Austin Federal Criminal Defense Lawyers

Last Updated on: 19th April 2025, 12:17 am

AUSTIN FEDERAL CRIMINAL DEFENSE LAWYERS

OVER 50 YEARS OF COMBINED EXPERIENCE

If you landed on this page, then an uncomfortable truth is staring at you — somewhere inside the U.S. Attorney’s Office for the Western District of Texas a file has your name on it, and federal agents in Austin are connecting dots. The moment that file exists, every decision you make will either increase your odds of freedom or tighten the noose. We write this, not to scare you, but to yank you into reality. Federal court is different from state court, the rules are unforgiving, and the sentencing tables don’t care about good intentions; they care about statutes, guideline scores, and aggravating factors.

WHY AUSTIN MATTERS — AND WHY THE VENUE IS NO ACCIDENT

Austin is the seat of the Western District’s Austin Division. That means your case will likely be heard in the Austin federal courthouse, where judges apply the Federal Rules of Criminal Procedure to the letter. The prosecutors here handle a staggering range of offenses: high‑dollar wire fraud driven by the region’s booming tech sector, export‑control violations tied to semiconductor manufacture, immigration‑related charges flowing up IH‑35, firearm offenses crossing county lines, and classic drug conspiracies that stretch from Eagle Pass to Austin’s warehouses. Each category carries unique statutory penalties, yet they share two constants — the speed of a federal timeline and the weight of federal sentencing.

SINGLE‑LINE REALITY CHECK

Federal charges mean potential prison time — not probation fantasies.

THE PROCESS — STEP BY STEP, WITH CONSEQUENCES ATTACHED

1. Investigation & Target Letter

It starts quietly: a subpoena to your bank, a surprise interview with a co‑worker, or a target letter that arrives in plain packaging. Statement: A target letter is an explicit notice that you sit in the crosshairs of an investigation. Consequence: Anything you say, from that moment forward, can be weaponised under 18 U.S.C. § 1001, exposing you to an additional false‑statement count and ratcheting up guideline points.

2. Grand Jury Subpoena

Next comes the subpoena — not a request, a command. Statement: Failure to appear can result in a contempt citation and immediate arrest. Consequence: Even if you appear, sloppy testimony may hand prosecutors a perjury theory, and the grand jury can return an indictment the same afternoon.

3. Indictment & Initial Appearance

Once indicted, you are brought to the Austin federal courthouse for your initial appearance. Statement: The magistrate judge will decide whether you walk out the door or head to GEO Group’s detention facility in Hutto. Consequence: Pre‑trial detention cripples your ability to review discovery, crushes family life, and often pressures defendants into premature plea agreements.

4. Arraignment & Discovery

At arraignment you enter a plea, the government discloses Rule 16 materials, and a scheduling order sets brutal deadlines. Statement: Miss a motions deadline and you forfeit critical challenges under the Fourth and Fifth Amendments. Consequence: Evidence obtained in a warrantless search that could have been suppressed remains in play, boosting trial risk and sentencing exposure.

5. Plea Negotiations or Trial

Ninety‑plus percent of federal cases resolve by plea. Statement: Plea negotiations are math exercises dominated by the U.S. Sentencing Guidelines. Consequence: Miscalculate Criminal History Category or offense level enhancements, and you can add years — sometimes decades — to the bottom‑line.

6. Sentencing

A Presentence Investigation Report (PSR) arrives stuffed with facts, some wrong, many damaging. Statement: An unchecked PSR cements the judge’s baseline for imprisonment, restitution, and supervised release conditions. Consequence: One careless paragraph in that report can justify an upward variance, sinking any hope of a short stretch at Bastrop FCI and steering you toward Big Spring or worse.

COMMON FEDERAL CHARGES FILED IN AUSTIN

Wire Fraud — 18 U.S.C. § 1343: Carries up to 20 years. Tech start‑ups that misstate KPIs to investors often trigger this charge. Beyond prison, restitution can exceed the loss amount, and a felony conviction bars you from SBA funding forever.

Money Laundering — 18 U.S.C. § 1956: Up to 20 years plus steep forfeiture. Laundering crypto through Austin’s many Bitcoin ATMs seems clever until FinCEN data matches wallet addresses. A seizure warrant can freeze your exchange accounts overnight.

Controlled Substances — 21 U.S.C. § 841: Quantity determines mandatory minimums. Five kilograms of cocaine equals a ten‑year floor. Add a firearm under 18 U.S.C. § 924(c) and you stack an extra five, consecutive.

False Statements — 18 U.S.C. § 1001: Simple, lethal, often attached as leverage. Saying “I don’t remember” when you clearly do, exposes you to five years. That single count, standing alone, can eliminate professional licenses and immigration options.

HOW WE DEFEND YOU — SPECIFIC STRATEGIES, NO B.S.

EARLY INTERVENTION

We push ourselves into the case before indictment whenever possible. That means direct communication with the Criminal Division, proffer agreements only if they protect you, and parallel PSR mitigation packets long before probation calls. Early intervention can convince prosecutors to drop aggravating enhancements (think leadership role under §3B1.1). Lose that enhancement and the guideline range drops; that single shift turns 151‑188 months into 121‑151. The difference is not trivia — it’s years of your life.

JURISDICTION ATTACKS

Federal jurisdiction is not automatic. We examine whether the allegedly fraudulent wire crossed state lines, whether the firearm travelled in commerce, whether ICE agents respected border‑search limits. If jurisdiction fails, the indictment collapses. When that happens, prosecutors scramble to re‑file lesser state counts, and leverage swings back to you.

SUPPRESSION MOTIONS

Agents love digital forensics. They hate suppression hearings. We subpoena Cellebrite extraction logs, highlight chain‑of‑custody gaps, and force the government to prove every swipe. If they cannot, evidence is excluded, the trial narrative fractures, and plea offers improve. A single suppressed laptop dump can gut a conspiracy count and slash restitution by six figures.

GUIDELINE WARFARE

The PSR is our battleground. We challenge loss‑amount calculations under U.S.S.G. § 2B1.1, argue minor‑role reductions, fight uncharged relevant conduct, and supply counter‑narratives from forensic accountants. Each downward adjustment is a chunk of freedom. Judges in Austin respect well‑supported objections; they disregard whiny complaints. We produce evidence — spreadsheets, affidavits, psych evaluations — because facts move numbers, and numbers decide where you sleep.

TRIAL OR WHAT IT REALLY MEANS

Going to trial is not romantic; it is risk calculus. We only recommend it when a viable factual defense exists or when the plea offer remains worse than the post‑trial maximum. Our trial teams build thematic arcs, anticipate Jencks disclosures, and blunt hearsay with precise Rule 806 attacks. Victory is acquittal; a close second is hung jury followed by a plea to a single count minus enhancements. Lose completely and you face an acceptance‑of‑responsibility penalty plus obstruction. Brutally honest: some cases are not trial cases — they are mitigation cases. We tell you which one you have.

UNIQUE AUSTIN DYNAMICS — LOCAL PRESSURES, LOCAL OPPORTUNITIES

The Western District’s judges enforce strict discovery deadlines but permit remote hearings on ancillary matters, letting us appear by video and cut costs. Jurors skew tech‑savvy, which demands clear explanations of blockchain, SaaS revenue models, and export classification numbers under 15 C.F.R. Part 774. We invest in subject‑matter experts early, because one expert affidavit can deflate an entire theory of fraud. Conversely, jurors distrust government overreach; a well‑placed cross‑exam about investigative shortcuts can erode credibility fast.

FREQUENT QUESTIONS, DIRECT ANSWERS

Q: Do federal agents have to read me Miranda rights?
A: Only if you are both in custody and interrogated. If agents knock at 6 a.m., ask “am I free to leave?” If the answer is no, stop talking until counsel arrives. Silence protects you; explanations bury you.

Q: Should I meet with the Assistant U.S. Attorney to tell “my side”?
A: Alone? No. Everything you say becomes exhibit material. Bring counsel or stay home. Anything less is self‑sabotage.

Q: What happens to my professional license?
A: Convictions for crimes of moral turpitude trigger mandatory Texas licensing board reviews. Revocation means unemployment, lost insurance panels, and reputational damage that lingers long after supervised release.

Q: Is cooperation worth it?
A: Sometimes. Substantial‑assistance motions under U.S.S.G. § 5K1.1 and Rule 35 can shave years, but cooperation invites retaliation and lifelong security concerns. We weigh upside and downside with brutal honesty before any proffer.

SAMPLE RESULTS — WHAT SUCCESS LOOKS LIKE

Drug Conspiracy, Austin: Client facing 10‑year mandatory minimum under 21 U.S.C. § 841(b)(1)(A). We proved safety‑valve eligibility, eliminated the mandatory minimum, and secured a 37‑month sentence followed by RDAP admission. Consequence: client reunites with family within three years rather than a decade.

Wire Fraud, Cedar Park Start‑Up: Loss amount alleged $4.8 million. Through forensic accounting we established $1.2 million actual loss, cut the offense level by two tiers, obtained a downward variance, and replaced incarceration with home confinement plus restitution. Consequence: founder keeps voting rights, remains COO, and rebuilds company under strict compliance plan.

OUR FIRM — SPODEK LAW GROUP

We are Spodek Law Group, a nationwide team led by Todd Spodek. We maintain a digital client portal, so Austin residents track filings in real time; no phone‑tag, no anxiety. Our attorneys have handled cases spotlighted by The New York Times, Bloomberg, and Netflix’s “Inventing Anna.” That media pressure forged our courtroom discipline — we know how to manage narratives, deflect cameras, and keep jurors focused on facts, not headlines.

We accept a limited docket because bandwidth equals quality. If we take you, it’s because we believe we can improve your outcome. No empty promises, no sugar‑coating. You pay for strategy, candor, and results.

CALL TO ACTION

Speak to an attorney, today: 888‑997‑5177. We answer 24/7.

Email preferred? Use the encrypted form at the bottom of this page. One of us will respond within the hour — not tomorrow, not when it’s convenient. Delay kills leverage; we refuse to watch that happen.

DISCLAIMER

The material above is for informational purposes only and does not constitute legal advice. Each case turns on its specific facts, statutory thresholds, and guideline computations. Contact with Spodek Law Group through this article does not create an attorney‑client relationship. Do not transmit confidential information until an engagement letter is signed. For a full explanation of the federal criminal process, consult the Administrative Office of the U.S. Courts. For sentencing inquiries review the official 2023 Federal Sentencing Guidelines Manual. Every legal matter involves risk; competent counsel minimises it, no counsel magnifies it.

© 2025 Spodek Law Group — Nationwide Federal Defense, Austin Division.