Austin Federal Criminal Defense Lawyer

Federal charges hit differently than state charges. The prosecutors are better resourced, the investigations run longer before charges are filed, and the sentencing consequences tend to be far more severe. If federal agents have contacted you, if you’ve received a federal grand jury subpoena, or if you’ve already been indicted in the Western District of Texas, you are not dealing with a routine legal matter. You need an Austin federal criminal defense lawyer who understands how federal cases are built, how federal prosecutors operate, and what it actually takes to mount a credible defense in federal court.

The Western District of Texas encompasses Austin and the surrounding region, and its federal courthouse on West 5th Street handles everything from federal drug trafficking conspiracies to wire fraud, firearm offenses, and immigration crimes. The judges assigned to federal cases apply the Federal Sentencing Guidelines when determining punishment, which means the difference between a skilled defense and a passive one can translate to years of additional prison time. Federal prosecutors often have the benefit of lengthy pre-indictment investigations, cooperating witnesses, and wiretap evidence before a defendant even learns they are a target.

At The Law Offices of David C. Hardaway, we represent people facing serious criminal charges across Central Texas, including in federal court. Our practice covers a wide range of charges in both state and federal systems. If you’ve been contacted by federal agents or charged in federal court in the Austin area, contact our office to discuss your situation with a federal criminal defense attorney who will give you a straight answer about where you stand and what your options look like.

What Makes Federal Cases Different From State Criminal Prosecution

State and federal charges can overlap in subject matter but diverge sharply in how they unfold. In Texas state court, a case might move from arrest to trial in six to eighteen months. Federal cases routinely take longer because the government typically waits until the investigation is substantially complete before seeking an indictment. By the time you are formally charged, the government may have spent years building the case against you.

Federal prosecutors work closely with specialized agencies, including the FBI, DEA, ATF, IRS Criminal Investigation, Homeland Security Investigations, and the U.S. Postal Inspection Service, depending on the nature of the alleged offense. Each agency brings its own investigative tools, including surveillance, financial subpoenas, digital forensics, and confidential informants. The charges that emerge from these investigations tend to be detailed and specific, built to survive pretrial motions.

Sentencing in federal court is governed by the U.S. Sentencing Guidelines, a complex scoring system that accounts for the nature of the offense, the defendant’s criminal history, the amount of money involved, the quantity of drugs, the use of a weapon, and a range of other factors. While federal judges have some discretion, the Guidelines create a structured framework that often produces harsher outcomes than defendants anticipated. Mandatory minimum sentences apply to a significant number of federal offenses, particularly drug trafficking and firearms charges. Understanding the Guidelines and how they apply to your specific conduct is essential to building a realistic defense strategy.

Federal Offenses Our Austin Defense Attorneys Handle

• Federal Drug Trafficking and Conspiracy: Austin sits along the I-35 corridor, one of the primary transportation routes for narcotics moving through Texas. Federal trafficking charges often target distribution networks rather than individual actors, meaning a single participant can face accountability for the full quantity of drugs involved in the conspiracy under federal law.
• Federal Firearms Offenses: Charges under federal statutes involving possession of a firearm by a prohibited person, using a firearm during a drug trafficking crime, or unlawful transfer of firearms carry substantial mandatory minimums. These charges frequently stack on top of underlying drug or violent crime allegations.
• Wire Fraud and Mail Fraud: Federal fraud statutes are broadly written and give prosecutors significant flexibility. Wire and mail fraud charges arise in the context of business disputes, insurance claims, healthcare billing, and online conduct. A conviction can result in up to 20 years per count under the applicable federal statute.
• Federal Money Laundering: These charges frequently accompany drug trafficking or fraud allegations and dramatically increase the potential sentence. Federal prosecutors use money laundering statutes to reach financial transactions that might otherwise appear legal on their face.
• Immigration Crimes in Federal Court: The Western District of Texas handles a large volume of federal immigration prosecutions, including charges for illegal reentry after removal and human smuggling. These cases can move quickly through the federal system, and early defense intervention matters.
• Federal Sex Crimes and Child Exploitation: Federal charges involving the possession, distribution, or production of child sexual abuse material, as well as sex trafficking offenses, are prosecuted aggressively and carry some of the longest sentences in the federal system. Registration consequences follow convictions for life.
• White Collar and Financial Crimes: Bank fraud, identity theft, securities fraud, and tax crimes fall within federal jurisdiction when they involve federally insured institutions, interstate commerce, or federal agencies. These cases are document-intensive and require counsel who can work through financial records methodically.

How to Respond When Federal Agents Make Contact

One of the most common and costly mistakes people make in federal investigations is speaking with federal agents without counsel present. Federal law enforcement agents, including FBI and DEA investigators, are trained interviewers. They may approach you casually, suggest that you are not a target, or imply that cooperation now will benefit you later. None of that is a guarantee. Statements made to federal agents can be used against you regardless of how the conversation was framed.

If federal agents knock on your door, arrive at your workplace, or call your phone, you have the right to decline to answer questions and to speak with a lawyer first. Exercise that right. Do not attempt to talk your way out of the situation. Do not speculate about what the agents already know. Simply decline to speak until you have had the opportunity to consult with a federal criminal defense attorney in Austin.

If you’ve received a federal grand jury subpoena, whether for testimony or documents, take it seriously. Grand jury subpoenas are not invitations to come explain yourself; they are formal legal process with real consequences for non-compliance. An attorney can review the scope of the subpoena, assert applicable privileges, negotiate with the government where appropriate, and advise you on what your obligations actually are.

Federal criminal cases in the Austin area are handled at the U.S. District Court for the Western District of Texas, located at 501 West 5th Street in Austin. Arraignments, detention hearings, pretrial motions, and trials all take place there. Initial appearances following a federal arrest occur quickly, often the same day or the following business day, which is why having counsel available without delay is so important. Our office serves clients throughout the Central Texas region and can move quickly when time is short.

What David Hardaway Brings to Federal Defense in Austin

The Law Offices of David C. Hardaway has built its practice on a straightforward commitment: every case gets rigorous investigation, strategic motion practice, and disciplined courtroom preparation. That approach is exactly what federal cases demand. Federal prosecutors present well-organized, well-documented cases. The defense that works is not passive. It challenges the evidence at every stage, from the legality of the search or surveillance that produced it to the reliability of the cooperating witnesses who describe it.

Clients who have worked with this firm describe what they experienced in their own words. Jason K. noted that having a team that “investigated and thoroughly believed” in him made all the difference, resulting in a case dismissal rather than a conviction. Edward G. described handling a “pretty complex case” and getting a favorable result. Robert R. said the firm achieved the outcome he was hoping for. These outcomes reflect what committed, detail-driven representation actually looks like in practice.

For clients facing federal charges, the quality of communication during the process matters enormously. Federal cases can take months or years to resolve, and the uncertainty is real. Robb M. noted being “always able to get ahold of David” when needed, and that the team was “polite and sensitive” to the circumstances. That level of access and responsiveness is not standard across the legal industry, but it is the standard we hold ourselves to. You will not be passed off to a paralegal when your federal case takes an unexpected turn.

Our practice serves clients across a wide geographic footprint in Central Texas, and that includes people who live in Austin but whose cases have been charged federally because of the nature of the conduct or the agencies involved. We are familiar with both state and federal courts throughout the region and can assess your situation in full context, including whether a federal charge overlaps with potential state exposure.

Questions About Austin Federal Criminal Cases

What is the difference between being a “subject” and a “target” of a federal investigation?

Federal prosecutors and agents sometimes use these terms when they reach out to individuals during an investigation. A “target” is someone the government has substantial evidence against and intends to charge. A “subject” is someone whose conduct is within the scope of the investigation but who has not yet been formally identified as a target. Neither label is a safe harbor. If investigators have made contact and used either word to describe your status, you should consult with a federal defense attorney before saying anything further.

Can I be charged in both state and federal court for the same conduct?

Yes. The dual sovereignty doctrine allows both state and federal governments to charge a defendant for the same underlying conduct without violating double jeopardy protections. This situation arises frequently with drug offenses, firearms charges, and crimes involving both state and federal agencies. A conviction or acquittal in state court does not bar federal prosecution for the same acts.

How does the federal indictment process work?

Before most felony federal charges are filed, a grand jury must find probable cause to return an indictment. Grand jury proceedings are secret. Witnesses appear without the target present, and there is no judge overseeing the proceeding. The government presents evidence, and if at least 12 of the 23 grand jurors agree there is probable cause, the indictment is returned. You typically do not know a grand jury is investigating you until charges are filed or until you are subpoenaed to testify.

What is a federal proffer or cooperation agreement, and should I consider one?

A proffer agreement allows a defendant or target to meet with federal prosecutors and provide information, with some protection against the government using what is said directly against that person at trial. Cooperation agreements go further, typically requiring a defendant to plead guilty and provide ongoing assistance to investigators in exchange for a sentencing reduction under the applicable guidelines provision. Whether a proffer or cooperation makes sense depends entirely on the strength of the government’s evidence against you, what you know, and what sentencing exposure you are facing. These decisions should never be made without experienced federal defense counsel present.

What happens at a federal detention hearing after arrest?

After a federal arrest, you will have an initial appearance before a U.S. Magistrate Judge, typically within 24 to 48 hours. At that hearing or shortly after, the government may seek to have you detained pending trial. The Bail Reform Act governs these decisions, and the government can argue that you are either a flight risk or a danger to the community. Detention hearings in federal court are more adversarial than typical state bond hearings, and the consequences of being detained pretrial, which can mean months or more in custody before any resolution, are serious enough that preparation matters.

Do federal sentences have parole?

No. The federal parole system was abolished decades ago for offenses committed after 1987. Federal defendants must serve at least 85 percent of their imposed sentence, with limited credit for good conduct time. This makes the length of the sentence imposed at the outset far more consequential than in many state systems, where earlier release is more common.

Can a prior Texas state conviction affect my federal sentencing?

Yes, and significantly. The Federal Sentencing Guidelines assign criminal history points based on prior convictions, including state convictions. More criminal history points mean a higher guidelines range. Prior drug felonies can also trigger statutory sentence enhancements on new federal drug charges, potentially doubling or tripling mandatory minimum sentences depending on the circumstances.

How long does a federal criminal case typically take to resolve in Austin?

It varies considerably depending on the complexity of the case, the number of defendants involved, the volume of discovery material, and the nature of any plea negotiations. Straightforward cases may resolve in six to twelve months. Complex conspiracy cases, white collar investigations with extensive financial records, or cases involving multiple defendants can extend well beyond that. The Western District of Texas is an active federal district, and case timelines are affected by the court’s docket at any given time.

What should I do if federal agents search my home or business?

If agents arrive with a search warrant, you are generally required to allow the search to proceed. Do not physically interfere. Do not make statements about what the agents are likely to find or what any item means. Ask to see the warrant and, if possible, identify what property is being seized. Write down or photograph the warrant if you are permitted to do so. Contact a federal criminal defense attorney as soon as the agents leave. The warrant’s scope, the manner of execution, and any statements made during the search are all potentially subject to legal challenge.

Is it possible to get federal charges dismissed before trial?

Yes. Pretrial motions challenging the constitutionality of the search or seizure, the sufficiency of the indictment, the admissibility of evidence, or the government’s failure to disclose exculpatory material can result in suppression of evidence or, in some cases, outright dismissal. Federal courts also have mechanisms for raising challenges to the grand jury process, the indictment’s legal adequacy, and the statute of limitations. These are not automatic results, but they are genuine tools that defense counsel can use effectively when the facts support it.

Federal Criminal Defense Across Austin and Central Texas

The Law Offices of David C. Hardaway defends clients facing federal charges from communities across the Western District of Texas and the surrounding region. In Austin, we represent clients from South Congress and East Austin through the Domain area, Hyde Park, Tarrytown, Mueller, and Riverside. We handle cases for clients in Round Rock, Cedar Park, Leander, Georgetown, and Pflugerville to the north. South of Austin, we serve Kyle, Buda, and clients throughout Hays County, including San Marcos, where our primary office is located just off I-35.

To the east, we represent clients from Bastrop, Lockhart, and the Caldwell County area. West of Austin, our reach extends into Dripping Springs and the Hill Country communities that look to Austin’s federal court for jurisdiction. Our Fredericksburg office serves clients in Gillespie County and the broader Hill Country, and our Brenham location covers Washington County and surrounding areas. For clients in New Braunfels, Seguin, Schertz, and Cibolo along the Guadalupe County corridor, we are accessible and familiar with the federal proceedings that arise from those communities. Wherever a client’s case lands in the Western District of Texas, we can help.

Talk to an Austin Federal Criminal Defense Attorney Before You Say Another Word

Federal charges demand a defense built on preparation, not reaction. If investigators have made contact, if an indictment is coming, or if you are already in the system, now is the time to speak with a qualified Austin federal criminal defense attorney who will assess your situation honestly and map out a realistic path forward. At The Law Offices of David C. Hardaway, we handle serious cases across Central Texas and bring the same disciplined, detail-driven approach to federal court that we bring to every representation. Contact our office to schedule a confidential consultation.