor round out the agencies that regularly appear in prosecutions in the Southern District of Florida.
Two features of this landscape matter for your defense. First, these investigations are quiet and long — so by the time you learn of the case, much of it is already built. Second, parallel proceedings are common: a criminal investigation can run alongside an SEC action, an IRS audit, or a civil forfeiture case, and a misstep in one can devastate the others. Coordinating the response across every front is a core part of competent federal defense.
Not every criminal defense lawyer is equipped for federal court, and not every lawyer who advertises federal experience has carried these cases through to the end. Federal practice rewards specific, hard-won experience, and the wrong fit can quietly cost you the only thing that matters — the outcome. Here is what to look for, in order.
Start here. Board Certification by The Florida Bar is the highest level of recognition the Bar grants for competence and experience in a specific area of law, and in criminal trial law, it is held by fewer than 2% of Florida attorneys. It is not given for time served: it requires a substantial number of contested jury trials as lead counsel, peer review from judges and opposing lawyers who have watched you work, a rigorous written examination, and a demonstrated record of ethical practice. In a federal case — where the government brings overwhelming resources, and the margin for error is small — board certification tells you the Bar itself has examined and vouched for your lawyer as a specialist in the courtroom. Ask whether the lawyer you are considering is board-certified – 98% are not.
More than 90% of federal defendants are convicted, and the overwhelming majority of cases are resolved by plea. That is exactly why trial capability matters: a federal prosecutor negotiates very differently with a lawyer who tries cases than with one who does not. The credible possibility of trial is what produces good resolutions short of trial. Ask any lawyer you are considering how many cases they have personally tried to a jury — if the honest answer is a handful or none, you are negotiating from weakness before you start.
Federal court has its own rules of procedure and evidence, its own sentencing regime in the Guidelines and mandatory minimums, and its own culture you only learn by being there. A lawyer who spends nearly all of his time in state court is learning federal practice on your case. You want counsel who genuinely appears in federal court and understands how charging and sentencing decisions are actually made in the Southern District of Florida.
In a federal case, the most valuable work often happens before any charge is filed — presenting facts to the prosecutor, challenging the government’s theory, and pushing for a declination. The best outcome is frequently the case that never gets indicted. Choose a lawyer who knows how to work that pre-indictment window, not only the courtroom.
Federal cases are won with preparation and firepower — forensic accountants who can attack a loss calculation, investigators who can find the witnesses the government overlooked, and mitigation specialists who can move a sentence at the Guidelines stage. In federal court, the fight over the sentence can matter as much as the fight over guilt, and the right lawyer is built for both.
Finally, you want a lawyer who tells you the truth, returns your calls the same day, and handles your case personally — not one who hands you to a rotating cast of associates. In a case this serious, candor and access are not luxuries; they are the foundation of every good decision you will make.
There are many lawyers in Miami who say they handle federal cases. Some are excellent. Many are not. The advertising looks identical on the outside, which is precisely why it is useless as a basis for choosing. So rather than tell you that I am “experienced” or that I will “fight” for you — language that means nothing because everyone uses it — let me tell you concretely what separates the work I do, and let you judge for yourself.
Board Certification by The Florida Bar is the highest level of recognition the Bar grants for competence and experience in a specific area of law, and in criminal trial law, it is held by fewer than 2% of Florida attorneys. It requires a substantial number of contested jury trials as lead counsel, a written review from judges who have seen you try cases and prosecutors who have had cases against you, a rigorous written examination, and a demonstrated record of ethical practice. In federal court — where the government has unlimited resources the fact that I am board certified tells you something very valuable: the Bar has examined and vouched for me as a specialist in the courtroom, which is the room where these cases are ultimately won or lost. You would not let a doctor operate on you who was not board-certified, and you certainly shouldn’t trust your freedom, reputation and future to a lawyer who is not board-certified. When you are choosing the lawyer who will stand between you and the United States government, it is the credential to look for first.
More than 90% of federal defendants are convicted, and most federal cases end in a plea — which is exactly why a lawyer’s trial record matters even in cases that never see a jury. A federal prosecutor negotiates very differently with a defense lawyer who tries cases than with one who does not. I have tried more than 65 cases to verdict before a jury, and I often have more trial experience than the prosecutors — and at times the judges — in the courtroom. Prosecutors in this community know that, and they know me. It is leverage that exists before a single word of negotiation is spoken, and it is leverage that a lawyer who quietly pleads out every case simply does not have.
Volume, by itself, is not a virtue. But volume combined with attention teaches you the patterns. After more than 5,000 cases, I can usually tell within the first conversation where a case is likely to go, what the pressure points are, and which of the government’s apparent strengths are real and which are bluff. I have seen how certain agencies build their cases, how the Guidelines play out at sentencing, how certain prosecutors value certain charges, and how certain judges run their courtrooms. That institutional knowledge of the federal court system, especially in Miami and the Southern District of Florida, is not something a lawyer can read about. It is earned one case at a time.
When you retain my firm, you are retaining me. Federal clients deserve their lawyer’s personal attention: calls are returned within 24 hours, and you are never handed off to a rotating cast of associates. We respond quickly to email and text messages. I understand the temptation, in a frightening situation, to hire the biggest billboard or the cheapest lawyer. But a federal case is intimate and complex — it requires the lawyer to actually know your facts, who you are, and what is genuinely at stake for you, and that only happens when the lawyer arguing your case is the lawyer who has lived with it from the beginning.
In federal court, the Guidelines and mandatory minimums often matter as much as guilt or innocence. A defense is not a speech delivered at the end; it is a structure built from the beginning — engaging with prosecutors before charges are filed, preserving evidence before it disappears, identifying the motions that can suppress what the government most needs, and shaping the sentencing picture from day one. The cases that resolve well almost always do so because the groundwork was laid early. The single most common thing I wish clients had done differently is call sooner.
I was elected President of the Miami-Dade Chapter of the Florida Association of Criminal Defense Lawyers by my peers — the other defense lawyers in this county — and earlier in my career I received that organization’s Outstanding Young Lawyer Award. Reputation is not a vanity. I have served on the Board of Directors of the Miami-Dade Bar Association, am a member of the Wilkie D. Ferguson Bar Association, and frequently teach criminal defense to young aspiring lawyers. In a system where lawyers, prosecutors, and judges interact repeatedly over many years, credibility is currency. When I tell a prosecutor or a judge that a particular fact is true, or that my client will not accept a particular offer, it is believed — because I have spent years not saying things that turn out to be untrue. That credibility benefits the people I represent in ways that never appear on any invoice.
Under federal investigation or already charged? Call 866-797-0612 now. The earlier I am involved, the more I can do — sometimes before charges are ever filed.
Brian Kirlew defends the full range of federal prosecutions in the Southern District of Florida and Nationwide — both the financial and white-collar matters the firm is known for and the broader set of federal charges that send people to prison every day. These are the federal matters I defend most often; each links to a dedicated page with deeper detail.
Importation, distribution, and conspiracy charges under 21 U.S.C. §§ 841 and 846, where drug weight drives mandatory-minimum sentences that tie a judge’s hands in sentencing. Challenging the drug weight, the conspiracy, and the agent’s case is the defense. Safety valve and substantial assistance ways around the mandatory minimums, but they must be approached with caution. Learn more about our federal drug trafficking defense.
Racketeering charges that sweep an entire “enterprise” into one case and expose each defendant to the conduct of others — up to 20 years per count. The government must prove the pattern and the enterprise; that is where the case is fought. Learn more about our federal RICO defense.
Staged-accident, PIP, and billing-fraud schemes built by federal investigators and data analytics. Intent — and the line between aggressive billing and a crime — is the battleground. Learn more about our federal insurance fraud defense.
Felon-in-possession charges under § 922(g) and the brutal § 924(c) counts that stack mandatory, consecutive prison time on top of any other sentence. The search, the stop, and the elements are everything. Learn more about our federal gun crime defense.
The government moving to seize bank accounts, homes, vehicles, and business assets — often before any conviction. Fighting forfeiture is a distinct battle, and frequently as important to a client as the charge itself. Learn more about our federal asset forfeiture defense.
Medicare and Medicaid prosecutions, a top enforcement priority in South Florida, are built on billing data and audits. The line between an aggressive practice and a crime is exactly where the defense lives. Learn more about our federal healthcare fraud defense.
Every area below has its own page. If your charge is not listed here, call — the odds are I handle it.
• Federal Asset Forfeiture & Seizure
The firm maintains a national federal defense practice from its Miami base; many of these matters also overlap with our white collar and criminal defense practices.
Federal cases are not like state cases. By the time you learn you are a target, agents from the FBI, DEA, HSI, IRS-CI, or another agency have often been investigating for months — interviewing witnesses, pulling records, and building a file. The single most important decision you can make is to stop talking and get a federal defense lawyer involved before you say anything to anyone.
• Stay silent and politely decline to answer questions.
• Write down everything you remember about the contact — who, when, and what was said.
• Preserve documents, devices, and messages exactly as they are.
• Call a board-certified federal defense attorney immediately.
• Talk to agents to “clear things up” or “tell your side.”
• Delete, hide, or alter anything — that can be a separate federal crime.
• Discuss the case with friends, family, or co-workers who could become witnesses.
• Assume that cooperating without counsel will help you.
• Search the internet or use AI tools about your charge — those records are recoverable and can be used against you.
People often assume a criminal case is a criminal case. In federal court, that assumption is dangerous. More than 90% of federal defendants are convicted, and the system is built to move quickly toward that outcome. Only 3% of federal cases go to trial. Defending a federal case takes a lawyer who knows how it actually works — and several features make it unlike anything in state court.
Federal law gives prosecutors powerful tools that magnify exposure. Conspiracy law reaches an agreement plus a single act in furtherance of it, so a person on the edges of a scheme can be charged for the whole of it. The doctrine of relevant conduct allows a sentencing judge to consider losses, drug quantities, and acts that were never charged — or even acquitted. Mandatory minimums in drug and firearm cases can force a specific sentence regardless of the equities involved, and § 924(c) firearm counts stack consecutively on top of everything else. And the United States Sentencing Guidelines translate the alleged facts into a recommended range with mathematical force.
The government also has effectively unlimited resources and enormous patience. A line prosecutor can devote a year to a single case, backed by agents, forensic accountants, and analysts. Sometimes, agents become so invested that people who knew nothing of any wrongdoing are swept into a conspiracy on the theory that they should have known. And there is the trial penalty: defendants who go to trial and lose often face materially higher sentences than those who plead — which is exactly why a lawyer who can credibly try the case changes the negotiation, while a lawyer who cannot has little to offer but capitulation.
That is why federal-specific experience is not optional. With board certification, a real trial record, and the resources to fight on both the charge and the sentence, Brian Kirlew meets the government on equal footing — and, in the right case, prevents a charge from ever being brought.
Federal cases follow a path that looks very different from a street-level arrest. Knowing the stages tends to lower the fear, because fear thrives on the unknown. Not every case touches every stage, but this is the map, from the first quiet investigation to a possible appeal.
It usually begins long before you know it. An agency opens a file based on a tip, a referral, an informant, a suspicious activity report, or data analytics, and agents gather records by grand jury subpoena, conduct surveillance, and interview witnesses. The most damaging evidence in many federal cases is created during this period — often by the target, who tries to be helpful, returns an agent’s call without a lawyer, or makes a statement the government later frames as a lie.
You may first learn of the case when agents appear at your door, when a grand-jury subpoena arrives, when a search warrant is executed at your home or business, or through a target letter. Each demands an immediate, strategic response by counsel — and none should be answered alone. What you do in the first hours often shapes the entire case.
The government sorts people into three categories: a witness has information; a subject is someone whose conduct is within the scope of the investigation; a target is someone the government expects to charge. Where you sit drives strategy entirely, and your status can sometimes be improved through the right advocacy before charges are decided.
This is the most valuable window in a federal case. Before an indictment, counsel can meet with the prosecutor, present exculpatory evidence, challenge the government’s theory, and argue for a declination or a lesser charge. The best result is often the case that never gets indicted — and once an indictment is returned, many of these options close.
Most serious federal charges are brought by a grand jury, which hears only the prosecutor’s evidence, in secret, under a standard far lower than at trial. The defense is not present and cannot cross-examine. The grand jury is also an investigative engine used to compel records and testimony — so if you or your records are subpoenaed, involve counsel right away.
After an indictment or complaint is filed, you are arrested and brought before a magistrate judge. A critical early fight is detention: under the Bail Reform Act, the government may seek to hold you pending trial. Winning release — so you can prepare your defense from home rather than a federal facility — is one of the first and most important battles in the case.
You are formally charged, enter a plea (almost always not guilty at this stage), and the government produces its evidence — often hundreds of thousands of pages of records, reports, recordings, and forensic data. This is where cases are genuinely won or lost: with investigators and forensic experts, we find the inconsistencies, the missing context, and the alternative explanation the government would rather you never see.
Motions can suppress evidence from an unlawful search, stop, or overbroad subpoena, dismiss legally defective counts, compel favorable evidence, and limit what the jury hears. In federal court, these legal fights frequently shape the outcome more than anything that happens in front of a jury.
Most federal cases resolve by negotiation, but the quality of a resolution depends entirely on the strength of the position behind it — and on the credible willingness to try the case. Good negotiation is not capitulation; it is leverage applied with judgment, often supported by a mitigation presentation that gives the prosecutor a reason to agree.
If a case does not resolve, it should be tried — by a board-certified lawyer who tries cases. The government must prove every element of every count beyond a reasonable doubt to a jury; the defendant need not prove anything. Federal trials are won through relentless cross-examination, command of the record, and the ability to make a complex story clear to twelve people.
If there is a conviction, the Guidelines and any mandatory minimums drive the exposure. A Presentence Report is prepared, the parties litigate the Guidelines calculation, and the judge weighs the statutory sentencing factors. Effective Guidelines litigation and a compelling mitigation presentation can change a federal sentence by years — sometimes the difference between prison and probation.
A conviction is not necessarily the end. Legal errors at trial or sentencing can be challenged on direct appeal, and certain issues can be raised afterward through post-conviction motions — all on strict deadlines that begin to run immediately. If something went wrong, the time to act is short.
Because so many federal cases resolve in a sentence rather than an acquittal, understanding how federal sentencing works is central to the defense from day one — not an afterthought. Two forces drive a federal sentence: the United States Sentencing Guidelines and statutory mandatory minimums.
The Guidelines assign an offense level and a criminal-history category that together produce an advisory range. In drug cases, the driver is the drug type and weight; in fraud cases, it is the loss amount; in firearm cases, it is the type of offense and prior record. Adjustments for role, sophistication, number of victims, obstruction, and acceptance of responsibility move the range up or down. Much of the real fight happens here — over the drug weight, the loss figure, or the role — and a successful challenge can change a sentence dramatically before any other argument is made. Critically, relevant conduct allows the judge to consider acts that were never charged, which is one more reason these calculations must be fought carefully.
Mandatory minimums are different and more dangerous: they are fixed sentences set by statute that a judge generally cannot go below. Federal drug trafficking and § 924(c) firearm offenses are the classic examples, and § 924(c) counts run consecutively. There are only two main paths below a mandatory minimum — the safety valve (for certain non-violent, low-history drug defendants) and substantial-assistance cooperation — and whether either applies is a critical, early strategic question.
Because the Guidelines are advisory, the judge must also weigh the statutory sentencing factors — the nature of the offense, the defendant’s history and characteristics, and the need for a sentence sufficient but not greater than necessary. This is where mitigation lives. A thorough mitigation presentation — background, health, family, contributions, and a genuine path forward — can persuade a judge to vary below the range. In the right case, the difference between an average sentencing presentation and an exceptional one is the difference between years.
A federal conviction reaches far beyond a courtroom and often beyond any prison term. Understanding the full scope is part of making good decisions about how hard to fight and when a resolution truly serves you.
The federal system abolished parole: a federal sentence is served day for day, with only limited good-time credit. Combined with the Guidelines and mandatory minimums, that makes the prison exposure in federal court especially serious — and avoiding or reducing it the central objective.
Almost every federal sentence includes a term of supervised release that follows any prison time — years under conditions set by the court, with the threat of return to prison for a violation. It is a real, lasting restriction that continues long after the sentence appears to be over.
Courts routinely impose fines and order restitution to victims. Restitution is mandatory in many cases, can be very large, is enforceable against future earnings, is generally not dischargeable in bankruptcy, and can shape the rest of your financial life.
The government can move to seize bank accounts, homes, vehicles, and business assets it alleges are connected to the offense — sometimes before any conviction, through pretrial restraint. Fighting forfeiture is a distinct legal battle with its own rules and deadlines, and it is frequently as important to a client as the criminal case.
For non-citizens, many federal offenses are aggravated felonies or crimes involving moral turpitude that trigger deportation and bar relief, naturalization, or re-entry. Certain pleas that look favorable in the criminal case are devastating for immigration. These consequences must be analyzed before any plea.
A federal felony conviction results in the loss of the right to possess a firearm and certain civil rights, including limits on voting in some circumstances, serving on a jury, and holding certain positions, and restoration is difficult to obtain.
Doctors, lawyers, accountants, financial professionals, and contractors can lose the licenses their livelihoods depend on — sometimes on the charge alone. A conviction can also trigger exclusion from Medicare and Medicaid or debarment from federal contracting.
For most people, the collateral damage — to reputation, employment, housing, and family — is among the most lasting consequences. It is why how a case is handled, and how early, matters so much.
Being investigated or charged is not the same as being convicted. The right defense depends entirely on the facts, but these are among the approaches that most often make the difference in federal cases.
The Fourth Amendment limits how the government may gather evidence. Evidence obtained through an unlawful search, a bad stop, or an overbroad warrant or subpoena can be suppressed — and in many drug and firearm cases, a successful suppression motion ends the case.
Most federal charges require the government to prove you acted knowingly and with criminal intent — not that you made a mistake or were merely present. Demonstrating the absence of that mental state is the heart of many federal defenses, from fraud to firearms.
Conspiracy charges require proof of an actual agreement to commit a crime. Mere presence, association, or knowledge that others were doing something improper is not enough. Where a client never joined or withdrew from the alleged agreement, that can defeat or sharply limit a conspiracy charge.
Because weight and loss drive federal sentences and mandatory minimums, challenging the government’s numbers is itself one of the most valuable defenses — contesting quantity, attribution, and methodology. Winning that fight can transform the exposure even where some guilt is not seriously contested.
The government must prove every element of every count beyond a reasonable doubt. Often, they rely on informants and cooperators with their own motives. Where the proof of knowledge, intent, or a particular defendant’s role is lacking, attacking the motives and reliability of these informants presents the clearest path to winning at trial.
Charges that are legally defective, multiplicitous, or brought outside the statute of limitations can be dismissed. These technical defenses can narrow a sprawling indictment or end parts of it before trial.
A federal defense is not a single act; it is a campaign waged across the entire life of a case, from the first quiet sign of an investigation through trial, sentencing, and beyond. Here is how the firm approaches it.
From the first conversation, Brian opens and maintains lines of communication with the prosecutors and agents involved. Handled by experienced counsel, that dialogue can lead to a favorable resolution — or a declination — before any arrest is made or a charge filed.
When the government seeks to hold a client pending trial, Brian fights for release on reasonable conditions so the client can prepare the defense from home rather than in a federal facility. That early win shapes everything that follows.
When a case moves forward, preparation is everything. Brian scrutinizes the records, recordings, and forensic evidence the government intends to use, and cross-examines its witnesses — including informants and cooperators — to expose the inconsistencies and motives the government would rather you never find.
For clients facing serious exposure, Brian builds a holistic defense — engaging expert investigators, forensic accountants, and mitigation specialists to test the government’s numbers, accurately reconstruct the facts, and present the strongest possible case at every stage.
Brian uses pretrial motions to suppress unlawfully obtained evidence, dismiss defective counts, and limit the government’s proof — the kind of work that can narrow a case or end it before trial.
Where resolution serves the client, the firm negotiates from genuine strength, backed by a board-certified lawyer with more than 65 verdicts who is truly prepared to try the case. And because, in federal court, the sentence often matters as much as the verdict, the firm challenges the Guidelines and mounts a thorough mitigation case to seek the lowest possible sentence — frequently the difference between prison and freedom.
Under federal investigation or already charged? Call 866-797-0612 for a confidential consultation with a board-certified criminal trial lawyer.
A federal conviction or sentence is not always the end of the road. If legal errors occurred at trial or at sentencing — an improper evidentiary ruling, a Guidelines miscalculation, a constitutional violation — they can be challenged on direct appeal to the Eleventh Circuit Court of Appeals. Appeals are a different discipline from trial work: they turn on the written record, careful issue selection, and persuasive briefing, and they run on strict deadlines that begin the moment judgment is entered.
Beyond the direct appeal, certain issues — such as ineffective assistance of counsel or newly discovered evidence — can sometimes be raised through post-conviction motions under 28 U.S.C. § 2255. These too carry firm deadlines, and the right to pursue them can be lost simply by waiting. If you or a loved one believes something went wrong in a federal case, the time to have it reviewed is now, not later.
Concerned about a federal conviction or sentence? Call 866-797-0612 to discuss your appeal options before the deadline passes.
These are the questions clients ask most often. The answers are general; every case turns on its own facts. Schedule a consultation for advice specific to your situation.
Not necessarily. A target letter means the government believes you may be charged — but it is also an opportunity, because charges usually have not been filed yet. That pre-indictment window is the time to get counsel involved, when there may still be room to influence whether and what charges are brought. The worst responses are to do nothing or to call the prosecutor yourself.
No — not without a lawyer. Agents are trained interviewers, and “just talking” is how many cases are built. You can be charged with a separate felony for a false statement under 18 U.S.C. § 1001 even if you are innocent of the underlying conduct. You have the right to decline and to have counsel present — use it.
You may receive a grand-jury subpoena, a target letter, or a visit from agents; you may learn your records were subpoenaed, that associates were questioned, or that a search warrant was executed. Often the first sign is subtle. If you suspect it, treat it seriously and call a lawyer before doing anything else.
Federal cases are investigated by federal agencies, prosecuted by U.S. Attorneys, and sentenced under the U.S. Sentencing Guidelines and mandatory minimums. They tend to involve more resources, longer investigations, and stiffer potential sentences than comparable state charges — which is why experience specific to federal cases matters.
Board Certification in Criminal Trial Law is the highest recognition The Florida Bar grants in this field, held by fewer than 2% of Florida attorneys, and it certifies a substantial record of contested jury trials, peer review, and a rigorous examination. In federal court — where the government’s resources are overwhelming, and the margin for error is small — it is a meaningful, verified signal that your lawyer is a courtroom specialist.
Because prosecutors negotiate differently with a lawyer who tries cases. A defense lawyer who has reached more than 65 verdicts — often with more trial experience than the prosecutors in the room — carries leverage that a lawyer who quietly pleads out every case does not. That leverage benefits you whether or not your case ever reaches a jury.
A group of citizens that hears the prosecutor’s evidence in secret and decides whether there is probable cause to indict. The defense is not present, there is no cross-examination, and the standard is low. It is also used to compel documents and testimony by subpoena. If you or your records are subpoenaed, involve counsel right away.
Yes — and that is often the goal. Through early intervention, presenting exculpatory facts, and negotiating with prosecutors, it is sometimes possible to reduce the charges, narrow the exposure, or persuade the government to decline a case altogether. Once an indictment is issued, those options shrink.
An advisory framework that produces a recommended sentencing range based on the offense and the defendant’s history. In drug cases, the driver is weight; in fraud cases, loss; with adjustments for role, sophistication, and acceptance of responsibility. The Guidelines anchor most federal sentences, and skilled litigation over them can change a sentence by years.
A mandatory minimum is a fixed sentence set by statute that a judge generally cannot go below — common in federal drug and § 924(c) firearm cases. There are two main paths below one: the safety valve, for certain non-violent, low-criminal-history drug defendants, and substantial-assistance cooperation. Whether either applies is a critical early question.
Not necessarily. Outcomes range from declination and probation to substantial prison terms, depending on the charge, the Guidelines, any mandatory minimums, the defense, and the mitigation. Avoiding or reducing incarceration is often the central objective, pursued through the defense and through sentencing advocacy.
No. Federal parole was abolished, so a federal sentence is served day for day, with only limited good-time credit. That makes the prison exposure in federal court especially serious and the reduction of it especially important.
Trafficking offenses under 21 U.S.C. §§ 841 and 846 cover distribution, importation, and conspiracy, and the penalties are driven by drug type and weight — frequently triggering mandatory minimums. Challenging the weight, the attribution, and the legality of the search is central to the defense.
Common federal firearm charges include felon-in-possession under § 922(g) and using or carrying a firearm during a drug or violent crime under § 924(c) — the latter adding mandatory, consecutive prison time. The search, the stop, the knowledge element, and the underlying offense are all places the defense lives.
The Racketeer Influenced and Corrupt Organizations Act allows prosecutors to charge a pattern of offenses committed through an “enterprise,” exposing each defendant to the conduct of others, and imposes up to 20 years per count. It is among the most serious federal charges — and, properly defended, among the most contestable, because the government must prove both the enterprise and the pattern.
Forfeiture lets the government seize assets it alleges are connected to the offense — accounts, homes, vehicles, business property — sometimes before any conviction, through pretrial restraint. Fighting forfeiture is a distinct battle with its own rules and deadlines, and it is often as important to a client as the charge itself.
Yes. Federal conspiracy and aiding-and-abetting law can reach acts committed by others in furtherance of a shared agreement. That is a theory, not a certainty — the government still must prove you knowingly joined the agreement — and it is exactly the kind of overreach a strong defense is built to challenge.
A proffer is a meeting in which you provide the government with information under a limited-use agreement. It carries real risk and benefit, and what you say can sometimes be used against you in ways people do not expect. It should never be done without experienced counsel weighing whether, when, and how to proceed.
Sometimes cooperation is the right strategy — it can be the path below a mandatory minimum — and sometimes it is a serious mistake. It depends on your exposure, the strength of the case, and what you actually know. Make that decision only with a lawyer who has evaluated the whole picture, never on your own.
It may. Under the Bail Reform Act, the government can seek pretrial detention, especially in drug, firearm, and serious-fraud cases. Fighting for release on reasonable conditions — so you can prepare from home, not a federal facility — is one of the first and most important battles in the case.
Yes. The firm’s core federal practice is in the Southern District of Florida — Miami-Dade, Broward, Palm Beach, Martin, and Monroe counties — and it maintains a federal practice in Central and North Florida, as well as a national federal defense practice. If your matter is in another district, call, and we can talk it through.
Often months to years. That length is itself a reason to engage counsel early: the investigative period is precisely when the most can be done to shape — or prevent — a charge.
Most federal offenses carry a five-year limitations period, but important categories are longer — bank fraud and offenses affecting a financial institution carry a ten-year limitations period, and some are longer still. Whether the government charged in time is a real, sometimes case-ending defense.
Significantly. Most federal offenses are deportable, and certain pleas that look favorable in the criminal case are devastating for immigration — barring relief, naturalization, or re-entry. The immigration consequences must be analyzed before any plea is entered.
The investment depends on the complexity and stage of the matter — a pre-indictment intervention and a multi-count federal trial are very different undertakings. I am transparent about the fee from the outset, and the real question is what an inadequate defense can cost you in freedom, assets, and your future. The initial consultation is confidential, and I am glad to discuss your situation.
Stop discussing the matter with anyone but a lawyer; preserve — do not destroy — records, because destroying or altering them is itself a serious federal crime; do not call the agent or contact witnesses; and call experienced federal counsel. The earliest steps are the ones that matter most.
Yes. Communications with a lawyer for the purpose of seeking legal advice are protected by the attorney-client privilege, and that protection applies to your initial consultation even if you do not ultimately retain the firm. You can speak candidly.
In drug, fraud, or RICO cases, a court may impose a Nebbia hold requiring you to prove that the money used to post bond comes from legitimate, lawful sources before you can be released. Satisfying it requires a documented package of bank records and other evidence; an experienced attorney is essential to securing approval so that release from custody can actually happen.
Under the Bail Reform Act, the government may ask the court to hold you pending trial, arguing you are a flight risk or a danger. At the detention hearing, your lawyer presents ties to the community, employment, and family, as well as a release plan with conditions. Winning release lets you prepare your defense from home rather than a federal facility — a critical early battle.
The safety valve is a provision that allows certain non-violent drug defendants with little or no criminal history to be sentenced below an otherwise mandatory minimum if they meet specific criteria, including truthfully providing the government with all the information they have. Whether you qualify is a critical early question with a large effect on exposure.
It is a motion the government can file when a defendant provides substantial assistance — cooperation — that allows the judge to sentence below the Guidelines or a mandatory minimum. Cooperation carries real risks and benefits and is a decision to make only with experienced counsel who has weighed your entire situation.
A superseding indictment replaces an earlier one, often to add charges, add defendants, or refine the allegations as an investigation develops. It is common in larger federal cases and is one reason the defense must stay engaged and forward-looking throughout, rather than just reacting to the first charging document.
After a conviction or plea, a U.S. Probation officer prepares a Presentence Report (PSR) calculating the Guidelines and detailing your background. It heavily influences the sentence, and the defense can and should object to errors and contest the calculations. Shaping the PSR is a key part of sentencing advocacy.
Supervised release is a period of court supervision that follows a federal prison term, with conditions you must follow. A violation can result in being sent back to prison — sometimes for a significant term — so the conditions and any alleged violation must be taken seriously and defended.
Many federal plea agreements include an appeal waiver, giving up some or all of your right to appeal in exchange for the agreement’s benefits. The terms matter enormously and must be reviewed carefully before you sign — which is one more reason to have experienced counsel negotiating the agreement.
Federal convictions generally cannot be expunged, which is one more reason the defense itself matters so much. In limited situations, a charge that does not result in a conviction may be handled differently. Ask about your specific circumstances during a consultation.
No. Retaining counsel is the normal, expected response to a federal investigation, and prosecutors and agents understand that. What can hurt you is talking your way into a false statement, destroying records, or contacting witnesses — the very mistakes a lawyer is there to prevent.
Most serious federal felonies are charged by a grand jury indictment. A charge by “information” is filed directly by the prosecutor, without a grand jury, and usually signals a negotiated resolution — a defendant has agreed to waive indictment as part of a plea. Which path your case takes says something about where it is headed.
The government must disclose its evidence and, under Brady and Giglio, any material favorable to the defense, including impeachment evidence; the Jencks Act governs the timing of witness statements. Federal discovery can involve enormous volumes of records and recordings, and mining them carefully for the defense is one of the most important phases of the case.
Federal court records are generally public, which is one reason discretion in how a case is handled matters — especially for professionals and business owners. Where appropriate, there are limited tools to protect sensitive information, and a thoughtful strategy can reduce unnecessary exposure. We discuss this with every client whose reputation is at stake.
Yes. Under the “dual sovereignty” doctrine, state and federal governments can each prosecute the same underlying conduct, and a state case does not always bar a federal one. Coordinating exposure across both systems — and, where possible, steering a case toward the better forum — is part of an experienced defense.
“Incredible attorney. My family member was facing a really tough case and had an unbelievable outcome thanks to you.”
“My son worked with Mr. Kirlew and had an extremely professional experience. Mr. Kirlew kept us informed throughout the entire process and always answered any questions we had. If we ever called and he wasn’t there, he would get back to us on the same day. He developed a great strategy for us, and I continue to have my son with me to this day. Thank you again, Mr. Kirlew”
“About 5 years ago, I had some legal issues and was introduced to Mr. Brian Kirlew. The result of that first case was amazing — he got the charge completely dismissed. I recently caught a federal charge, and it was looking very dim for me. Brian took what was looking like a 2-year minimum mandatory and got me sentenced to 10 months, with my second charge dropped, so I get to go home to my family. His knowledge of federal law makes him the best, and you can see he truly cares for his clients.”
Attorney Advertising. These reviews reflect the experiences of individual clients and are displayed with their consent. They are not a guarantee, warranty, or prediction of the outcome of any other matter. The outcome of any case depends on factors unique to it, and prospective clients may not obtain the same or similar results.
The Southern District of Florida — which spans Miami-Dade, Broward, Palm Beach, Martin, and Monroe counties — is one of the busiest and most aggressive federal jurisdictions in the country. Its courthouses see a constant volume of drug-trafficking, firearms, healthcare-fraud, money-laundering, and racketeering prosecutions, driven by the region’s role as a hub for international trade, travel, banking, and healthcare. Federal investigations here are frequent, well-resourced, and serious.
The Kirlew Law Firm defends clients throughout South Florida, in both the federal and state systems, from its Miami office and its satellite office in Fort Lauderdale. Brian Kirlew appears in the federal courthouses of the Southern District and understands the local landscape — the prosecutors, the practices, and how these cases are actually built and resolved here. The firm also maintains a federal practice in Central and North Florida and represents clients in federal investigations and indictments across the country.
Whether you are facing a drug-conspiracy indictment, a firearms charge carrying a mandatory minimum, a healthcare-fraud or insurance-fraud investigation, a forfeiture action against your property, or a target letter that just arrived in the mail, the firm offers experienced, board-certified, and aggressive representation — and a free, confidential consultation to begin.
Every day you wait is a day the government keeps building. If you believe you are under federal investigation — or you have already been charged — the sooner you have an experienced, board-certified federal defense lawyer on your side, the more options you have. The Kirlew Law Firm offers a free, confidential phone consultation to learn about your situation and explain how we can help. Evidence is most preservable, deadlines most reachable, and pre-charge options most open at the very beginning.
Call 866-797-0612 or contact us online to schedule your free, confidential consultation. The Kirlew Law Firm — 2103 Coral Way, Suite 401, Miami, FL 33145.
We’ll set up a phone consultation to get to know you and your circumstances.
The information on this page is provided for general educational purposes and does not constitute legal advice, nor does it create an attorney-client relationship. Every case is different, and the outcome of any matter depends on its specific facts and applicable law. Past results do not guarantee or predict a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
The information on this page is provided for general educational purposes and does not constitute legal advice, nor does it create an attorney-client relationship. Every case is different, and the outcome of any matter depends on its specific facts and applicable law. Past results do not guarantee or predict a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
Committed to aggressive, personalized legal representation for criminal defense, white collar, federal, and family law matters throughout Florida since 2012.
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