Call Us Now
Email Us Now
Federal Criminal Defense Attorney in Houston, TX
A Houston federal criminal defense lawyer represents individuals and businesses facing charges brought by U.S. prosecutors in the Southern District of Texas. At Cory Roth Law Office, we defend Houston clients against federal drug, fraud, firearm, and conspiracy charges from investigation through trial and sentencing.
What Is Federal Criminal Defense in Houston?
Federal criminal defense is the practice of representing clients charged with violating U.S. federal law. Federal cases are prosecuted by Assistant U.S. Attorneys, investigated by agencies like the FBI, DEA, ATF, and IRS-CI, and tried inside U.S. District Court rather than Harris County courts. Houston cases are heard in the U.S. District Court for the Southern District of Texas.
Federal vs. State Charges in Texas
Many crimes—drug offenses, fraud, firearm violations—can be charged at either the state or federal level. The difference matters because federal cases carry longer sentences, different rules of procedure, and almost no parole. State prosecutors typically defer to federal authorities when an offense crosses state lines, involves a federal agency, exceeds dollar or drug-quantity thresholds, or implicates federal interests like banking, the mail system, or interstate commerce.
If you are simultaneously facing a state matter, our Houston felony defense team can coordinate strategy so the two cases do not undermine each other.
Federal Crimes We Defend in Houston, Texas
Federal indictments in the Southern District of Texas span a wide range of offenses. Cory Roth Law Office handles the categories most commonly charged against Houston residents and businesses.
Federal Drug Conspiracy & Trafficking
Houston’s port, highways, and proximity to the southern border make it a high-priority district for the DEA. Federal drug trafficking charges under 21 U.S.C. § 841 and § 846 carry mandatory minimums tied to drug type and quantity—10 years or more for certain cocaine, methamphetamine, fentanyl, and heroin cases. Many clients are charged with conspiracy based solely on phone records or co-defendant statements. We also defend interstate drug trafficking allegations.
White-Collar Fraud, Wire Fraud & Mail Fraud
The federal government aggressively prosecutes white-collar offenses including wire fraud (18 U.S.C. § 1343), mail fraud (§ 1341), bank fraud (§ 1344), healthcare fraud (§ 1347), securities fraud, PPP loan fraud, and tax fraud. Houston sees heavy enforcement around the medical, energy, and financial sectors. Penalties scale with loss amount and can include restitution, asset forfeiture, and decades in federal prison.
Federal Firearm Offenses
Federal gun charges include felon in possession of a firearm under 18 U.S.C. § 922(g), possession of a firearm in furtherance of a drug trafficking crime under § 924(c), straw purchases, and illegal firearm transfers. A § 924(c) conviction adds a mandatory consecutive sentence on top of the underlying offense.
Identity Theft, Credit Card Fraud & Aggravated Identity Theft
Cases involving identity theft, credit card fraud, and access device fraud are routinely prosecuted under 18 U.S.C. §§ 1028, 1028A, and 1029. Aggravated identity theft adds a mandatory two-year consecutive sentence and must be defended carefully from the start.
Child Exploitation & Online Solicitation
Federal child pornography and online solicitation of a minor charges under 18 U.S.C. §§ 2251, 2252, and 2422 carry mandatory minimums and lifetime supervised release. These prosecutions usually follow ICAC task force or HSI investigations and require an attorney who understands the technical evidence.
Money Laundering & RICO
Money laundering charges (18 U.S.C. §§ 1956, 1957) often piggyback on drug, fraud, or organized crime indictments. RICO prosecutions (18 U.S.C. § 1962) tie multiple defendants into a single enterprise theory and can dramatically increase exposure. We push back on weak predicate acts and challenge the government’s enterprise theory.
Federal Tax Crimes & IRS Investigations
The IRS Criminal Investigation division prosecutes tax evasion (26 U.S.C. § 7201), willful failure to file (§ 7203), and false returns (§ 7206). Many tax cases can be resolved civilly before they ever become criminal—but only if you intervene early.
Immigration-Related Federal Offenses
Illegal reentry under 8 U.S.C. § 1326, alien smuggling under § 1324, and visa fraud under 18 U.S.C. § 1546 are heavily prosecuted in the Southern District of Texas due to Houston’s volume of border-related cases.
Other Federal Charges
- Bank robbery and armored car robbery (18 U.S.C. § 2113)
- Carjacking (18 U.S.C. § 2119)
- Federal kidnapping under the Lindbergh Act (18 U.S.C. § 1201)
- Federal sex trafficking and human trafficking (18 U.S.C. §§ 1591, 1589)
- Counterfeiting and forgery of U.S. currency
- Computer fraud and unauthorized access (18 U.S.C. § 1030)
- Public corruption, bribery, and honest services fraud
How a Federal Case Moves Through the Southern District of Texas
Federal procedure is unforgiving. Missing a deadline, talking to the wrong agent, or accepting the wrong plea can permanently alter your future. Here is what to expect.
1. Federal Investigation
Cases usually begin with a long, quiet investigation by agencies such as the FBI Houston Field Office, DEA, ATF, IRS Criminal Investigation, or Homeland Security Investigations (HSI). Agents may use confidential informants, wiretaps, search warrants, financial records, and undercover operations long before any arrest.
2. Target Letter or Grand Jury Subpoena
Many clients first learn they are under investigation when they receive a target letter from the U.S. Attorney’s Office or a federal grand jury subpoena. A target letter means prosecutors believe you committed a crime and may be seeking an indictment. This is the most critical moment to retain federal defense counsel.
3. Indictment & Arrest
Federal grand juries return indictments in secret. The first you may hear of it is agents at your door early in the morning. After arrest, you appear before a U.S. Magistrate Judge for an initial appearance and detention hearing under Rule 5 of the Federal Rules of Criminal Procedure.
4. Detention Hearing
Federal pretrial release is harder than state bond. Under 18 U.S.C. § 3142, judges weigh flight risk and danger to the community. Drug and firearm cases carry a rebuttable presumption of detention. Winning release at this stage often requires a strong proposed release plan, third-party custodians, and asset documentation.
5. Arraignment & Discovery
At arraignment you formally enter a plea. The defense then receives discovery—wiretap recordings, agent reports, lab analyses, and digital evidence. Federal discovery often arrives in terabytes, not pages. We dissect every piece for chain-of-custody, constitutional violations, and weak links.
6. Pre-Trial Motions
This is where many federal cases are won. Motions to suppress under the Fourth Amendment, motions challenging drug search and seizure, motions to dismiss for grand jury misconduct, and motions in limine can gut the government’s case before a jury is ever picked.
7. Plea or Trial
Over 90% of federal cases end in a plea, but only because most defendants do not have an attorney willing to take the case to trial. We do. When a plea is the right call, we negotiate cooperation agreements, fast-track pleas, and downward departures—not just sign whatever is offered.
8. Federal Sentencing
Federal sentences are calculated under the U.S. Sentencing Guidelines. The court runs a Presentence Investigation Report (PSR), calculates an offense level and criminal history category, and arrives at a guideline range. We file objections to the PSR, present mitigation evidence, and argue 18 U.S.C. § 3553(a) factors for a below-guideline sentence.
Why Federal Charges Are More Serious Than State Charges
A federal conviction is not a state misdemeanor with a longer sentence. The systems are fundamentally different.
- No parole. Federal inmates must serve at least 85% of their sentence, with limited good-time credit.
- Mandatory minimums. Many drug, firearm, and child exploitation statutes require fixed prison terms regardless of personal circumstances.
- Federal Sentencing Guidelines. An advisory but powerful framework that often drives sentences far above state equivalents.
- Bureau of Prisons custody. Federal prisoners serve sentences anywhere in the country, often far from family.
- Asset forfeiture. The government can seize cash, vehicles, real estate, and bank accounts before trial.
- Supervised release. After prison, defendants face years of strict federal supervision—not Texas probation.
- Public record. PACER makes federal court filings searchable worldwide for life.
Common Concerns We Hear From Houston Clients
If you are facing federal scrutiny, you are probably asking questions like these. We have answers.
“Agents knocked on my door. Should I talk to them?”
No. Politely decline, ask for their card, and call a federal defense lawyer. You have no obligation to speak. Anything you say—even something you believe is innocent—can be used to charge you with making a false statement under 18 U.S.C. § 1001.
“I got a target letter. Am I going to be indicted?”
Not necessarily. A target letter is also an opportunity. With prompt intervention, we can sometimes persuade prosecutors to decline charges, downgrade them, or extend immunity in exchange for cooperation.
“My case involves co-defendants. Can they hurt me?”
Yes. Federal conspiracy law allows the government to use co-defendant statements and acts against you. Early representation lets us position your case ahead of cooperators—not behind them.
“They executed a search warrant at my home or business. What now?”
Preserve everything. Do not delete files, emails, or texts—that can become an obstruction charge. Document what was seized, request a property receipt, and call us immediately.
Why Choose Cory Roth Law Office for Federal Defense
Cory Roth has built a reputation for aggressive, strategic criminal defense across Houston and Harris County. Federal cases demand a different toolkit, and our practice is built for it.
- Familiarity with the Southern District of Texas. We know the courtrooms, the magistrate judges, the prosecutors, and the local procedures.
- Pre-indictment intervention. The best federal case is the one that never gets filed. We engage early, often before clients are charged.
- Trial-ready. Prosecutors negotiate differently when they know your lawyer will go to trial.
- Comprehensive Houston practice. From drug crimes to homicide to sex crimes, our office handles the most serious cases in Texas.
- Transparent communication. You get straight answers, clear strategy, and direct access to your attorney.
What to Do If You Are Under Federal Investigation in Houston
Whether agents have made contact or you simply suspect something is happening, take these steps immediately.
- Do not speak to federal agents. Politely decline interviews and ask agents to contact your attorney.
- Preserve all documents. Destroying records can result in obstruction or evidence-tampering charges.
- Avoid contact with co-defendants and witnesses. Even casual messages can be charged as witness tampering.
- Stay off social media. Federal prosecutors routinely use posts, photos, and direct messages as evidence.
- Call a Houston federal criminal defense lawyer immediately. Time matters.
Speak With a Houston Federal Criminal Defense Lawyer Today
Federal charges put your freedom, finances, family, and future on the line. Do not wait for an indictment to find out how serious it is. Cory Roth Law Office offers confidential consultations for clients facing federal investigations or charges in Houston, Harris County, and across the Southern District of Texas. Contact us today to discuss your case with an experienced federal defense attorney.
A federal grand jury consists of 16 to 23 citizens who decide whether probable cause exists to issue an indictment. Proceedings are secret, the defense is not present, and the standard of proof is much lower than at trial. A trial jury decides guilt or innocence beyond a reasonable doubt in open court.
Federal convictions cannot be expunged in most cases. Federal law does not provide a general expungement statute. Limited relief may be available through a presidential pardon, a certificate of innocence, or specific statutory exceptions, but for nearly every federal defendant, the conviction is permanent.
The primary federal investigative agencies operating in Houston include the FBI, DEA, ATF, IRS Criminal Investigation, Homeland Security Investigations, U.S. Secret Service, U.S. Postal Inspection Service, and the Office of Inspector General for various federal agencies.
Yes. Under the dual sovereignty doctrine, federal and state governments are considered separate sovereigns, and a prosecution by both does not violate the Double Jeopardy Clause. Most of the time, however, one office will defer to the other to avoid duplicating effort.
Federal defense fees vary based on charge complexity, the number of co-defendants, the discovery volume, and whether the case goes to trial. Many federal cases are handled on a flat-fee basis covering specific case phases. Cory Roth Law Office offers consultations to discuss fees and payment options openly.
No. The federal parole system was abolished for offenses committed after November 1, 1987. Federal inmates can earn limited good-time credit (up to 54 days per year) and may qualify for First Step Act time credits, but they typically serve at least 85% of their sentence.
The Federal Sentencing Guidelines, published by the U.S. Sentencing Commission, set advisory sentencing ranges based on offense level and criminal history category. Judges must calculate the guideline range but may impose a sentence above or below it after considering the factors in 18 U.S.C. § 3553(a).
Yes. Federal charges can be dismissed through successful suppression motions, grand jury defects, Speedy Trial Act violations, prosecutorial misconduct, or insufficient evidence. Many cases also resolve through pre-indictment negotiations or deferred prosecution agreements.
Federal investigations commonly last 12 months to several years before indictment. Wiretaps, financial reviews, and grand jury subpoenas take time. The length of an investigation is also strategic, as the government often waits to indict everyone at once.
A federal target letter is written notice from a U.S. Attorney's Office that you are the target of a grand jury investigation. Do not respond directly, do not contact witnesses, and do not destroy any records. Hire a federal criminal defense lawyer immediately so counsel can communicate with prosecutors on your behalf.
Houston federal cases are heard in the U.S. District Court for the Southern District of Texas, primarily at the Bob Casey U.S. Courthouse at 515 Rusk Street in downtown Houston. The Southern District also has divisions in Galveston, Corpus Christi, Brownsville, Laredo, McAllen, and Victoria.
State cases are prosecuted by the Harris County District Attorney in Texas courts under the Texas Penal Code. Federal cases are prosecuted by Assistant U.S. Attorneys in U.S. District Court under federal statutes like Title 18 and Title 21. Federal cases carry longer sentences, federal sentencing guidelines, and no parole.