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Frequently Asked Questions
Find answers to common questions about federal criminal defense and our legal services.
All Questions
21 questionsPagán Law specializes in high-stakes criminal defense, including federal white collar crimes, drug offenses, firearms charges, and violent crimes. We defend federal cases nationwide.
Do not speak to federal agents without an attorney present. You have the constitutional right to remain silent under the Fifth Amendment. Politely decline to answer questions and immediately contact a federal defense attorney. Anything you say can and will be used against you.
Initial consultations are confidential and free. We understand the urgency of criminal matters and respond promptly to all inquiries. Contact us to discuss your case and learn about your options.
Yes. We defend federal cases nationwide. Federal cases can be prosecuted in any federal district, and we have experience practicing before courts across the country. Our office is based in Washington, D.C.
Federal charges are brought by the U.S. Attorney's Office and prosecuted in federal court, often involving offenses that cross state lines, federal property, or federal laws (like drug trafficking, wire fraud, or tax crimes). Federal cases typically carry harsher penalties and are investigated by agencies like the FBI, DEA, and IRS. State charges are prosecuted by local prosecutors in state courts.
Paulette M. Pagán is a federal litigator with extensive experience in complex criminal defense. She has practiced before federal courts across the country and brings a strategic, aggressive approach to every case. Her practice focuses exclusively on criminal defense, giving clients the benefit of specialized expertise.
A boutique firm provides personalized attention that large firms cannot match. Your case won't be handed off to junior associates—you work directly with Attorney Pagán. We take fewer cases to ensure each client receives the focused, aggressive representation their case demands.
We defend federal cases nationwide. Based in Washington, D.C., we represent clients in federal courts across the country, providing the same level of dedicated, aggressive representation regardless of jurisdiction.
White collar crime refers to financially motivated, non-violent offenses typically committed in business or professional settings. Common examples include securities fraud, embezzlement, money laundering, healthcare fraud, tax evasion, and bank fraud. These cases often involve complex financial transactions and extensive documentation.
White collar crimes carry severe federal penalties. Wire fraud and mail fraud carry up to 20 years (30 years if a financial institution is involved). Securities fraud carries up to 25 years. Money laundering carries up to 20 years per count. Additionally, defendants often face substantial fines, restitution, and asset forfeiture.
Lack of knowledge can be a powerful defense. However, prosecutors often argue 'willful blindness'—that you deliberately avoided learning about illegal conduct. Building an effective defense requires demonstrating your good faith and lack of intent to defraud. This is why early intervention by experienced counsel is critical.
This decision requires careful strategic analysis. Cooperation can lead to reduced charges or sentences through proffer agreements and 5K1.1 motions. However, premature or poorly managed cooperation can expose you to additional liability. Never speak to investigators without counsel who can evaluate the full strategic landscape.
Federal drug charges typically involve larger quantities, trafficking across state lines, or cases adopted by federal agencies. Federal penalties are generally much harsher, with mandatory minimum sentences. For example, trafficking 500 grams of cocaine carries a 5-year federal mandatory minimum, while 5 kilograms triggers a 10-year minimum.
Mandatory minimums are fixed sentences required by law based on drug type and quantity. Judges must impose at least this sentence regardless of circumstances. However, the 'safety valve' provision may allow sentences below the mandatory minimum for non-violent, first-time offenders who meet specific criteria.
Yes, through several mechanisms: challenging the drug quantity calculation, negotiating plea agreements to lesser charges, qualifying for the safety valve, providing substantial assistance to prosecutors (5K1.1 motion), or successfully arguing for a variance at sentencing based on mitigating factors.
Under 18 U.S.C. § 922(g), it is a federal crime for a convicted felon to possess any firearm or ammunition. This applies even if the prior conviction was a state offense. The maximum penalty is 10 years, but the Armed Career Criminal Act can increase this to 15 years mandatory minimum for repeat offenders.
A 924(c) charge adds a mandatory consecutive sentence for using or carrying a firearm during a drug trafficking crime or crime of violence. The first offense carries a 5-year minimum (7 years if brandished, 10 if discharged). Second offenses carry 25-year mandatory minimums. These sentences run consecutively to the underlying offense.
In limited circumstances, yes. Some states allow restoration of firearm rights after expungement or pardon. Federal restoration is possible through presidential pardon. The specific path depends on the nature of the conviction and jurisdiction. This is a complex area requiring careful legal analysis.
Violent crimes involve force or threat of force against another person. Common examples include assault, battery, robbery, homicide, domestic violence, and kidnapping. These offenses carry serious penalties and can trigger sentencing enhancements for using weapons or causing serious injury.
Self-defense is a legal justification for using force when you reasonably believe it's necessary to protect yourself from imminent harm. The force used must be proportional to the threat. Some jurisdictions require a duty to retreat before using force; others have 'stand your ground' laws. Self-defense claims require careful evidence gathering.
Assault is the threat or attempt to cause harm—placing someone in reasonable fear of imminent bodily harm. Battery is the actual physical contact or harm. You can commit assault without battery (threatening without touching) or battery without assault (harming someone from behind without warning).
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