What to Expect When Facing Federal Criminal Charges in Pennsylvania

Federal vs. State Criminal Charges: What’s the Difference?

In Pennsylvania, most criminal cases are handled at the state level. These include offenses like simple assault, DUI, drug possession, and theft. However, certain crimes fall under federal jurisdiction. These usually involve:

• Crimes that cross state lines (e.g., drug trafficking, wire fraud)

• Crimes that involve federal property or personnel

• Immigration violations

• Major financial crimes (e.g., tax evasion, securities fraud)

• Crimes investigated by federal agencies like the FBI, DEA, or ATF

Federal charges are prosecuted in U.S. District Courts. For Philadelphia-area residents, that means the Eastern District of Pennsylvania, which has its main courthouse in Center City.

How Do Federal Investigations Work?

One of the most intimidating aspects of federal cases is how they’re built. Federal investigations often take months—or even years. Agencies like the FBI or IRS gather substantial evidence before making an arrest. They may use:

• Wiretaps or surveillance

• Grand jury subpoenas

• Search warrants

• Interviews with cooperating witnesses

In many cases, a person may learn they are under investigation before formal charges are filed. This is a critical moment to hire a criminal defense attorney—before it’s too late to shape the narrative or potentially prevent an indictment.

The Federal Charging Process

Federal cases move through several unique stages, including:

1. Investigation & Indictment – The U.S. Attorney's Office presents evidence to a grand jury. If they vote to indict, charges are filed.

2. Arraignment – You are formally notified of the charges and asked to enter a plea.

3. Detention Hearing – Federal judges determine if you should remain jailed or be released while awaiting trial.

4. Discovery and Pre-Trial Motions – Your attorney receives the government’s evidence and can file motions (e.g., to suppress illegal searches).

5. Trial or Plea Bargain – Many federal cases resolve through plea deals, but some go to trial where federal rules of evidence apply.

6. Sentencing – If convicted, your sentence will be guided by the Federal Sentencing Guidelines, which are often more severe than state penalties.

Federal Sentencing: Why It’s Tougher

Federal sentencing is typically harsher than in state court. Judges must consider the U.S. Sentencing Guidelines, which weigh:

• The severity of the offense

• Prior criminal history

• Amounts involved (e.g., drugs, money)

• Use of weapons or violence

Minimum mandatory sentences may apply to crimes like drug trafficking or gun possession. Unlike Pennsylvania’s state system, there is no parole in the federal system—meaning you must serve nearly all of your sentence.

Why You Need a Defense Attorney Familiar with Federal Court

Defending a federal criminal case requires in-depth knowledge of the federal court system, evidence rules, and negotiation strategies. Federal prosecutors have more time, more resources, and less backlog than state courts, which often results in a more aggressive approach.

That’s why it’s crucial to work with a criminal defense attorney who:

• Is admitted to practice in federal court

• Has handled cases in the Eastern District of Pennsylvania

• Understands federal sentencing laws and how to negotiate downward departures

• Knows when to challenge grand jury proceedings or search warrants

Under Federal Investigation? Don’t Wait.

If you’ve received a target letter, been contacted by a federal agent, or suspect you're under investigation, do not wait until formal charges are filed. Speaking with authorities without legal representation can be a serious mistake that jeopardizes your defense.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

With over 30 years of experience handling both federal and state criminal cases, Mark D. Hauser provides aggressive, strategic representation for clients in Philadelphia and throughout Pennsylvania. If you’re facing federal charges—or even suspect you’re being investigated—time is of the essence.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.