The Fappening Top
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An Axis Legal Authority Resource

Federal criminal defense law, explained in plain English.

Federal investigations, white-collar charges, grand juries, sentencing, and defense strategy — what the law actually says and what actually happens, written and edited by a former federal prosecutor.

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Federal courtroom

Start here if it just happened

First steps

Federal agents contacted me — what now?

What to say (and not say), what a target letter means, and the first 48 hours that shape a case.
Proof

How federal cases actually resolve

Dismissals, pleas, cooperations, and trials — real outcomes and what drove them.
Authority

Why a former prosecutor writes this

Decades inside federal investigations — now explaining them from the defense side.

Core legal guides

The federal investigation process, step by step White-collar crime charges in federal court How the Federal Sentencing Guidelines actually work Federal asset forfeiture — and how to fight back Federal criminal appeals — deadlines and what can be won Conspiracy charges under 18 U.S.C. § 371 Wire fraud under 18 U.S.C. § 1343 Federal tax crimes and IRS criminal investigations Federal drug charges and mandatory minimums Federal cybercrime charges

Common questions

What should I do first if federal agents contact me?

Say nothing substantive and get counsel before any interview. Agents are trained to turn statements into evidence — and even a true answer can become a false-statement charge under 18 U.S.C. § 1001. Ask for a lawyer, decline politely, and call defense counsel the same day.

How is federal court different from state court?

Federal cases are built by agencies like the FBI, DEA, IRS-CI, and HSI — often investigated for months before an arrest — prosecuted by U.S. Attorneys, and sentenced under the U.S. Sentencing Guidelines. Grand jury secrecy, broader conspiracy and forfeiture statutes, and no parole make federal defense its own discipline.

What is the federal grand jury and should I testify before one?

A grand jury decides whether there's probable cause to indict. Proceedings are secret, the prosecutor runs the room, and there is no judge or defense attorney inside. Voluntary testimony without negotiated immunity is rarely wise — every word is recorded and usable at trial.

How does federal sentencing actually work?

The Guidelines compute a range from offense level and criminal history; judges then weigh the § 3553(a) factors. Cooperation (5K1.1), acceptance of responsibility, and disputes over loss amounts or relevant conduct routinely move sentences by years — sentencing is where many federal cases are truly won.

Can federal charges be dismissed before trial?

Yes — suppression of illegally obtained evidence, motions against defective indictments, and statute-of-limitations or jurisdictional challenges all end cases early. Most federal cases resolve by plea, but early motion practice changes the leverage on every negotiation.

John D. Kirby

Who writes this

The Fappening Top is an Axis legal authority resource edited by John D. Kirby, a former U.S. federal prosecutor. Every guide is written to one standard: what the law actually says, in language a non-lawyer can use. About this resource →