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How Long Does a Federal Investigation Take Before Charges

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How Long Does a Federal Investigation Take Before Charges

The investigation already happened. You just found out.

That question you're asking - "how long does a federal investigation take?" - reveals something most people miss. You're measuring from the wrong starting point. The federal government didn't start investigating you when you found out about it. They started 8 to 18 months ago. The investigation timeline isn't beginning. It's mostly over. What you're really asking is how much time remains before indictment - and that answer is measured in weeks, not years.

Welcome to Spodek Law Group. We handle federal criminal defense, including pre-indictment intervention when there's still time to affect outcomes. This article explains what "investigation timeline" actually means when the government has been building your case for over a year without telling you.

The Investigation You Didn't Know About

Federal investigations don't announce themselves. Theyve been watching while you went to work, dropped your kids at school, celebrated holidays with family. The "investigation" everyone asks about - that started before you had any idea something was wrong. By the time you're aware of it, the government has already:

  • Pulled your tax returns going back years
  • Reviewed your company's bank statements
  • Analyzed your email communications
  • Interviewed people you thought were friends

The statute of limitations isnt the investigation deadline - it's the prosecution deadline. The FBI can investigate you for four years and eleven months, then file charges on day 1,824. A five-year statute doesn't limit how long they can investigate. It limits how long they have to file. Those are completely different things. And they use every day of it.

Here's the part that changes everything. Federal prosecutors don't execute search warrants to find out if they have a case. They execute search warrants when theyve already built 80-90% of the case and need physical evidence to complete it. That terrifying moment - agents at your door, your completley life turned upside down - that wasn't the beginning of their investigation. It was the near-end. Your sense that "this just started" is wrong.

We get this. Really. The disorientation is overwhelming. Everything you thought about there timeline just collapsed. You recieved notice of an investigation and assumed you had months or years to prepare. You don't. The preparation window that mattered most happened while you were living your normal life, oblivious.

Facing Criminal Charges And Have Questions? We Can Help, Tell Us What Happened.

The delays you might experience now - the silence after a search, the months without news - those probly aren't because agents are still investigating. FBI forensic labs have 6-12 month backlogs. Your seized phone is sitting in a queue behind thousands of others. The delay isn't complexity. It's bureaucracy. The case against you may already be built, just waiting for lab results to complete the package.

The Window That Closes Before You See It

The best outcomes in federal cases happen during the investigation phase. Civil dispositions. Declinations. Favorable pre-indictment agreements. The problem is that phase happened while you were completely unaware. The window for optimal outcomes was open - and you didn't know there was a window.

Here's the DOJ policy nobody tells you about. Once a federal indictment is filed, prosecutors are prohibited from reducing charges in plea negotiations. Its not discretionary. It's policy. That means the best opportunity for favorable resolution - reduced charges, deferred prosecution, declination - exists only before indictment. After? The charges are what they are.

If you received a target letter, you're looking at a very specific timeline:

  1. Target letter arrives - investigation is essentially complete
  2. 30 to 45 days until grand jury presentation (rarely more than 60)
  3. 80-90% of recipients end up indicted
  4. Indictment leads to 93% conviction rate
  5. 89% of convictions through guilty pleas

The letter isn't a warning to shape up. It's notification that charges are coming unless something changes fast.

Consider Martha Stewart. She wasn't convicted of insider trading - the conduct everyone assumed would destroy her. She was convicted of lying to investigators during the investigation phase. Her own words, spoken before she understood the stakes, became the criminal case. Or Paul Manafort, who discovered his sealed indictment existed when FBI agents arrived for a dawn raid. The grand jury had already voted. The charges already filed. He just didn't know. You can loose everything in that gap between investigation and awareness.

The question "how long will this take?" is exactly backwards. You dont have time stretching ahead of you. You have time running out. The real question is: how much of the window remains?

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What 93% Really Means For Your Case

Once charges file in federal court, your fighting against crushing statistics.

Here are the numbers prosecutors don't advertise but defense attorneys know by heart. According to Pew Research, federal prosecutors secured convictions in approximately 93% of cases in recent years. But that number doesn't capture the real picture. In 2010, grand juries reviewed 162,000 cases and declined to indict in exactly 11 of them. Eleven. That's a 99.993% indictment rate. Federal prosecutors don't bring cases they're not certain to win. If they're charging you, they believe they already have enough to convict.

The grand jury process operates under complete secrecy. Under Rule 6 of the Federal Rules of Criminal Procedure, grand jury proceedings are sealed. You cannot know what evidence they've seen, what witnesses they've heard, what charges they're considering. Grand juries serve 18-month terms, extendable to 24 months in complex cases. And here's the part that matters: when you're called to testify before a grand jury, your attorney cannot enter the room with you. You sit alone, facing prosecutors' questions, with no advocate beside you.

This is why pre-indictment intervention matters more than post-indictment defense. Once you're in the federal system, the numbers work against you. 89% of federal convictions come through guilty pleas - not because everyone is guilty, but because the trial penalty (the difference between pleading guilty and losing at trial) is so severe that rational people plead regardless of innocence. The system is designed this way.

Todd Spodek has defended clients at every stage of federal investigation - from the moment they suspect something is wrong through trial if necessary. But the clients who achieve the best outcomes are almost always those who engaged representation before charges were filed. While leverage still existed. While windows remained open.

If you suspect you're under federal investigation - or if you've received a target letter, a subpoena, or a visit from federal agents - Spodek Law Group can assess where you actually stand. Not where you hope you stand. Not best-case scenarios. The real picture. The window may be narrow, but it's not closed until the indictment is returned.

Call 888-997-4071. The investigation timeline that mattered has already elapsed. What matters now is how you use the time that's left.

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Frequently Asked Questions

What makes a crime federal vs. state?

Federal crimes violate U.S. laws, occur on federal property, cross state lines, or involve federal agencies. Examples include tax fraud, immigration violations, drug trafficking across states, and wire fraud.

Are federal sentences more severe than state sentences?

Generally yes. Federal sentences often require serving at least 85% of the sentence with no parole. Federal sentencing guidelines are also typically stricter than state guidelines.

Can I have a federal case moved to state court?

This is extremely rare. Once the federal government chooses to prosecute, the case typically remains in federal court. An experienced federal defense attorney can advise on all options.

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