Plain-Language Guides to Federal Charges

Legal guides on this site explain a federal charge, or a stage of a federal case, in plain words, and they point to the statute the charge uses. Each guide is general information. It is not a forecast of a sentence, and it speaks as of the date printed on that page.

What these legal guides are

Four guides are filed in this category. Health care fraud covers 18 U.S.C. § 1347, the Anti-Kickback Statute, the Stark Law, and the False Claims Act, and how those laws divide a criminal case from a civil one. Drug trafficking covers penalties under 21 U.S.C. § 841: drug type and quantity, mandatory minimums, statutory maximums, and fines. The statute sets the floor and the ceiling. The Sentencing Guidelines are a separate step at sentencing. Money laundering covers 18 U.S.C. §§ 1956 and 1957, the penalties, cash-reporting rules, and Supreme Court cases that limit those statutes.

The federal appeal guide covers the notice of appeal, what the court of appeals actually reviews, timing, and what can follow a decision. The notice is due within 14 days after the later of the entry of the judgment and the filing of the government's notice of appeal (Fed. R. App. P. 4(b)(1)(A)).

The same explainers are listed on the articles page. For an element or a statutory maximum, start with the guide that names the statute, then check whether a later court decision has moved the law.

Who the guides are written for

They are written for the person who has been charged, the person who believes a federal investigation is underway, and a loved one trying to read an indictment. They are not written for state charges. Federal criminal cases are brought in United States district court (18 U.S.C. § 3231).

How a federal charge is put together

A federal charge has three layers, and the guides keep them separate. The statute states the elements and the maximum, and sometimes a mandatory minimum. The government has to prove every element. The Sentencing Guidelines recommend a range after a conviction or a plea. The judge must calculate that range and then consider 18 U.S.C. § 3553(a) (Gall v. United States, 552 U.S. 38 (2007); United States v. Booker, 543 U.S. 220 (2005)). The range is not itself the sentence.

The judgment is the court's order. An appeal reviews that judgment on the record from the district court. It is not a new trial. A later motion under 28 U.S.C. § 2255 is different again. It asks the sentencing court to vacate or correct the sentence after the judgment is final.

Documents to have nearby

The charging document names the statute. Keep it. If the case has been sentenced, keep the judgment and, if you may have it, the presentence report. If there was a plea, keep the plea agreement, especially any waiver of appeal. Inside the 14-day appeal window, the date the judgment was entered is the paper that starts the clock.

How a consultation works

If you have an indictment, a target letter, or a judgment and you want the statute explained against that paper, book a one-hour meeting with Brandon Sample. The meeting is paid. Send the form and we will contact you to set a time. The charging document is enough to start.

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