Why Federal Conviction Rates Are So High (and What a Shreveport Defense Lawyer Does Differently)

The federal conviction rate is extraordinarily high. According to the latest data from the Pew Research Center, “[i]n fiscal year 2022, only 290 of 71,954 defendants in federal criminal cases – about 0.4% – went to trial and were acquitted,” while 1,379 went to trial and were found guilty. The Pew Research Center also reports that approximately 90 percent of federal criminal defendants plead guilty, which means the overall federal conviction rate is in the range of 92 percent.

There are several reasons why.

If you are facing federal criminal charges, understanding these reasons is important. If you know why the federal conviction rate is so high, you can use this information to make strategic decisions about your defense. Crucially, making strategic decisions starts with hiring an experienced Shreveport federal criminal defense lawyer to represent you, as defending against high-stakes federal charges requires highly experienced legal representation.

Understanding Why the Federal Conviction Rate is So High

So, why is the federal conviction rate so high? As we noted above, several factors contribute to the nearly 92 percent conviction rate in federal criminal cases. Some of the primary factors are:

1. The Federal Government’s Vast Investigative Resources

The federal government has vast investigative resources at its disposal. Federal agents and prosecutors leverage these resources to their advantage—and, in many cases, targets of federal investigations will not find out that they are being targeted until the government’s investigation is already well underway.

While the U.S. Department of Justice (DOJ) is the nation’s top law enforcement agency, several federal agencies use their resources to assist DOJ prosecutors with building criminal cases. These agencies include (but are by no means limited to):

• Federal Bureau of Investigation (FBI)
• Immigration and Customs Enforcement (ICE)
• Internal Revenue Service Criminal Investigation (IRS CI)
• U.S. Drug Enforcement Administration (DEA)
• U.S. Postal Inspection Service (USPIS)
• U.S. Secret Service and U.S. Marshals Service (USMS)
• U.S. Securities and Exchange Commission (SEC)

With thousands of agents and billions of dollars at their disposal, these agencies (among others) clearly have the upper hand in federal criminal cases. But, even with this being the case, building a successful defense is not impossible—provided that targets and defendants have an experienced defense lawyer on their side.

2. The DOJ’s Commitment to Maintaining a High Conviction Rate

The DOJ is proud of its high conviction rate and is committed to maintaining it for as long as possible. To do so, not only does the DOJ rely heavily on the federal government’s vast law enforcement resources, but it also pursues cases that federal prosecutors believe they can win.

In all cases, federal prosecutors (and state prosecutors) are only supposed to pursue charges they believe they can prove at trial. To protect their conviction rates, some prosecutors are even more selective than the law requires. While this helps to conserve the government’s resources, it also means that the vast majority of federal criminal prosecutions are successful—whether they result in a plea bargain or a conviction at trial.

3. The Low Trial Rate in Federal Criminal Cases

As noted above, approximately 90 percent of all federal criminal cases result in guilty pleas. Approximately 8% of all federal criminal cases are dismissed prior to trial, meaning only about 2% are tried on the merits in court. This low trial rate also helps protect federal prosecutors’ conviction rates. If prosecutors only need to fight for a conviction in two out of every 100 cases, it’s not hard to see why so many defendants end up facing life-altering consequences.

4. The Substantial Penalties for Federal Crimes

This raises another important question: Why do so many federal defendants plead guilty? While there are several factors, two of the key factors are almost certainly: (i) the substantial penalties for federal crimes; and (ii) the complexity of the federal criminal justice process.

Many federal crimes carry potential fines of up to six figures and up to a decade or more behind bars. With the stakes so high, many defendants enter plea bargains to avoid the harshest possible penalties. Entering into a plea bargain involves pleading guilty, and this contributes to the DOJ’s conviction rate.  

5. The Complexity of the Federal Criminal Justice Process

The complexity of the criminal justice process contributes to the significant percentage of federal defendants who plead guilty. In some cases, defendants who plead guilty either don’t understand their legal rights or simply aren’t prepared to try to take on the federal government. While it is unfortunate, some federal defendants plead guilty when they could—and should—have fought to avoid unnecessary consequences.

How an Experienced Shreveport Federal Criminal Defense Lawyer Can Help

With these factors in mind, if you are facing federal charges, how can an experienced federal criminal defense lawyer help you? As long as you engage an experienced defense lawyer early enough in the process, your lawyer may be able to:

• Intervene in the federal government’s investigation and protect your constitutional rights during the process;
• Work to secure a favorable resolution before the DOJ seeks an indictment from a federal grand jury;
• Represent you during the grand jury process, challenging the DOJ’s evidence of probable cause and seeking to prevent an indictment;
• Represent you during the pre-trial litigation process, working to secure dismissal of your federal charges prior to trial; and/or,
• Fight the DOJ’s case against you at trial, challenging the admissibility of the government’s evidence and presenting additional evidence that raises doubt about your guilt.

Request a Confidential Consultation with Shreveport Federal Criminal Defense Lawyer Lee Harville

Are you facing a federal investigation or federal charges in Louisiana? If so, we can help, but it is important that you contact us promptly. To request a confidential consultation with Shreveport federal criminal defense lawyer Lee Harville, call 318-222-1700 or tell us how we can reach you online now.