Colorado Springs Federal Crimes Lawyer
Colorado Springs Federal Criminal Defense
On This Page
- Facing Federal Charges in Colorado Springs?
- How Federal Cases Differ From State Cases
- Common Federal Charges
- Offenses on Military Installations
- Federal Investigations and Target Letters
- How a Federal Case Moves Through Court
- Plea Agreements and Cooperation
- Federal Sentencing
- Supervised Release and Violations
- How Federal Charges Are Defended
- Working With a Colorado Springs Federal Defense Lawyer
- Frequently Asked Questions
- Sources
Facing Federal Charges in Colorado Springs?
Federal criminal cases are different from state cases in almost every way: different investigators, different prosecutors, different courts, different rules, and a different sentencing system. Many federal cases begin long before an arrest, with an investigation by the FBI, DEA, ATF, Homeland Security Investigations, the IRS, or a military investigative agency.
The Colorado Springs area has a significant federal presence, including Fort Carson, Peterson and Schriever Space Force Bases, the Air Force Academy, and other federal facilities. Offenses on those installations, as well as drug, firearm, fraud, and internet-related crimes, are often charged federally.
This page explains how federal cases differ from state cases, common federal charges, offenses on military installations, how federal cases move through court, and how federal sentencing works for people in the Colorado Springs area.
If Federal Agents Contact You
- You are not required to answer questions. Politely decline and ask to speak with a lawyer.
- Do not lie to federal agents. Making a false statement to a federal agent is a separate federal crime.
- Do not destroy documents or devices. Destroying evidence can lead to obstruction charges.
- If you receive a target letter or subpoena, contact a lawyer before responding.
How Federal Cases Differ From State Cases
| Issue | State Case | Federal Case |
|---|---|---|
| Prosecutor | District Attorney | United States Attorney's Office for the District of Colorado |
| Court | El Paso County Court or District Court | U.S. District Court for the District of Colorado |
| Charging | Usually a complaint or information | Felonies generally require a grand jury indictment |
| Sentencing | Colorado presumptive ranges | Federal Sentencing Guidelines and statutory minimums and maximums |
| Parole | Mandatory parole after prison | No parole; supervised release follows prison |
The U.S. District Court for the District of Colorado has courthouses in Denver and a U.S. Courthouse in Colorado Springs at 212 N. Wahsatch Avenue.
Many federal criminal proceedings for the Colorado Springs area take place in Denver.
Federal investigations are often more extensive than state investigations, and federal prosecutors frequently have months or years of evidence before charges are filed. That makes early involvement of a lawyer especially important.
Common Federal Charges
- Drug offenses, including possession with intent to distribute, distribution, and conspiracy, which can carry mandatory minimum sentences based on drug type and quantity. See our drug crimes page.
- Firearm offenses, including possession by a prohibited person, false statements on purchase forms, and possessing a firearm in connection with a drug trafficking crime or crime of violence. See our weapons charges page.
- Fraud, including wire fraud, mail fraud, bank fraud, health care fraud, and government program fraud. See our white collar crimes page.
- Internet and computer crimes, including unauthorized computer access and offenses involving online communications.
- Immigration-related offenses, such as illegal reentry.
- Tax offenses, including tax evasion and failure to file.
- Threats, including threats communicated across state lines or online.
- Offenses on federal property, including national forests, federal buildings, and military installations.
Offenses on Military Installations
Civilians and off-duty service members who are cited or arrested on Fort Carson, Peterson Space Force Base, Schriever Space Force Base, or the Air Force Academy can face federal charges. These include traffic offenses, DUI, shoplifting at base exchanges, drug possession, and assault.
- Federal citations. Many lower-level offenses on installations are charged by a federal violation notice, which is handled in federal court before a U.S. magistrate judge.
- State law on federal land. Under the federal Assimilative Crimes Act, when there is no specific federal law covering conduct on a federal installation, Colorado law can be applied in federal court.
- Military consequences. Service members may face both federal civilian charges and military action, including administrative separation or proceedings under the Uniform Code of Military Justice.
- Base access. A charge can lead to suspension of on-base driving privileges or a bar from the installation.
Federal Investigations and Target Letters
Many federal cases begin with an investigation that the person may not know about. Signs of a federal investigation include a visit from agents, a grand jury subpoena for documents or testimony, a search warrant, or a target letter informing a person that they are a target of a grand jury investigation.
The period before charges are filed is often the most effective opportunity to influence the outcome. A lawyer can communicate with the prosecutor, respond to subpoenas, and in some cases present information that leads to no charges, lesser charges, or a negotiated resolution before indictment.
How a Federal Case Moves Through Court
- Arrest or summons. A person may be arrested on a complaint or indictment, or summoned to appear.
- Initial appearance. A magistrate judge advises the person of the charges and rights and addresses counsel.
- Detention hearing. Under the Bail Reform Act, the court decides whether to release the person on conditions or hold them pending trial. In some drug and firearm cases, there is a presumption in favor of detention.
- Indictment. Felony charges are generally brought by grand jury indictment.
- Arraignment and discovery. The person enters a plea, and the government provides discovery.
- Motions. The defense can move to suppress evidence, dismiss charges, or obtain additional discovery.
- Plea negotiations. Most federal cases are resolved by plea agreement, which may address the charges, sentencing guidelines calculations, and cooperation.
- Trial. If the case does not resolve, a jury of 12 must unanimously find guilt beyond a reasonable doubt.
- Sentencing. The probation office prepares a presentence report, and the judge imposes a sentence after considering the guidelines and other factors.
The federal Speedy Trial Act sets deadlines for indictment and trial, though those deadlines are frequently extended in complex cases.
Plea Agreements and Cooperation
Most federal criminal cases end in a plea agreement. Federal plea agreements often address not only the charge but also the sentencing guidelines calculation, including the loss amount, drug quantity, and acceptance of responsibility, which can reduce the guidelines range.
Some people are offered the opportunity to cooperate with the government by providing information or testimony about others. Cooperation can lead to a motion for a sentence below the guidelines range or below a mandatory minimum, but it carries serious risks and obligations, and the decision belongs to the government. Any discussion with prosecutors about cooperation should happen only with a lawyer and, ordinarily, under a written agreement that limits how statements can be used.
Detention Hearings
Whether a person is released while a federal case is pending is decided at a detention hearing, usually within days of the initial appearance. The court considers the nature of the charges, the weight of the evidence, the person's history and ties to the community, and any danger or flight risk. In some drug and firearm cases, the law presumes that no conditions will be enough, and the defense must present evidence to rebut that presumption. Release conditions commonly include supervision by Pretrial Services, travel restrictions, and in some cases location monitoring.
Federal Sentencing
Federal sentencing begins with the United States Sentencing Guidelines, which calculate a recommended range based on the offense, specific characteristics such as drug quantity or financial loss, and the person's criminal history. The guidelines are advisory, and judges must also consider the factors in 18 U.S.C. 3553(a), including the nature of the offense, the person's history, and the need to avoid unwarranted disparities.
- Mandatory minimums. Some drug and firearm offenses carry mandatory minimum prison terms set by statute. In some drug cases, a "safety valve" allows a sentence below the minimum for eligible people.
- No parole. Federal prisoners do not receive parole. Good conduct time can reduce a sentence by up to 54 days per year, and some programs can provide additional credits.
- Supervised release. Most federal prison sentences are followed by a term of supervised release with conditions similar to probation.
- Restitution and forfeiture. Fraud and drug cases often include restitution orders and forfeiture of property.
Supervised Release and Violations
Most federal prison sentences are followed by a term of supervised release, overseen by the U.S. Probation Office. Conditions are similar to state probation and can include reporting, testing, treatment, employment, and restrictions on travel and associations.
A violation of supervised release can lead to a revocation hearing before the federal judge and additional prison time. As with state probation, early communication, documentation of compliance, and a realistic plan can make a significant difference in how violations are resolved.
How Federal Charges Are Defended
No lawyer can promise a particular result, but these are the areas where federal cases are most often improved.
Early Intervention
Engaging with prosecutors before charges are filed can sometimes prevent charges or narrow them.
Suppression of Evidence
Federal cases often depend on search warrants, wiretaps, phone and computer searches, and statements. Challenging the legality of that evidence can be decisive.
Guidelines Calculations
Disputes over drug quantity, loss amount, role in the offense, and criminal history can change the guidelines range by years.
Mitigation
A person's history, family responsibilities, military service, health, and rehabilitation can support a sentence below the guidelines range.
Trial
When the evidence is weak, trial remains an important option, and preparing for trial strengthens the defense's position in negotiations.
Working With a Colorado Springs Federal Defense Lawyer
Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995 and is a former municipal court judge. He represents people facing federal investigations and charges in the U.S. District Court for the District of Colorado, including cases arising on military installations in the Colorado Springs area.
A first meeting covers the investigation or charges, any contact with agents, detention issues, and the realistic sentencing exposure.
Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.
Frequently Asked Questions
What makes a crime federal instead of state?
A crime is federal when it violates a federal statute. That often happens when the conduct crosses state lines, uses the mail or interstate wires, involves federal property or programs, or involves drugs and firearms that federal law regulates. Some conduct can be charged by either system.
Where are federal cases from Colorado Springs heard?
In the U.S. District Court for the District of Colorado, which has courthouses in Denver and a U.S. Courthouse in Colorado Springs at 212 N. Wahsatch Avenue.
Many proceedings take place in Denver.
What should I do if I receive a target letter?
Do not contact the prosecutor or agents on your own. A lawyer can respond, learn about the investigation, and advise you on whether and how to communicate with the government.
Is there parole in the federal system?
No. Federal prisoners serve their sentences, reduced only by good conduct time and certain program credits, followed by supervised release.
What happens if I get a ticket on Fort Carson?
Many on-base offenses are charged by a federal violation notice and handled before a U.S. magistrate judge. Service members may also face military consequences, and civilians may lose base access.
Can a state case become a federal case?
Yes. Federal prosecutors sometimes adopt cases that began in state court, particularly drug and firearm cases. Understanding the federal exposure early can affect how the state case is handled.
Will I be held in jail while my federal case is pending?
Many people are released on conditions after a detention hearing. In some drug and firearm cases, the law presumes detention, and the defense must present evidence to overcome that presumption.
Do federal sentences have to follow the guidelines?
No. The guidelines are advisory. Judges must calculate them and consider them, but they can impose a different sentence based on the factors in federal law, subject to any mandatory minimum.
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