Politely decline to speak without an attorney present. Say "I want to exercise my right to remain silent and speak with a lawyer." This applies whether it';s FBI, DEA, IRS, ATF, Homeland Security, or SEC agents. Never lie or provide false information, but you're not required to answer questions. Contact a federal criminal defense attorney immediately.

Signs include federal agents (FBI, DEA, IRS, ATF, Homeland Security, SEC) contacting you or associates, subpoenas for documents or testimony, frozen bank accounts, search warrants at your home or business, or friends/colleagues mentioning they've been questioned about you. Federal investigations often happen quietly for months before charges. If you think that you are under investigation, you should contact a federal criminal defense attorney. At the Mendelsohn Ertel Law Group, we work proactively in these situations to keep an investigation from turning into criminal charges.

Being contacted means agents want to question you but haven't charged you yet. You're free to leave and can refuse to talk. Being arrested means you're in custody and have been formally charged. If arrested, immediately request an attorney and don't discuss your case with anyone.

Generally, no. Federal agents need a search warrant signed by a judge unless there are emergency circumstances like immediate danger or evidence destruction. You can ask to see the warrant and should not consent to searches. Contact an attorney immediately if your property is searched.

Federal crimes typically involve interstate commerce, federal agencies, federal property, or crossing state lines. Examples include drug trafficking, bank fraud, tax evasion, mail fraud, wire fraud, and crimes on federal property. Federal penalties are usually more severe than state charges.

Federal courts follow stricter sentencing guidelines with mandatory minimums for many crimes. Federal judges have less discretion than state judges. Federal crimes often carry enhanced penalties, and federal prosecutors tend to pursue maximum sentences.

Yes, this is called "dual sovereignty." The same conduct can violate both federal and state laws. However, most prosecutors coordinate to avoid double prosecution. If convicted in both systems, sentences typically run concurrently rather than consecutively, though this isn't guaranteed.

You'll appear before a federal magistrate judge who reads the charges against you. You'll enter a plea (usually "not guilty"). The judge will address bail/detention and set future court dates. This typically happens within 72 hours of arrest. Having an attorney present is crucial for this hearing.

Most federal cases take 12-24 months from indictment to resolution. Complex white-collar cases can take 2-4 years. The Speedy Trial Act requires federal cases to go to trial within 70 days, but most cases involve extensions for preparation. Plea negotiations can happen anytime during this process.

If the judge determines you're a flight risk or danger to the community, you'll be held in federal custody until trial. Factors that the judge consider include crime severity, criminal history, community ties, and flight risk. An experienced attorney is essential for bail hearings.

The judge considers federal sentencing guidelines, your criminal history, case facts, and impact statements. Your attorney can present mitigation evidence. Sentences can include probation, home confinement, prison time, supervised release, fines, and restitution. The sentencing judge has the freedom to impose almost any sentence allowed by law, but must consider mandatory minimums for certain crimes.

Conspiracy means agreeing with others to commit a crime. A drug conspiracy is an agreement to distribute drugs. Joining in the agreement is the crime, so you can be guilty even if you never handled drugs directly. The DEA and FBI investigate these cases. Federal prosecutors must prove you knowingly joined the conspiracy. Penalties depend on drug type and quantity involved in the conspiracy.

Very serious. Tax evasion is a felony punishable by up to 5 years in prison and $250,000 in fines per count. The IRS Criminal Investigation Division handles these cases. The government must prove you owed taxes, knew you owed them, and willfully tried to evade payment through deception or concealment.

Federal fraud involves intentionally deceiving someone for financial gain using interstate commerce, mail, wire communications, or federal programs. FBI and other agencies investigate fraud cases. Common types include wire fraud, mail fraud, bank fraud, healthcare fraud, and securities fraud. Penalties include up to 20 years in prison.

Money laundering involves disguising the source of illegally obtained money to make it appear legitimate. This includes moving money through banks, businesses, or other financial institutions. Multiple agencies investigate money laundering, often in connection with other crimes. Charges carry up to 20 years in prison.

Federal gun charges include illegal possession by prohibited persons, unlicensed dealing, possession during drug crimes, and trafficking across state lines. ATF typically investigates these cases. Penalties can be as low as probation for lying on a firearms form when purchasing it to life imprisonment for using firearms in violent crimes or drug trafficking.

Immigration fraud includes document fraud, marriage fraud, visa fraud, and human trafficking. Homeland Security Investigations (HSI) handles these cases. Penalties can include prison and substantial fines. Even legal immigrants can face serious consequences including loss of status.

Cybercrime includes computer fraud, identity theft, hacking, online fraud, and child exploitation. The Secret Service and FBI's Cyber Division investigates these cases. The Computer Fraud and Abuse Act covers most federal computer crimes. Penalties depend on damage caused and can include decades in prison for serious offenses.

Securities fraud involves deceiving investors or manipulating financial markets. SEC and FBI investigate these cases together. Common violations include insider trading, Ponzi schemes, and false financial statements. Penalties can include 20+ years in prison, massive fines, and lifetime bans from financial industries.

These include smuggling, customs fraud, trade violations, and export control violations. Homeland Security, Customs and Border Protection, the FBI, and other agencies investigate. Violations can result in significant prison time, forfeiture of goods, and substantial civil penalties affecting business operations.

Public corruption includes bribery, extortion, fraud by public officials, and election crimes. FBI's Public Corruption Unit handles these cases. Charges often include honest services fraud, conspiracy, and RICO violations. Public officials face enhanced penalties and loss of pension benefits upon conviction.

Not necessarily. Some federal crimes allow for probation, home confinement, or community service, especially for first-time offenders. Factors include crime severity, criminal history, cooperation with authorities, and mitigation evidence. An experienced attorney can often argue for alternatives to prison time. Most clients of The Mendelsohn Ertel Law Group who have been sentenced have received sentences below the sentence called for by the federal sentencing guidelines. You must understand, however, that every case is different and there are no guarantees about the result as the decision is up to the judge.

Federal supervised release is like probation after prison. Most federal sentences include 1-5 years of supervised release following imprisonment. You'll report to a probation officer, follow conditions like drug testing and travel restrictions. Violating supervised release can result in additional prison time.

Guidelines calculate recommended sentences based on offense severity and criminal history. They create a grid with sentencing ranges. While guidelines haven't been mandatory since 2005, judges still consider them heavily. An experienced attorney can argue for departures below the guideline range.

When the FBI, DEA, IRS, ATF, Homeland Security, or SEC investigate together, it usually means a complex case with multiple potential charges. Joint investigations often result in more severe penalties. You need an attorney experienced in multi-agency cases who understands how different agencies work together and build cases.

Federal defenders are public defenders who are appointed to represent defendants in federal court who cannot afford to hire an attorney. Because they are appointed, you do not get to choose your attorney. On the other hand, you select and pay the costs of a private attorney. Both can provide excellent representation. The choice often depends on your financial situation, case complexity, and how you mesh with the individual attorney.

Yes, but timing matters. Early changes are easier than changes close to trial. Your new attorney will need time to prepare. However, if you're not comfortable with your current representation, it's better to change than proceed with someone you don't trust.

The most important thing in a federal case is to have an attorney who specializes in federal criminal cases. Most criminal defense lawyers do state cases and only go to federal court occasionally. Having a state lawyer in federal court is a recipe for disaster. Federal criminal cases are more serious, the law is different, and the practice requires specialized knowledge. At the Mendelsohn Ertel Law Group, we are federal criminal defense lawyers and that is all we do.

This decision requires careful consideration with your attorney. Cooperation can reduce sentences but carries risks including safety concerns and uncertain benefits. Never make cooperation decisions without experienced counsel. The timing and extent of cooperation can dramatically impact outcomes, so strategic guidance is essential.

A plea agreement is a deal where you plead guilty in exchange for reduced charges or sentencing recommendations. Federal plea agreements are detailed contracts outlining your obligations and the government's promises. Most federal cases resolve through plea agreements rather than trials, making negotiation skills crucial.

Yes, through various legal motions challenging evidence, procedures, or constitutional violations. Common dismissal grounds include illegal searches, Miranda violations, prosecutorial misconduct, or insufficient evidence. However, federal cases are typically well-prepared, so dismissals require skilled legal arguments and thorough case analysis.

You should always consider going to trial. Sometimes that is the best action, especially when the evidence is weak, the government's plea offer is unreasonable, or you have strong defenses. Trial decisions require careful risk assessment. Factors include strength of evidence, potential sentence difference, and your risk tolerance. You often hear that the Federal conviction rate is over 90 percent. That figure includes all the cases that end with guilty pleas. At the Mendelsohn Ertel Law Group, when we go to trial, we have a high winning percentage because we know the facts and the law and are ready to fight.

Federal agencies can seize property they believe was used in or derived from criminal activity. This includes cash, vehicles, real estate, and business assets. You have rights to challenge seizures through civil forfeiture proceedings. Time limits apply, so contact an attorney immediately to protect your property rights.

If you know charges are coming, an attorney may be able to arrange for you to voluntarily surrender. This avoids having federal agents come out and arresting you. However, timing is crucial and you need to work with an attorney early. Your attorney should coordinate surrender to maximize strategic benefits while protecting your constitutional rights throughout the process.

We focus exclusively on federal criminal defense. Brian Mendelsohn spent 28 years inside the Federal Defender Program as First Assistant, supervising 27 attorneys. Jeffrey Ertel has over 30 years of federal experience and has handled cases across the country. We've handled thousands of federal cases and know exactly how federal prosecutors think and operate.

Most criminal attorneys handle state cases with occasional federal work. We're the opposite—federal criminal defense is all we do. We don't handle divorces, DUIs, or state crimes. When your freedom depends on understanding federal law, procedures, and prosecutors, you need attorneys who live and breathe federal court every day.

Our offices are located in Atlanta and we primarily handle federal cases in Georgia. However, we are able to handle federal cases in all fifty states.

Brian Mendelsohn has won more federal criminal trials than most attorneys in Georgia have even tried. Combined, our attorneys have over 60 years of federal criminal defense experience. We've handled everything from simple drug cases to complex white-collar prosecutions and death penalty cases.

Federal judges have praised our work in court. One judge told Brian's client: "You've got a friend sitting next to you... this guy has gone to bat for you every step of the way... That's a true professional. That's a true defender." Another judge called Jeffrey "one of the top lawyers in the State." Our consistent positive results for our clients show that federal judges respect our work.

Yes, we provide free initial consultations to discuss your case and explain your options. We understand that facing federal charges is overwhelming, and we want you to make an informed decision about representation. During consultation, we'll evaluate your case and explain exactly how we can help protect your rights and future.

We understand federal cases are expensive and offer flexible payment arrangements including payment plans. We discuss fees upfront with no surprises. Given that federal convictions often mean years in prison, investing in experienced federal defense counsel is one of the most important decisions you'll ever make for your future.

Brian Mendelsohn and Jeffrey Ertel personally handle all cases. We don't pass clients off to junior associates or recent law school graduates. When you hire our firm, you get attorneys with decades of federal experience who will personally fight for you throughout your case.

Immediately. Federal cases move fast, and early intervention is crucial. We can often meet with you within 24 hours and begin working on your case right away. If you're under investigation, we can contact federal agents and prosecutors to protect your rights before charges are even filed.

Bring any documents you have including subpoenas, search warrants, agent business cards, or court papers. Also bring a list of dates and events you remember. Most importantly, don't discuss your case with anyone before meeting with us—everything you tell us is confidential and protected by attorney-client privilege.