Many people who need a Georgia federal criminal defense lawyer before they are formally charged with any crime. They might have received a letter, a subpoena, or a knock at the office from an investigator. What happens in that window shapes the rest of the case.
Griffin Durham Tanner & Clarkson LLC is a trial boutique led by former federal prosecutors. If federal agents have contacted you, your company, or someone who works for you, call our Atlanta office at (404) 891-9150 or our Savannah office at (912) 867-9140 to request a consultation.
Why clients choose Griffin Durham Tanner & Clarkson LLC
Clients choose us because we’ve been on the other side of the table. Our legal team built federal cases before they defended them, which means we know how a prosecutor decides whether to charge, what an agent is looking for in an interview, and which weaknesses in a case actually move a U.S. Attorney’s Office.
That matters most early. Federal investigations often run for a year or more before anyone is charged, and the government’s view of you can still change during that period. A defense that starts at indictment starts late.
- Former federal prosecutors. The firm’s founders served as go-to trial counsel during and after their government service, and have led investigations involving companies, executives, elected officials, and licensed professionals.
- We try cases. When the other side won’t resolve a matter fairly, our attorneys have tried and won major cases. Prosecutors negotiate differently with lawyers who are prepared to go to trial.
- Both sides of health care fraud. We’ve prosecuted and defended some of the largest False Claims Act cases in the Southeast, representing the government, whistleblowers, companies, and individuals. Health care fraud rarely stays purely criminal, and knowing how the civil side develops changes how we handle the criminal exposure.
- Over 20 declinations. In more than 20 federal criminal investigations, we’ve persuaded the government not to bring charges against our client at all.
If you’ve been contacted and you don’t yet know whether you’re a target, that’s the first question we can help answer.
What our clients say
“The attorneys at Griffin Durham Tanner Clarkson are experienced, knowledgeable, and caring. I highly recommend these guys to handle legal issues that you might have.” — Former client
Another recent client noted that the firm was “relentless in my defense while treating me with kindness during one of the hardest times in my life. I could not have asked for a better attorney or outcome.” — Former client
How does a federal criminal case usually start?
Not with an arrest. Federal white collar cases almost always begin quietly, and by the time you learn about one, the government has often been working on it for months. The first sign of federal investigation is usually one of these:
- A target letter. The U.S. Attorney’s Office tells you that you’re a target of a grand jury investigation. That means prosecutors believe substantial evidence links you to a crime.
- A grand jury subpoena. For your testimony, or for records from you or your business. A subpoena for records doesn’t tell you your own status, and that ambiguity is worth resolving quickly.
- Agents at your door or your office. Sometimes with a search warrant, sometimes just wanting to talk.
- A call from someone else’s lawyer, letting you know your name came up.
The government sorts people into three categories: targets, subjects, and witnesses. A target is someone prosecutors think they can charge. A subject is someone whose conduct falls within the investigation but whose status isn’t settled. A witness is neither. People move between those categories, sometimes because of what they say in an interview. Finding out where you stand, and whether that can be changed, is the work of the next few weeks.
What should you do if federal agents contact you?
You can say you’d like to speak with a lawyer before answering questions. That’s your right, and it isn’t an admission of anything.
The reason to use it is more practical than defensive. Agents usually arrive after they’ve already gathered records, and they’re measuring what you say against documents you haven’t seen. Making a false statement to a federal agent is its own federal crime, and it gets charged in cases where the underlying conduct never was. People talk themselves into trouble by trying to be helpful.
Hold on to everything in the meantime, because preserving records and messages protects you and removes an argument the government would otherwise be glad to make.
Then give us a call. The earlier we’re involved, the more there is to work with, including conversations with investigators that you’d rather not have yourself.
What kinds of federal cases do we handle?
White collar and business fraud
Our white collar criminal defense practice covers wire fraud, mail fraud, bank fraud, securities fraud, and procurement fraud, along with the false statement charges that often accompany them.Â
Health care fraud
Our health care fraud practice covers Medicare, Medicaid, and TRICARE billing, prescribing patterns, referral arrangements, and medical equipment. Anti-Kickback Statute and Stark Law questions frequently sit underneath these investigations, and a criminal case often runs alongside a civil False Claims Act matter built from the same records.
Tax offenses
We handle false returns, unreported income, employment tax matters, and cases that begin as a civil audit before they’re referred for criminal investigation.
Public corruption and bribery
We represent elected officials, government employees, contractors, and the business owners on the other side of the transaction.
Where are federal cases in Georgia prosecuted?
Georgia has three federal judicial districts, and which one you’re in affects everything from the prosecutors you’ll deal with to how quickly the case moves.
- The Northern District of Georgia covers Atlanta and most of north Georgia, with courthouses in Atlanta, Newnan, Rome, and Gainesville.
- The Middle District of Georgia covers central and south-central Georgia, including Macon, Columbus, Albany, Valdosta, and Athens.
- The Southern District of Georgia covers Savannah, Augusta, Brunswick, and the surrounding coastal and eastern counties.
Appeals from all three go to the Eleventh Circuit. We handle matters in all three districts from our Atlanta and Savannah offices.
What happens once federal charges are filed?
A federal felony charge generally requires a grand jury to return an indictment, though a defendant can waive that and proceed by information, which usually signals a negotiated resolution.
Initial appearance and release
You’ll appear before a federal magistrate judge, who decides whether you’re released while the case is pending. If the government asks for detention, that decision may come at a separate hearing a few days later. Federal court handles this differently from state court: money still appears, usually as a bond you sign rather than cash you post, but a judge isn’t permitted to set a financial condition that results in you being held. In most white collar cases, release on conditions is the normal outcome
Discovery and motions
The government produces its evidence, though some witness material doesn’t arrive until close to trial. This is where a case is usually won or lost. Suppression motions, challenges to how a search was conducted, and fights over what the government has failed to disclose all happen here.
Resolution or trial
According to the U.S. Sentencing Commission, roughly 97% of federal defendants convicted of a felony or serious misdemeanor plead guilty rather than being convicted at trial. That isn’t a reason to prepare a case as though it will settle, because prosecutors tend to offer better terms to defendants who are visibly ready to try one.
How are federal sentences decided?
Federal sentencing generally happens in two steps. First, the court calculates an advisory Sentencing Guidelines range. Then the judge decides on an appropriate sentence after considering the factors set out in federal law. Although the guidelines aren’t mandatory, they remain the starting point in every federal case.
In fraud cases, the government’s claimed loss amount often has a significant effect on the guideline range, and the defense may challenge those calculations. The judge also considers your personal history and the circumstances of the offense before deciding on a sentence. Some federal offenses carry mandatory minimum penalties that limit the judge’s discretion.
What happens between a plea and sentencing
Most of the sentencing work happens after the plea. A probation officer interviews you and drafts a report proposing how the guidelines apply to your case, and that report shapes the hearing.
You can decline to answer questions about the offense, but declining can cost you the acceptance credit, which is worth several levels. Your lawyer is entitled to be there, which is the reason not to go alone.
How long does a federal case take?
Longer than the deadlines suggest. The Speedy Trial Act sets a 70-day clock from indictment or first appearance to trial, but a long list of delays doesn’t count against that clock, and in a document-heavy case most of the calendar falls into that category.
Pretrial motions stop the clock. So do continuances a court grants because a case involving millions of pages of discovery can’t fairly be tried sooner. A complex white collar case commonly runs a year or more from charge to resolution, and the investigation beforehand often runs longer than the case does.
Much of that delay is requested by the defense, because a case rushed to trial is usually a case tried badly. If your case feels slow, the question worth asking isn’t why it’s taking so long. It’s what’s being done with the time.
What’s at stake beyond prison?
For most of our clients, prison isn’t the only thing keeping them up. A federal case can also reach:
- Professional licenses. Physicians, pharmacists, attorneys, accountants, and other licensees face separate board proceedings that can move on their own timeline.
- Program exclusion. A health care fraud conviction can bar you from Medicare and Medicaid participation, which for many practices ends the business.
- Government contracts. Suspension and debarment proceedings are administrative and can begin before any conviction.
- Security clearances and immigration status.
- Forfeiture and restitution, which can reach assets you don’t associate with the alleged conduct.
These consequences are handled by different agencies on different schedules, and some of them can be addressed while the criminal case is still pending. Raising them early is usually better than discovering them afterward.
Frequently asked questions about federal criminal cases in Georgia
Can I be charged without ever being arrested?
Yes, and it’s common in white collar cases. Prosecutors often obtain an indictment first, then arrange a voluntary surrender through your attorney. Some defendants receive a summons to appear rather than being taken into custody at all. If you have counsel before charges are filed, that process is usually handled without agents coming to your home or workplace.
Should I just explain things to investigators and clear this up?
That instinct is understandable and it’s the way most people get hurt. Agents typically interview you after they’ve already gathered documents, and they’re comparing what you say against records you haven’t reviewed. A false statement to a federal agent is chargeable on its own. If there’s a version of the facts worth sharing, it can be presented through counsel, in writing, after we know what the government has.
How long does the government have to bring charges?
For most federal offenses, five years from the conduct. Tax offenses generally carry six years, and fraud affecting a financial institution can carry ten. Conspiracy charges complicate the analysis, because the clock can run from the last act in furtherance of the agreement rather than from the beginning. Limitations questions are worth evaluating early, since they occasionally end an investigation without a charge.
Can a federal conviction be expunged?
Generally no. There’s no broad federal expungement statute, and Georgia’s record restriction process applies to Georgia records rather than federal ones. Realistic relief is limited to a presidential pardon and a narrow first-offender exception in certain drug possession cases. That’s a significant reason to fight a federal charge rather than resolve it quickly, and it’s worth understanding before you make that decision.
Talk to a Georgia federal criminal defense attorney
If you’ve received a target letter or a subpoena, or agents have asked to speak with you, the useful window is now, before anyone has decided what to do with you. We can find out where you stand and what can still be influenced.
Call Griffin Durham Tanner & Clarkson LLC at (404) 891-9150, or contact us online to arrange a consultation.
