The U.S. District Court for the Southern District of Florida (S.D. Fla.) handles one of the heaviest federal criminal dockets in the country. The district covers nine counties from Key West to Indian River, and the Miami division at the Wilkie D. Ferguson Jr. United States Courthouse (400 N. Miami Ave) sees the highest volume of indictments — particularly in health care fraud, narcotics importation, wire fraud, immigration offenses, and firearms cases.
Federal criminal defense is a different practice from state criminal defense. Different procedural rules, a different prosecutor's office, a different sentencing regime, and a fundamentally different posture toward charge bargaining. If you have been contacted by a federal agent — FBI, DEA, HSI, IRS-CI, ATF, OIG — or received a federal target letter or grand jury subpoena, the strategic decisions you make in the next two weeks will shape the entire case.
The pre-indictment window
Federal cases are typically investigated for months or years before charges are filed. By the time an indictment is returned, the U.S. Attorney's Office has already made its charging decisions, fixed the theory of the case, and committed to a sentencing recommendation. Charge reductions after indictment are rare in this district.
The leverage exists before indictment, in three forms:
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Declination requests. A well-prepared submission to the line AUSA and supervising chief can result in the office declining to prosecute, particularly in close fraud cases or cases where the cooperator's reliability is questionable.
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Proffers. A "queen for a day" interview under a written proffer letter gives the client an opportunity to explain conduct, identify other targets, or position for a cooperation agreement — all under protections that limit how the statements can be used.
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Pre-indictment plea agreements. In some matters the office will agree to a pre-indictment Information filing with a negotiated charge, which preserves acceptance of responsibility credit and can avoid more serious charges that the grand jury would otherwise return.
We use the pre-indictment window aggressively. Many of the best outcomes in this office's federal practice happen before a single court appearance.
What gets prosecuted federally in Miami
- Health care fraud (§§ 1347, 1349) — Medicare and Medicaid billing schemes are a top S.D. Fla. enforcement priority, with a dedicated Health Care Fraud Strike Force based in Miami.
- Drug importation and distribution (§§ 841, 846, 952, 963) — given the district's geography, narcotics cases are heavy and often involve maritime or aviation evidence.
- Wire fraud and bank fraud (§§ 1343, 1344) — including investment fraud, PPP fraud, and crypto-related fraud.
- Money laundering (§§ 1956, 1957)
- Firearms offenses — felon in possession (§ 922(g)(1)) and the new domestic violence misdemeanor prohibition (§ 922(g)(9)).
- Immigration offenses — illegal reentry (§ 1326), document fraud, harboring.
- Public corruption — a long-standing S.D. Fla. priority.
The Sentencing Guidelines drive everything
Federal sentences are calculated under the United States Sentencing Guidelines. The probation officer prepares a Presentence Investigation Report (PSR) that calculates an offense level and criminal history category, producing a recommended guideline range. The judge has discretion to vary, but the guideline calculation is the gravitational center of the sentencing hearing.
Specific offense characteristics, role adjustments, loss amounts, drug quantities, and victim enhancements can swing the guideline range by years. Our PSR objections and sentencing memorandum are often the most important documents we file in the entire case.
No parole. First Step Act good-time only.
There is no parole in the federal system. A defendant sentenced to 60 months serves approximately 85% of that sentence after First Step Act good-time credit, less any time earned in eligible programming. The real-world severity of federal sentences is consistently underestimated by clients (and by some state-side counsel).
Bond in federal court is different
Federal pretrial release is governed by 18 U.S.C. § 3142 and the Bail Reform Act. For many serious offenses there is a presumption of detention that the defense must rebut. The Pretrial Services Office interviews the defendant before the initial appearance, and the report often determines whether bond is granted. We coordinate with the family and with federal Pretrial Services before the initial appearance whenever advance notice is possible.
"Federal cases are not bigger state cases — they're a different practice. The Sentencing Guidelines drive everything, the discovery is voluminous and arrives all at once, and the U.S. Attorney's Office almost never reduces a charge after indictment. The leverage is pre-indictment, and that's when clients most often hire the wrong lawyer."
Recent Miami case results
Charge
Wire fraud conspiracy (§ 1349) — Southern District of Florida
Outcome
Pre-indictment resolution; client never charged.
Charge
Possession with intent to distribute (§ 841)
Outcome
Suppression of search; case dismissed.
Charge
Health care fraud (§ 1347) — Miami target letter
Outcome
Declination by USAO after proffer.
Past results do not guarantee a similar outcome. Every case is fact-specific.
Where Miami cases are heard
Richard E. Gerstein Justice Building
1351 NW 12th St, Miami, FL 33125
All felony arraignments and trials for Miami arrests are heard here. Bond hearings happen daily at the Pre-Trial Detention Center (1321 NW 13th St) within 24 hours of arrest.
Arresting agency: City of Miami Police Department (400 NW 2nd Ave)
Miami Federal Crimes — Frequently Asked Questions
›I got a federal 'target letter' from the U.S. Attorney's Office in Miami. Now what?
A target letter means the prosecutor has identified you as the focus of a grand jury investigation and is offering an opportunity to engage before indictment. This is the highest-leverage moment of the entire case. Hire federal counsel the same week. We use this window for a proffer (a 'queen for a day' interview under written protection), for early motion practice on the investigation, and — in the right cases — to negotiate a pre-indictment resolution or declination.
›Where are federal cases prosecuted in Miami?
The Southern District of Florida is headquartered at the Wilkie D. Ferguson Jr. United States Courthouse, 400 N. Miami Ave, with additional courthouses in Fort Lauderdale, West Palm Beach, Key West, and Fort Pierce. Most Miami-Dade federal indictments are assigned to the downtown Miami division. The U.S. Attorney's Office is across the street, and the FBI field office covers the entire Southern District.
›How is federal sentencing different from state sentencing?
Federal sentences are calculated under the United States Sentencing Guidelines, which produce a recommended range based on offense level and criminal history category. The judge can vary above or below the range, but the calculation drives everything. There is no parole in the federal system — defendants serve approximately 85% of their sentence under the First Step Act. A 5-year state sentence and a 5-year federal sentence are not comparable in real terms.
›What's a Rule 11 plea agreement and why does it matter?
Most federal cases that resolve do so through a written Rule 11 agreement that locks in the charges, the recommended guideline calculation, and any cooperation terms. The agreement also contains an appeal waiver in most districts. The exact wording of the plea agreement often matters more than the underlying facts of the case — it controls what the probation officer recommends in the Presentence Investigation Report (PSR), which in turn drives the sentence.
›Do I need a separate federal attorney, or can my state criminal lawyer handle this?
Federal practice is a different bar. Federal Rules of Criminal Procedure, the Sentencing Guidelines, the Speedy Trial Act, federal discovery rules, and the U.S. Attorney's internal policies are all different from state practice. Many excellent state criminal lawyers do not handle federal cases. We do — both as lead counsel and, when appropriate, as co-counsel with specialized federal practitioners on complex regulatory matters.