Federal Criminal Defense Lawyers in Montgomery, Alabama

What to do first if you think you are under federal investigation

Do not talk to agents without a lawyer sitting with you. A materially false statement in a matter within federal jurisdiction is its own crime under 18 U.S.C. § 1001, punishable by up to five (5) years. That interview is not a chance to clear things up.

Do not delete anything. Not a text thread, not a phone, not a file. Obstruction conduct happens after you learn about the investigation, it is often easier to prove than whatever the government was looking at first.

If a target letter arrives, take it to a lawyer that week. Under Justice Manual § 9-11.151 a target is someone the prosecutor has substantial evidence linking to a crime and regards as a putative defendant. The stretch before indictment is where a lawyer has the most room to work.

Why a case ends up in federal court

Federal jurisdiction usually comes from conduct crossing a state line, touching the mails or interstate wires, involving a federally insured institution, or involving a firearm and a qualifying record. Many drug and gun cases here arrive another way: a task force of federal agents and local officers works it, and an arrest that would have gone to Montgomery County Circuit Court is presented to the United States Attorney instead.

A state prosecution does not close the door on a federal one. In Gamble v. United States, 587 U.S. 678 (2019) — an Alabama case — the Supreme Court left the separate-sovereigns doctrine standing. While that surprises nearly everyone who hears it, it is settled law.

How a federal case moves

Most federal cases begin long before an arrest, and that stage can run for years. What follows is consistent, even where the timing is not:

The charge. A felony proceeds by grand jury indictment unless the defendant waives it and agrees to an information, which usually signals a negotiated resolution. An indictment generally must be filed within thirty (30) days of arrest. 18 U.S.C. § 3161(b).

The initial appearance and detention hearing. An arrested person goes before a magistrate judge without unnecessary delay. Fed. R. Crim. P. 5(a)(1)(A). If the government moves to detain, the hearing proceeds immediately unless someone seeks a continuance — no more than five (5) days for the defense, three (3) for the government. 18 U.S.C. § 3142(f).

Discovery, motions and plea negotiation. Federal discovery is narrower than most people expect. The Speedy Trial Act sets seventy (70) days to trial, 18 U.S.C. § 3161(c)(1), though excludable time stretches it.

Sentencing. A probation officer prepares a presentence investigation report. The probation officers report must go to both sides at least thirty-five (35) days before sentencing, with objections due within fourteen (14) days. Fed. R. Crim. P. 32(e)(2), (f)(1). It drives the hearing more than anything else in the file.

Detention: whether you go home while the case is pending

This is the first question a family asks, and it has a statutory answer. Under 18 U.S.C. § 3142(g) the judge weighs the offense charged, the weight of the evidence, the history and characteristics of the person, and the danger release would pose.

Read that third factor closely. Congress spelled it out — family ties, employment, financial resources, length of residence in the community, past conduct, and record concerning appearance at court proceedings. Those are things a family can document. In a detention hearing that is not sentiment. It is evidence, and gathering it in the two (2) days before the hearing is most of the work.

Certain charges carry a presumption against release, including a Controlled Substances Act offense carrying ten (10) years or more and any offense under 18 U.S.C. § 924(c). § 3142(e)(3). That presumption puts a burden of production on the defendant, and — the part most often misstated — meeting it does not make it go away. In United States v. King, 849 F.2d 485 (11th Cir. 1988), the court held that a rebutted presumption "is not erased" but "remains in the case as an evidentiary finding militating against release."

The burden of persuasion never shifts. It stays on the government — clear and convincing evidence on dangerousness, a preponderance on flight risk.

Federal sentencing is guideline-driven, and there is no parole

If one thing separates federal practice from Alabama state practice, it is this, and it is usually learned too late.

Exposure is calculated before anyone argues. The Guidelines set out 43 levels of offense seriousness and six criminal history categories, I the least serious and VI the most. Base offense level, specific offense characteristics, role, obstruction and acceptance of responsibility all move that number before a word is said at the podium. Acceptance alone is worth two (2) levels under USSG §3E1.1(a), and one (1) more on the government's motion where the level is 16 or greater.

The Guidelines are advisory, not binding. United States v. Booker, 543 U.S. 220 (2005), struck the provision that made them mandatory. They remain "the starting point and the initial benchmark." Gall v. United States, 552 U.S. 38, 49 (2007). The court must then impose a sentence "sufficient, but not greater than necessary" under 18 U.S.C. § 3553(a).

Then comes the part that lands hardest. There is no federal parole. Congress abolished it in the Sentencing Reform Act of 1984 for offenses committed on or after November 1, 1987, and put supervised release in its place. 18 U.S.C. § 3583. What is left is good conduct time, capped at fifty-four (54) days for each year of the sentence imposed — roughly eighty-five (85) percent served. 18 U.S.C. § 3624(b)(1).

Why does that belong at the front of a case rather than the end? Because nearly every decision made in the first month is a decision about that number.

Mandatory minimums and the safety valve

Some statutes take the discretion away. Under 21 U.S.C. § 841(b)(1)(A) the larger drug quantities carry not less than ten (10) years to life, rising to fifteen (15) years after one qualifying prior conviction and twenty-five (25) after two. A firearm count under 18 U.S.C. § 924(c) adds not less than five (5) years, seven (7) if brandished and ten (10) if discharged, and it must run consecutively to every other sentence imposed.

The safety valve at 18 U.S.C. § 3553(f) is the main road below a drug mandatory minimum. It got narrower recently. In Pulsifer v. United States, 601 U.S. 124 (2024), the Supreme Court held that a defendant qualifies only if each of the three criminal-history conditions is satisfied, so any one of them — more than four criminal history points, a prior three-point offense, or a prior two-point violent offense — is disqualifying.

What actually moves a federal case

No lawyer can tell you how a case will end, and one who does is telling you something they cannot know. The offense level is the biggest driver, and much of it is built from facts that are contestable or negotiable — drug weight, loss amount, number of victims, what counts as relevant conduct as against conduct never charged. Criminal history is second, and old state convictions are frequently scored wrong in the first draft of the report. And § 3553(a) leaves room for the whole person, which has to be built rather than looked up.

It is important to understand that none of this is a promise. It is a description of where the work is.

Federal court in Montgomery specifically

Cases from Montgomery County go to the Northern Division of the Middle District of Alabama, which covers twelve (12) counties: Autauga, Barbour, Bullock, Butler, Chilton, Coosa, Covington, Crenshaw, Elmore, Lowndes, Montgomery and Pike. 28 U.S.C. § 81(b)(1). Court is held in the Frank M. Johnson Jr. United States Courthouse Complex downtown.

The district's own numbers say a good deal about what is prosecuted here. In fiscal year 2024 the Sentencing Commission counted 272 individuals sentenced here, up from 140 in 2020. Drugs accounted for 36.4 percent and firearms for 32.7 percent. The mean sentence was 81 months and the median 60.

One figure is worth sitting with. The sentence landed inside the calculated guideline range in 42.6 percent of those cases, with a downward variance in 33.5 percent and a §5K1.1 substantial-assistance departure in another 16.2 percent. The argument below the range is worth building carefully here, it is not a formality. Those are the Commission's figures about the district, not a claim about any lawyer's cases.

Frequently asked questions

What is the difference between state and federal criminal charges in Alabama?

Different prosecutor, different court, and a different sentencing system. A Montgomery state case goes to the Circuit Court for the Fifteenth Judicial Circuit; a federal case goes to the Middle District of Alabama. The gap is widest at sentencing, where a Guidelines range is calculated and there is no parole.

Can I be charged in both state and federal court for the same conduct?

Generally yes. Under the separate-sovereigns doctrine a state and a federal prosecution for the same act are not the same offense for double jeopardy purposes. Gamble v. United States, 587 U.S. 678 (2019).

I received a target letter. What does it mean?

Under Justice Manual § 9-11.151 a target is someone the prosecutor has substantial evidence linking to a crime and regards as a putative defendant. It is not a charge, but it is a reason to have counsel before further contact with agents.

Will I be held in jail until my federal trial?

It depends on the charge and the facts. The judge weighs the four factors in 18 U.S.C. § 3142(g), and certain charges carry a presumption against release under § 3142(e)(3). The burden of persuasion stays with the government.

Are the Federal Sentencing Guidelines mandatory?

No. United States v. Booker, 543 U.S. 220 (2005), made them advisory. The court must still calculate the range correctly before deciding whether to go outside it under 18 U.S.C. § 3553(a).

Is there parole in the federal system?

Not for offenses committed on or after November 1, 1987. The Sentencing Reform Act of 1984 abolished it and substituted supervised release. 18 U.S.C. § 3583. Good conduct time is capped at fifty-four (54) days per year of the sentence imposed. 18 U.S.C. § 3624(b)(1).

Can a judge sentence below a mandatory minimum?

Sometimes. The safety valve at 18 U.S.C. § 3553(f) and a government motion for substantial assistance are the two main routes, each with conditions not every defendant meets.

Why does the presentence report matter so much?

It calculates the Guidelines range and describes the offense, the criminal history and the defendant's background. It must be disclosed at least thirty-five (35) days before sentencing, with objections due within fourteen (14) days. Fed. R. Crim. P. 32(e)(2), (f)(1). Errors left unchallenged tend to follow a case through.

Barfoot & Schoettker is a small Montgomery firm. Our practice includes federal criminal defense in the Middle District of Alabama — detention hearings, motion practice, and sentencing under § 3553(a).

If a federal agent has contacted you, a subpoena or target letter has arrived, or someone has been arrested on a federal charge, contact us for a free consultation at (334) 834-3444. Accordingly, the earlier a lawyer sees it, the more of the case is still ahead of you.

Important Resources:

• Criminal Representation in Alabama
• Traffic Tickets
• The Alabama Court System: What You Need to Know
• Federal Investigation of Alabama's State Prisons
• Steps to Take if You Are Falsely Accused of a Crime
• The Gunn Case in Montgomery