LEGAL INFORMATION NOTICE: This checklist provides general educational information only. It is not legal advice, does not create an attorney-client relationship, and does not determine how federal criminal law applies to any individual case. Federal criminal procedure is highly technical and time-sensitive. If you are under investigation, charged, arrested, or facing a federal proceeding, consult qualified federal criminal-defense counsel immediately.

“Federal criminal defense isn’t simply ‘criminal defense at a higher level.’ The system, agencies, procedures, and consequences can be substantially different.”

1. Federal criminal cases involve federal law and federal procedure.
2. Federal investigations can involve multiple agencies.
3. An investigation can exist before formal charges.
4. Grand-jury activity can create different strategic considerations.
5. Federal prosecutors have substantial resources.
6. Federal cases can involve extensive documentary evidence.
7. Electronic evidence can become significant.
8. Financial records can become significant.
9. Expert witnesses may be required.
10. Multi-defendant cases can create strategic complications.
11. Co-defendant interests can diverge.
12. Cooperation decisions require careful legal analysis.
13. Plea agreements require careful review.
14. Sentencing consequences can be highly consequential.
15. Federal sentencing rules and practices require specialized knowledge.
16. Asset forfeiture can sometimes become an additional issue.
17. Immigration consequences can matter for some defendants.
18. Professional licensing consequences may matter.
19. Publicity and reputation can have economic consequences.
20. Federal court deadlines should never be assumed.
21. A lawyer with general criminal experience may not have substantial federal experience.
22. The person negotiating the case should be clearly identified.
23. A lawyer cannot guarantee a federal outcome.
24. Eligible defendants who cannot afford counsel may have access to appointed counsel under federal law.
25. The key question is: “Does this lawyer have the specific federal experience required by the risks of my case?”

---

C. PREMIUM BUYER CHECKLIST

FEDERAL CASE PROFILE

☐ District identified
☐ Charges identified
☐ Investigation vs. prosecution status
☐ Court documents
☐ Deadlines
☐ Agencies involved
☐ Co-defendants
☐ Potential forfeiture issues

LAWYER

☐ Federal criminal experience
☐ Relevant district experience
☐ Similar-case experience
☐ Trial experience
☐ Sentencing experience
☐ Investigation experience
☐ Negotiation experience

CASE RESOURCES

☐ Investigators
☐ Forensic specialists
☐ Financial experts
☐ Digital-forensics specialists
☐ Expert witnesses

COST

☐ Retainer
☐ Included services
☐ Investigation costs
☐ Experts
☐ Trial
☐ Sentencing
☐ Appeals

RIGHT-TO-COUNSEL CHECK

☐ Understand private-counsel option
☐ Understand eligibility for appointed counsel where applicable
☐ Understand scope of appointed representation
☐ Understand how expenses are handled

The federal judiciary states that the Sixth Amendment guarantees counsel in serious federal criminal prosecutions and that the Criminal Justice Act provides mechanisms for representation for eligible defendants unable to afford counsel.

FINAL QUESTION

If this case becomes significantly more complex than expected, does my defense team have the resources and federal experience to handle it?