A federal charge changes almost everything about how a case works, and most people do not realize how much changes until they are already in it. Federal prosecutors, federal judges, and federal sentencing rules replace the state system entirely, often within days of an arrest.
The Law Offices of Richard C. McConathy has defended more than 6,000 criminal cases across Texas over more than 35 years, and Richard C. McConathy personally handles federal charges from the first court appearance through trial or sentencing.
You work directly with him, not a case manager, and our firm takes calls related to a federal arrest 24 hours a day.
Call (972) 233-5700 to speak to our firm about the federal charge you are facing.
How Do We Defend Federal Charges in Texas?
We build a defense around the specific federal statute charged, the agency that investigated the case, and whether the evidence holds up to a suppression challenge before trial ever starts. Federal cases move on a faster, more rigid timeline than state cases, and early decisions carry more weight.
Federal Cases Get Personal Attention From Day One
Richard C. McConathy has handled more than 6,000 criminal cases across Texas, with more than 1,000 resulting in a dismissal, and he stays personally involved in every federal case our firm takes on. You speak with him directly, not a paralegal relaying updates.
Our firm answers calls related to a federal arrest, a search warrant, or a grand jury subpoena 24 hours a day, since federal agents often make contact before a person even knows an investigation exists.
What Federal Charges Does Our Firm Handle in Texas?
Our firm defends federal charges connected to firearms, drug trafficking, and fraud statutes across every Texas federal district. These charges carry higher stakes than state charges because federal statutes set longer sentencing ranges and stricter enforcement standards.
Federal prosecutors in Texas bring these charges often enough that the penalty structure is worth knowing before a first court date. The table below lists five charge categories our firm regularly defends. It also shows the statute behind each charge and the maximum sentence that statute allows.
| Charge Type | Governing Statute | Maximum Sentence |
| Felon in Possession of a Firearm | 18 U.S.C. § 922(g) | Up to 15 years |
| Federal Drug Trafficking | 21 U.S.C. § 841 | 5 years to life, depending on drug type and quantity |
| Wire Fraud | 18 U.S.C. § 1343 | Up to 20 years, up to 30 years if a bank is involved |
| Bank Fraud | 18 U.S.C. § 1344 | Up to 30 years |
| Health Care Fraud | 18 U.S.C. § 1347 | Up to 10 years, up to 20 if a patient is seriously injured, up to life if a patient dies |
These numbers mark the outer limit a judge might impose, not a required outcome. The Federal Sentencing Guidelines, a defendant's criminal history, and the specific facts of the case shape where a sentence lands within that range.
What Makes a Charge Federal Instead of State in Texas?
A charge becomes federal in Texas when the conduct violates a federal statute, crosses state lines, involves a federal agency, or affects federal property or funds. State prosecutors handle most Texas Penal Code violations, while federal prosecutors, called Assistant United States Attorneys, handle violations of federal law.
Federal Agencies That Investigate Crimes in Texas
Several federal agencies investigate crimes independently of local police, and the agency involved often signals what kind of case you are facing. Common agencies include:
- The Federal Bureau of Investigation (FBI) investigates violent crime, public corruption, and cyber offenses.
- The Drug Enforcement Administration (DEA) investigates drug trafficking and distribution networks.
- The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) investigates firearms and explosives offenses.
- The Internal Revenue Service Criminal Investigation division (IRS-CI) investigates tax fraud and money laundering.
- Homeland Security Investigations (HSI) investigates cross-border smuggling and human trafficking.
Which Federal Court Handles Cases in Texas?
Texas has four federal districts, and which one handles a case depends on where the alleged offense happened, not where the accused lives.
The Four Federal Districts in Texas
The table below breaks down each district and the major cities it covers.
| Federal District | Major Cities Covered | Main Courthouse |
| Northern District of Texas | Dallas, Fort Worth, Denton, Lubbock, Amarillo | Dallas |
| Eastern District of Texas | Sherman, Plano, McKinney, Tyler, Texarkana | Sherman |
| Southern District of Texas | Houston, Corpus Christi, Brownsville, McAllen | Houston |
| Western District of Texas | Austin, San Antonio, El Paso, Waco | San Antonio |
Most federal cases tied to Dallas, Fort Worth, Denton, and the Collin County cities move through the Northern or Eastern District of Texas, each with its own judges, local rules, and prosecution patterns.
Can You Get Bail on Federal Charges in Texas?
Yes, bail is available on many federal charges in Texas, but the Bail Reform Act creates a presumption against release for certain offenses, including major drug trafficking and crimes of violence.
What Judges Consider Before Releasing You
A federal judge weighs several specific factors before deciding whether to release someone before trial. These factors include:
- The nature of the offense charged, including whether it involved violence, firearms, or a minor victim.
- The weight of the evidence against the accused.
- The accused's ties to the community, employment history, and family connections.
- Any past criminal record or history of failing to appear in court.
A presumption of detention is not a final decision, and presenting the right evidence at a detention hearing changes the outcome in cases that look unwinnable on paper.
How Are Federal Sentences Different From Texas State Sentences?
Federal sentences differ from Texas state sentences in three major ways: sentencing guidelines instead of fixed ranges, no possibility of parole, and mandatory minimum sentences for certain offenses.
Key Differences Between Federal and Texas State Sentencing
Several structural differences separate a federal sentence from a Texas state sentence, even when the underlying conduct looks similar. These differences include:
- Federal judges use advisory sentencing guidelines from the United States Sentencing Commission instead of a fixed statutory range.
- Federal inmates serve their full sentence with no possibility of parole.
- Federal law allows up to 54 days of good conduct credit per year of the sentence imposed.
- Certain federal drug and firearm offenses carry mandatory minimum sentences a judge must impose regardless of mitigating circumstances.
These differences mean two people convicted of similar conduct in state and federal court often serve very different amounts of actual time, which makes the choice of forum one of the most consequential decisions in the entire case.
What Defenses Apply to Federal Charges in Texas?
Several defenses apply to federal charges in Texas, and many focus on the way evidence was gathered rather than the underlying conduct itself.
Common Defenses to Federal Charges in Texas
A defense attorney reviewing a federal case looks at a distinct set of issues shaped by federal rules of evidence and procedure. These include:
- A motion to suppress may apply if agents obtained evidence through an unlawful search or seizure.
- The government must prove every element of the federal statute beyond a reasonable doubt.
- Cooperation agreements with co-defendants may create testimony that conflicts with the physical evidence.
- Sentencing mitigation evidence may reduce the guideline range even after a conviction or plea.
Federal cases give the defense fewer chances to challenge evidence after trial begins, which makes pretrial motions one of the most important stages in the entire case.
What Happens After a Federal Arrest or Indictment in Texas?
A federal arrest in Texas leads to an initial appearance, a detention hearing, and an arraignment, usually within days of the arrest itself.
From Indictment to Trial or Plea
Federal cases move through a distinct sequence of steps once a grand jury returns an indictment. The process includes:
- A grand jury reviews evidence and decides whether to indict, often without the accused ever appearing before it.
- An initial appearance and a detention hearing happen within days of arrest.
- Prosecutors and defense attorneys exchange discovery, including any evidence favorable to the accused.
- A plea agreement or a trial date follows, depending on the strength of the evidence and the guideline calculation.
Federal cases resolve through a guilty plea far more often than a state case does, which makes the plea negotiation stage one of the most consequential parts of a federal defense.
FAQs for Texas Federal Charges Lawyers at the Law Offices of Richard C. McConathy
Will I go to a federal prison instead of a county jail?
Yes, a federal conviction results in placement in a federal prison run by the Bureau of Prisons, not a Texas county jail or state prison. Pretrial detention before conviction may still happen in a local facility under a federal contract.
Can state and federal charges happen for the same crime?
Yes, state and federal governments may both charge the same conduct under separate laws without violating double jeopardy, since each government prosecutes its own offense. This happens most often in drug and firearm cases.
How long does a federal case take from arrest to trial?
Federal cases typically take longer than state cases, often a year or more, due to detailed discovery and pretrial motion practice. A plea agreement may resolve a case faster than a trial.
Does hiring a private attorney matter more in federal court?
Yes, federal cases involve detailed sentencing guideline calculations and negotiation strategy, where consistent, direct attorney involvement affects the outcome more than in many state cases.
What happens if federal agents want to question me before I'm charged?
You are not required to answer a federal agent's questions, and speaking without an attorney present may create statements prosecutors use later. Contacting an attorney before any interview protects that decision.
Is a federal charge more serious than a state charge in Texas?
Generally yes, federal charges often carry longer sentences, mandatory minimums, and no parole, making them more serious in practice than a similar Texas state charge.
Do federal cases go to trial as often as state cases?
No, most federal cases resolve through a plea agreement rather than a trial, since federal sentencing guidelines reward early acceptance of responsibility.
Can a federal charge get transferred to Texas state court?
No, a federal charge stays in federal court once filed, though a case may exist in both systems separately if both governments charge the same conduct.
Will a federal public defender handle my case if I can't afford a lawyer?
Yes, federal public defenders represent people who qualify financially, though many defendants hire private counsel to keep more direct control over case strategy and preparation.
How much of a federal sentence do you actually serve?
Federal law allows up to 54 days of good conduct credit per year served, meaning most federal inmates serve close to 85 percent of the imposed sentence.
Take Action on a Texas Federal Charges Case
A federal case builds momentum long before an indictment ever gets filed, often while the accused has no idea an investigation exists.
The Law Offices of Richard C. McConathy defends federal charges across Texas, from a federal agent's first contact through sentencing.
Call (972) 233-5700 and speak to Richard C. McConathy 24/7.