Federal Criminal Defense in the Eastern District of North Carolina

Charged With a Federal Felony?

A federal felony charge is not just a bigger version of a state case. It is investigated by agencies such as the FBI, DEA, ATF, and Homeland Security Investigations, prosecuted by the U.S. Attorney’s Office, and sentenced under federal law that includes mandatory minimum prison terms and no parole. By the time someone is arrested, agents have often been building the case for months.

If you or a family member has been arrested by federal agents, received a target letter, or learned of a federal investigation, talk to a lawyer before the next court date and before answering any questions from agents.

Daniel Donahue is a Board Certified Specialist in State and Federal Criminal Law, certified by the North Carolina State Bar Board of Legal Specialization, and the only board-certified criminal law specialist based in Dare County. For years he has served on the Criminal Justice Act (CJA) panel for the Eastern District of North Carolina, the list of private attorneys the court appoints to represent people charged with federal crimes who cannot afford a lawyer. He has defended federal cases involving firearms, drug trafficking, sex offenses, and other serious charges, and he has tried jury trials in federal court in the Eastern District.

Call or text 252-715-5785 to talk with Daniel Donahue about a federal investigation or charge.

Federal Courthouses We Cover

The Eastern District of North Carolina covers 44 counties, from Currituck County on the Virginia line to Brunswick County on the South Carolina line, plus parts of several others. Daniel Donahue represents clients in federal felony cases at the district’s courthouses in:

• Raleigh
• Greenville
• New Bern
• Wilmington
• Elizabeth City

Our office is in Nags Head. We represent clients from across eastern North Carolina, as well as people from other states charged in this district. If your case started with a citation from a park ranger on Cape Hatteras or Ocracoke, see federal charges in the Outer Banks.

Federal Charges We Defend

Drug Trafficking and Conspiracy

Most federal drug cases are charged under 21 U.S.C. Section 841 (distribution, or possession with intent to distribute) and Section 846 (conspiracy or attempt). A conspiracy carries the same penalties as the completed offense. The mandatory minimum depends on the type of drug and its weight:

The 5-year tier carries up to 40 years, and the 10-year tier carries up to life. If the government files notice of a qualifying prior conviction under 21 U.S.C. Section 851, those minimums rise to 10 and 15 years. If death or serious bodily injury results from use of the drug, the minimum is 20 years, even for amounts below these thresholds.

In the Fourth Circuit, which includes North Carolina, the drug weight that sets a mandatory minimum in a conspiracy case must be attributable to the individual defendant: amounts within the scope of that person’s agreement that were reasonably foreseeable to them. For state drug charges in Dare and Currituck counties, see our drug charges page.

Firearms Charges

• Possession by a prohibited person, 18 U.S.C. Section 922(g). Certain people may not possess a firearm or ammunition, including anyone with a prior conviction for a crime punishable by more than one year in prison, an unlawful user of a controlled substance, a person subject to a qualifying domestic violence protective order, and a person convicted of misdemeanor domestic violence. The maximum is 15 years.
• Using or carrying a firearm in a drug trafficking crime or crime of violence, 18 U.S.C. Section 924(c). The minimum is 5 years, 7 years if the gun was brandished, and 10 years if it was discharged. That sentence must run consecutively to any other sentence. A violation committed after an earlier 924(c) conviction is final carries a 25-year minimum.
• Armed Career Criminal Act, 18 U.S.C. Section 924(e). A person convicted under Section 922(g) who has three prior convictions for a violent felony or serious drug offense, committed on different occasions, faces a 15-year minimum.

A gun found during a state arrest or a traffic stop can be referred for federal prosecution.

Sex Offenses

• Receipt or distribution of child pornography, 18 U.S.C. Section 2252A(a)(2): 5-year minimum, up to 20 years.
• Possession of child pornography: up to 10 years, or up to 20 years if an image involves a prepubescent minor or a child under 12.
• Production, 18 U.S.C. Section 2251: 15-year minimum, up to 30 years.
• Online enticement of a minor, 18 U.S.C. Section 2422(b): 10-year minimum, up to life. Many of these cases come from undercover operations in which an officer poses as a minor.
• Failure to register as a sex offender, 18 U.S.C. Section 2250: up to 10 years.

Certain prior convictions raise these penalties. Many of these charges also carry a presumption of detention before trial, sex offender registration, and supervised release of at least 5 years and up to life after any prison term.

Other Federal Felonies

Other federal charges we handle include:

• Wire, mail, and bank fraud
• Aggravated identity theft, which carries a mandatory 2 years that must run consecutively to any other sentence
• Hobbs Act robbery and bank robbery
• Money laundering
• Illegal reentry after removal
• Supervised release and probation violations

How a Federal Felony Case Moves

1. Investigation and target letters. Federal cases usually begin with an investigation that can last months. A target letter from the U.S. Attorney’s Office means prosecutors have substantial evidence linking you to a crime and consider you a likely defendant. A target letter, a grand jury subpoena, or a visit from agents is a reason to call a lawyer right away.
2. Arrest and initial appearance. After an arrest, you are brought before a U.S. Magistrate Judge, who explains the charges, the maximum penalties, and your right to a lawyer.
3. Detention hearing. Under the Bail Reform Act, the government can ask the court to hold you until trial. The hearing is held at the first appearance unless either side asks for more time: up to 3 days for the government and up to 5 days for the defense, not counting weekends and holidays. A U.S. Pretrial Services officer interviews you and reports to the court. For most drug trafficking charges, Section 924(c) gun charges, and many sex offenses involving minors, the law presumes detention, and the defense must come forward with evidence to rebut that presumption.
4. Indictment and arraignment. A federal felony must be charged by grand jury indictment unless the defendant waives it. Under the Speedy Trial Act, the indictment generally must come within 30 days of arrest, and trial within 70 days of the later of the indictment or first appearance, but many delays are excluded from that count. At arraignment, you plead guilty or not guilty.
5. Discovery and pretrial motions. The government must turn over certain evidence before trial, which can include search warrants, recordings, lab reports, and phone extractions. The defense reviews it and can file motions, such as a motion to suppress evidence from an unlawful search.
6. Plea or trial. Most federal cases end in a plea agreement, which often includes a waiver of most appeal rights. Some agreements involve cooperation with the government. The decision to plead guilty or go to trial belongs to the client. At trial, a jury of twelve must unanimously find guilt beyond a reasonable doubt.
7. Sentencing. Federal sentencing has its own rules, explained in the next section.
8. Appeal. A notice of appeal must be filed within 14 days of the judgment. Appeals go to the U.S. Court of Appeals for the Fourth Circuit in Richmond.

Federal Sentencing

For many clients, sentencing is the most important stage of a federal case. Key points:

• Presentence report. A U.S. Probation Officer interviews the defendant and prepares a report that calculates the Federal Sentencing Guidelines. Both sides can object to it, and the judge resolves disputes at sentencing.
• The guidelines are advisory. The judge must calculate the guideline range but can sentence above or below it after considering the factors in 18 U.S.C. Section 3553(a), such as the person’s history and characteristics, the nature of the offense, and the need to avoid unwarranted disparities.
• Mandatory minimums. A statutory minimum generally binds the judge. The two main exceptions are the safety valve and substantial assistance.
• Safety valve. In certain drug cases, 18 U.S.C. Section 3553(f) allows a sentence below the mandatory minimum if the person has a limited criminal history, did not use violence or possess a weapon, the offense did not cause death or serious bodily injury, the person was not an organizer or leader, and the person has truthfully told the government everything they know about the offense.
• Substantial assistance. If the government files a motion stating that the person provided substantial assistance in investigating or prosecuting others, the judge can sentence below the guidelines and below a mandatory minimum. Only the government can file this motion.
• No parole. There is no parole in the federal system. A prisoner serving more than one year can earn up to 54 days of good conduct time per year, and some can earn First Step Act time credits for completing programs, though Section 924(c) offenses and child exploitation offenses are excluded from those credits.
• Supervised release. Most prison sentences are followed by a term of supervised release, which works much like probation. An alleged violation is decided by a judge, not a jury.

If a Family Member Was Arrested by Federal Agents

Families often make the first call. These steps help:

• Write down the person’s full name, date of birth, where they were arrested, and which agency made the arrest.
• Find out where they are being held. People arrested on federal charges are often housed in county jails under contract with the U.S. Marshals Service.
• Do not discuss the case on jail phones, video visits, or text messages. Those communications can be recorded or obtained and used as evidence.
• Call a lawyer before the detention hearing, which can take place within days of the arrest.

How We Can Help

• Advice before charges, including responding to a target letter or a request for an interview
• Representation at the initial appearance and detention hearing
• A full review of the government’s evidence, including search warrants, phone and recorded evidence, and lab reports
• Pretrial motions, including motions to suppress
• Plea negotiations with the U.S. Attorney’s Office
• Federal jury trials
• Sentencing advocacy, including guideline objections and mitigation
• Supervised release violation hearings

Frequently Asked Questions: Federal Felony Charges

Should I talk to federal agents if they contact me?

You have the right to remain silent and the right to a lawyer. Making a materially false statement to a federal agent is a separate federal crime under 18 U.S.C. Section 1001, even if you are never charged with anything else. Talk to a lawyer before any interview.

Will I be released before trial?

It depends on the charge, your criminal history, your ties to the community, and whether the court finds conditions that can reasonably assure you will appear and that the community will be safe. For many drug, gun, and sex offenses the law presumes detention, but that presumption can be rebutted. When release is granted, federal bonds often do not require posting money, and they come with conditions such as supervision by U.S. Pretrial Services.

How long does a federal case take?

The Speedy Trial Act sets deadlines, but many delays are excluded from them. Many federal felony cases take several months to resolve, and complex cases with many defendants or large amounts of evidence can take a year or more.

Is a federal charge more serious than a state charge?

Often, yes. Federal cases can carry mandatory minimum sentences, there is no parole, and federal prosecutors often bring charges only after a long investigation. Every case is different, though, and the government’s evidence still has to be tested.

Talk to a Federal Defense Lawyer

If you or someone you love is facing a federal investigation or charge in the Eastern District of North Carolina, call or text 252-715-5785. Se habla español.

Please do not include confidential or sensitive information in a contact form, text message, or voicemail.

This page is general information about federal criminal law, not legal advice for your situation.