Federal Crimes

Federal Criminal Defense Lawyers in Wisconsin

Strategic Representation During Federal Investigations and Prosecutions

Being contacted by federal agents, receiving a grand jury subpoena, or learning that you are under federal investigation can be overwhelming. You may be concerned about your freedom, reputation, career, professional license, finances, or family. Federal criminal matters can involve multiple law-enforcement agencies, extensive digital and forensic evidence, grand jury proceedings, and court procedures that differ significantly from those used in Wisconsin state courts.

West & Dunn provides client-focused, strategic representation to individuals facing federal investigations and criminal charges in Wisconsin. Our attorneys take the time to understand the facts, evaluate the government’s evidence, identify potential defenses, and develop a strategy tailored to your circumstances and goals.

You do not need to wait until you have been arrested or indicted. You should contact an attorney promptly if federal agents have requested an interview, served you with a subpoena or search warrant, arrested you, or notified you that criminal charges may be filed.

Contact West & Dunn to request a consultation with a Wisconsin federal criminal defense attorney.

What Makes a Federal Criminal Case Different?

A federal criminal case involves an alleged violation of federal law and is generally prosecuted by the United States Attorney’s Office. Federal investigations may be conducted by agencies such as the FBI, Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Homeland Security Investigations (HSI), United States Secret Service, and United States Marshals Service, often working alongside state and local task forces.

Federal cases also frequently involve a grand jury. The prosecutor presents evidence to the grand jury, which determines whether there is probable cause to issue an indictment. The grand jury may also issue subpoenas requiring individuals or organizations to provide testimony, documents, electronic records, or other evidence.

Federal criminal cases arising in Wisconsin are generally handled in one of two federal districts:

• The Eastern District of Wisconsin, with courthouses in Milwaukee and Green Bay
• The Western District of Wisconsin, with its courthouse in Madison

The appropriate district generally depends on where the alleged conduct occurred and whether federal jurisdiction and venue exist there.

Because federal prosecutors may have substantial investigative resources and may begin gathering evidence long before charges are filed, early legal representation can be especially important.

What Is Considered a Federal Crime?

Federal charges do not simply mean that the government considers an offense especially serious. They mean that prosecutors believe the conduct violates a law enacted by Congress.

A matter may fall under federal jurisdiction because it involves interstate activity, federal property, controlled substances, firearms, electronic communications, or another area governed by federal law. Conduct initially investigated as a Wisconsin criminal offense can sometimes result in federal charges when a federal agency or task force becomes involved.

Federal Crimes We Defend

West & Dunn represents clients accused of a range of federal criminal offenses, including the following.

Federal Drug Crimes

Federal drug cases may involve allegations of trafficking, distribution, manufacturing, possession with intent to distribute, or conspiracy. Federal prosecutors may become involved because of the quantity of drugs alleged, interstate activity, a DEA or task-force investigation, or participation in a larger alleged drug-trafficking organization. These prosecutions can carry significant penalties, including mandatory minimum sentences in some circumstances, and are frequently built on controlled buys, confidential informants, surveillance, and wiretaps.

Federal Firearms and Weapons Charges

Federal firearms prosecutions may involve felon in possession of a firearm, armed career criminal (ACCA) enhancements, possession of a firearm in furtherance of a drug or violent crime under 18 U.S.C. § 924(c), unlawful possession or transfer of certain firearms, or other violations of federal firearms law. The ATF frequently investigates these cases, sometimes working with Wisconsin law-enforcement agencies.

Federal Conspiracy Charges

Federal prosecutors frequently use conspiracy charges when they allege that multiple people agreed to participate in criminal activity. A person accused of conspiracy does not necessarily have to be alleged to have personally committed every act involved in the underlying offense. These cases can involve complicated questions about what a defendant knew, intended, agreed to, and actually did.

Federal Violent Crimes

Some robberies, carjackings, Hobbs Act robberies, assaults, and other violent offenses can be prosecuted federally depending on the circumstances, location, alleged conduct, or connection to another federal offense.

Federal Internet and Computer Crimes

Federal jurisdiction can arise in cases involving computers, electronic communications, online activity, or interstate communications. These cases often involve substantial digital evidence obtained from computers, phones, online accounts, and service providers, and early review of that evidence can be important.

Federal Sex and Child Exploitation Offenses

Federal authorities investigate and prosecute certain offenses involving child sexual abuse material, online enticement, exploitation, and other internet-related sexual offenses. These charges can carry severe penalties and significant collateral consequences, and early investigation of the government’s digital evidence can be particularly important.

Obstruction and False Statement Charges

Federal law criminalizes certain conduct intended to obstruct investigations or judicial proceedings, as well as knowingly making materially false statements in matters within federal jurisdiction. People contacted during a federal investigation should be cautious about making statements before understanding their legal position and obtaining advice from an attorney.

Other Federal Criminal Charges

Federal criminal jurisdiction covers many offenses. If you have been contacted by a federal agency or charged with a federal crime that is not listed above, contact West & Dunn to discuss whether our federal criminal defense attorneys can assist you.

Federal Criminal Cases in Wisconsin

Federal criminal cases in Wisconsin are generally prosecuted in one of two federal judicial districts.

Eastern District of Wisconsin Federal Criminal Defense

The United States District Court for the Eastern District of Wisconsin hears federal criminal cases in Milwaukee and Green Bay. The Eastern District covers much of eastern Wisconsin and includes many of the state’s largest population centers. Federal investigations in the district may involve the FBI, DEA, ATF, HSI, and federal, state, and local task forces. West & Dunn represents clients in federal criminal matters arising in the Eastern District of Wisconsin.

Western District of Wisconsin Federal Criminal Defense

The United States District Court for the Western District of Wisconsin is located in Madison and hears federal criminal cases arising throughout western Wisconsin. West & Dunn also represents clients in federal criminal matters arising in the Western District of Wisconsin.

The appropriate federal district generally depends on where the alleged offense occurred and where federal venue is legally proper.

When Should You Contact a Federal Criminal Defense Attorney?

Federal investigations often begin long before charges are filed. In many matters, an attorney can become involved while the government is still investigating and before prosecutors make a final charging decision.

Consider contacting an attorney immediately when:

• A federal agent asks to interview you
• You receive a target, subject, or witness letter
• You are served with a grand jury subpoena
• Your home, business, vehicle, computer, or phone is searched
• Federal agents seize property or electronic devices
• Your employer or business receives a request for records
• You learn that another person is cooperating with investigators
• A state or local investigation begins involving federal agencies
• A criminal complaint or indictment is filed
• You are arrested on a federal warrant

An attorney may be able to communicate with investigators and prosecutors on your behalf, clarify your status when possible, help you respond appropriately to subpoenas, protect privileged information, preserve favorable evidence, and advise you before you make statements that could affect the case.

What Is the Difference Between a Witness, Subject, and Target?

These terms can provide important information about how federal prosecutors currently view your role in an investigation.

A witness may have information that investigators believe is relevant to the matter.

A subject is someone whose conduct falls within the scope of a federal grand jury investigation.

A target is someone whom prosecutors or the grand jury believe is linked by substantial evidence to a federal crime and whom prosecutors view as a potential defendant.

Your status can change as an investigation develops. Being described as a witness does not necessarily mean there is no risk, particularly when your own conduct may be discussed. Before agreeing to an interview, providing records, or testifying before a grand jury, speak with an attorney who represents your interests.

What Happens During a Federal Criminal Case?

Every case is different, and some cases may be resolved before all of these stages occur. A federal criminal matter generally involves several of the following steps. For a closer look at how a case moves through the system, see our overview of the life of a felony case.

Federal Investigation

Federal agents and prosecutors gather evidence through surveillance, controlled purchases, confidential informants, wiretaps, search warrants, device extractions, forensic analysis, subpoenas, and cooperating witnesses. An investigation may remain confidential for an extended period. In some cases, the first indication that a person is under investigation may be a request for an interview, execution of a search warrant, receipt of a subpoena, or arrest.

Criminal Complaint or Indictment

Charges may initially be brought through a criminal complaint. In most federal felony prosecutions, the government seeks an indictment from a grand jury. An indictment contains allegations, not a determination of guilt. The government remains responsible for proving every required element of an offense beyond a reasonable doubt.

Initial Appearance and Detention Proceedings

After an arrest, the defendant is brought before a federal magistrate judge. The judge advises the defendant of the charges and legal rights, addresses representation by counsel, and considers whether the defendant will be released or detained while the case is pending. Release may include conditions such as travel restrictions, reporting to pretrial services, electronic monitoring, drug testing, or limitations on contact with particular individuals.

Arraignment

At the arraignment, the defendant is formally advised of the charges and enters a plea. A not-guilty plea allows the case to proceed to the pretrial stage while the defense reviews the government’s evidence and evaluates legal challenges.

Discovery and Pretrial Motions

The defense reviews the government’s evidence, which may include reports, recordings, surveillance, lab and forensic testing, photographs, witness statements, and data extracted from phones and computers. Depending on the facts, the defense may file motions challenging:

• The legality of a search or seizure
• Statements made during questioning
• The sufficiency of the indictment
• Federal jurisdiction or venue
• Identification procedures
• The admissibility of expert testimony
• The government’s compliance with its disclosure obligations

Negotiation or Trial

Some federal cases are resolved through dismissal, a negotiated agreement, or a guilty plea. Others proceed to trial. The decision whether to plead guilty or proceed to trial belongs to the client. A federal criminal defense attorney should explain the government’s evidence, available defenses, possible sentencing exposure, and the risks and benefits of each option so the client can make an informed decision.

At trial, the government must prove the charges beyond a reasonable doubt. The defense may challenge the reliability of witnesses, the meaning of documents or communications, the legality of the investigation, and whether the evidence establishes each element of the alleged offense.

Sentencing

If there is a conviction or guilty plea, the United States Probation Office generally prepares a presentence investigation report. The report may address the alleged conduct, criminal history, personal background, victim impact, and other information relevant to sentencing. Federal courts calculate an advisory sentencing-guideline range based primarily on the offense level and the defendant’s criminal-history category. The guidelines are not mandatory, but federal judges must consult and consider them along with the applicable statutes and other sentencing factors.

Effective representation during sentencing may include challenging guideline calculations, correcting inaccurate information, presenting mitigating evidence, documenting treatment or rehabilitation, addressing restitution, and advocating for an appropriate sentence.

How Can a Federal Criminal Defense Lawyer Help?

Federal criminal defense involves more than appearing in court. Depending on the stage and circumstances of the matter, an attorney may:

• Communicate with federal agents and prosecutors
• Determine whether you are viewed as a witness, subject, or target
• Prepare you for an interview or advise against participating
• Help respond to subpoenas and document requests
• Protect attorney-client and other applicable privileges
• Conduct an independent investigation
• Preserve electronic, forensic, and witness evidence
• Review search warrants, affidavits, and seizure procedures
• Challenge unlawfully obtained evidence or statements
• Analyze the elements of each alleged offense
• Review digital, forensic, and technical evidence
• Retain appropriate experts or investigators
• Negotiate with the United States Attorney’s Office
• Prepare the case for trial
• Present mitigation and challenge sentencing calculations

The appropriate strategy depends on the facts. No attorney should assume that every federal case requires the same approach.

What Should You Do If Federal Agents Contact You?

Remain calm and respectful, but do not feel pressured to answer questions immediately. You generally may decline a voluntary interview and state that you want to speak with an attorney before answering questions. Do not lie, guess, speculate, or attempt to talk your way out of the situation, because making a false statement to federal investigators can itself create serious legal problems.

If agents present a search warrant, do not physically interfere with the search. Ask for a copy of the warrant and an inventory of anything taken, and contact an attorney as soon as you are permitted to do so.

Do not destroy, delete, conceal, or alter documents, messages, files, or other potential evidence. Do not ask anyone else to change records or coordinate an account of what occurred.

Avoid discussing the investigation through text messages, email, social media, or with anyone other than your attorney. Statements made to friends, family members, coworkers, or business partners may not be protected by attorney-client privilege.

Why Choose West & Dunn for Federal Criminal Defense?

Federal court is its own arena. The prosecutors, the procedures, and the sentencing rules are different from Wisconsin state court, and the government often spends months or years building a case before it files a single charge. When your freedom is on the line, it matters that your attorney actually practices in that arena.

Patrick R. Campbell is the West & Dunn attorney who handles federal criminal defense. A former state prosecutor, he understands how the government builds and charges a case, and he uses that insight on the defense side. He has defended serious federal matters, including drug-conspiracy cases, and he knows where a federal case can be challenged, from the legality of a search or a statement to the calculation of a sentencing-guideline range. In one federal armed robbery case in the Eastern District of Wisconsin, he won a motion to suppress the government’s evidence. Behind him is a criminal defense team that has handled matters at the municipal, state, and federal levels.

We tell you the truth about your exposure, we move early rather than waiting for charges to be filed, and we build the defense around your circumstances and goals instead of a template. Whether federal agents have just contacted you or you have already been indicted, we make sure you understand what is happening, what the government must prove, and what your options are.

Prior results do not guarantee a similar outcome. Every case depends on its own facts.

Frequently Asked Questions About Federal Criminal Defense

Does a federal investigation mean that I have been charged?

No. An investigation can take place before prosecutors decide whether to file charges. However, the investigation stage can be consequential because statements, interviews, document productions, and other early decisions may affect what happens next.

Do I have to speak with federal investigators?

You generally do not have to participate in a voluntary interview. A subpoena or court order creates different legal obligations and should not be ignored. Speak with an attorney before responding so you understand your rights and responsibilities.

What is a federal target letter?

A target letter generally informs someone that federal prosecutors consider that person a target of a federal investigation. Receiving one is a serious development. You should consider contacting a federal criminal defense attorney before communicating with investigators or prosecutors.

What should I do with a grand jury subpoena?

Preserve the requested materials and contact an attorney immediately. Do not destroy or alter anything. An attorney can review the subpoena, communicate with the prosecutor, determine whether objections or privilege issues exist, and help you prepare an appropriate response. Grand jury subpoenas are governed by federal criminal procedure, and failure to comply without an adequate legal excuse may result in contempt proceedings.

Can Wisconsin and federal authorities investigate the same conduct?

Yes. Some investigations involve federal, state, and local agencies working together, and conduct can potentially violate both Wisconsin and federal criminal laws. The involvement of a federal agency or task force can indicate that federal charges are being considered even when an investigation began locally.

Are the Federal Sentencing Guidelines mandatory?

No. The guidelines are advisory rather than mandatory. However, the court must calculate and consider the applicable guideline range, and that calculation often plays an important role in federal sentencing. The range generally considers the seriousness of the offense, specific offense characteristics, adjustments, and criminal history.

Where are federal criminal cases heard in Wisconsin?

Cases in the Eastern District of Wisconsin are generally heard in Milwaukee or Green Bay. Cases in the Western District of Wisconsin are heard in Madison. The location depends primarily on where the alleged federal offense occurred and where venue is legally appropriate.

Can a federal criminal charge be dismissed?

A dismissal may be possible in some cases, but it depends on the facts and law. Potential issues can include insufficient allegations, lack of federal jurisdiction, improper venue, unconstitutional searches, unlawfully obtained statements, discovery violations, or insufficient evidence. No particular result can be promised.

How serious are federal criminal charges?

Federal criminal charges can carry substantial consequences, including imprisonment, fines, supervised release, restitution, forfeiture, and other collateral consequences depending on the offense. The potential penalties vary significantly based on the particular statute, facts of the case, criminal history, and other factors.

Speak With a Wisconsin Federal Criminal Defense Attorney

A federal investigation may have been underway for months before you learn about it. Once agents contact you or charges are filed, the decisions you make can have lasting consequences.

Contact West & Dunn promptly if you:

• Have been contacted by the FBI or another federal agency
• Received a target letter or grand jury subpoena
• Were served with a search warrant
• Learned that federal charges may be filed
• Were arrested or indicted for a federal offense

Our criminal defense attorneys can review your circumstances, explain the federal process, and help you determine the next appropriate step.

Call West & Dunn or contact us online to request your consultation.