How Federal Criminal Investigations Work in the Northern District of New York

How long do federal investigations take? There is no set length. Some run for months, others for years, and the person under investigation may learn of it late. Prosecutors generally have five years from the offense to charge, under 18 U.S.C. §3282, unless another law allows more. After an arrest, much faster deadlines apply.

Here is the federal criminal investigation process in plain words, with a focus on Syracuse and the Northern District of New York (NDNY).

How long do federal investigations take?

No rule caps how long an investigation can run. The limit that matters is the statute of limitations.

For most federal crimes, 18 U.S.C. §3282(a) allows five years from the offense to file an indictment or information, unless another law says otherwise. Congress has set longer periods for some offenses.

A federal grand jury also has a term. Federal grand juries generally serve for 18 months, and a court may extend that by six months if it finds the extension is in the public interest, according to the Justice Department.

An arrest changes the pace. Under 18 U.S.C. §3161(b), a charging document must be filed within 30 days of arrest or service of a summons. Under §3161(c)(1), trial must start within 70 days of the indictment or your court appearance, whichever is later. Section 3161(h) excludes many delays, such as pretrial motions.

That is why “how long do federal investigations take?” has no single answer.

How do federal criminal cases start in Syracuse and the Northern District?

Federal cases often start quietly, with a tip from the public, a referral from another agency, or a cooperating witness. These agencies commonly lead the work:

• DEA: enforces the controlled substances laws.
• ATF: investigates crimes involving firearms, explosives, and arson.
• HSI (Homeland Security Investigations): investigates cross-border crime tied to customs and immigration laws.
• IRS-CI (IRS Criminal Investigation): investigates tax crimes and related financial crimes, such as money laundering.
• USPIS (U.S. Postal Inspection Service): investigates crimes involving the mail, including mail fraud.
• FBI: works many types of federal cases, often with other agencies.

In our area, the U.S. Attorney’s Office for the Northern District of New York decides whether to bring federal charges. The district covers 32 counties in upstate New York, and the office has a staffed location in Syracuse. Federal judges also sit in Syracuse.

What are the federal investigation stages?

How long federal investigations take depends on where a case sits in this path.

Stage	What happens	What you should do
Investigation	Agents gather records, interview witnesses, and may use warrants and subpoenas. You may not know.	Do not delete or alter anything.
Agent contact or subpoena	Agents ask for an interview, or a grand jury subpoena arrives.	Stay polite, ask for a lawyer before answering, and never ignore a subpoena.
Search warrant	A judge authorizes a search based on probable cause.	Do not interfere or move items. Call a lawyer.
Grand jury	Prosecutors present evidence in secret. At least 12 jurors must agree to indict.	Have a lawyer assess your status before any testimony.
Charge	An indictment, or an information if the defendant waives indictment.	Do not waive without legal advice.
Arraignment and discovery	You enter a plea. The government shares evidence.	Review everything with your lawyer and track deadlines.
Plea or trial	The case resolves by plea agreement or goes to trial.	Weigh the evidence, the exposure, and your goals.
Sentencing	The court calculates a guideline range and weighs statutory factors.	Start gathering mitigation early.

What is the difference between a target, a subject, and a witness?

Justice Department policy sorts people in a grand jury investigation into three groups, as described in Justice Manual 9-11.151.

• A target is a person the prosecutor or grand jury has substantial evidence linking to a crime and who, in the prosecutor’s judgment, is a likely defendant.
• A subject is a person whose conduct is within the scope of the grand jury’s investigation.
• A witness is someone with information relevant to the case.

Some people learn their status from a target letter. Do not assume you are only a witness. These labels reflect how prosecutors see the case at one moment, and they may change as evidence develops.

What is a federal grand jury, and what does a grand jury subpoena require?

A federal grand jury has 16 to 23 members under Fed. R. Crim. P. 6(a)(1). At least 12 must agree to indict under Rule 6(f).

It meets in secret, and no judge presides. Rule 6(d) limits who may be in the room to the prosecutors, the witness being questioned, interpreters, and a court reporter. Under Justice Department policy, a witness who has a lawyer may step outside to consult.

A grand jury subpoena can demand records or testimony. Do not ignore it. A court may quash or modify a subpoena on a timely motion under Fed. R. Crim. P. 17(c). A lawyer can review its scope, raise objections, and discuss timing with the prosecutor.

How do federal search warrants work?

Under Fed. R. Crim. P. 41(d)(1), a magistrate judge must issue a warrant if there is probable cause. Under Rule 41(e)(2)(A)(i), the warrant must set a time to execute it of no more than 14 days. Agents must act during the daytime unless the judge allows otherwise for good cause.

A warrant for electronic data can authorize agents to seize or copy devices and review them later, under Rule 41(e)(2)(B).

If agents arrive, stay calm and do not interfere. Do not delete, move, or hide anything. Call a lawyer. Later, a defense team can ask for property to be returned under Rule 41(g) or move to suppress evidence under Rule 41(h).

Contacted by federal agents or served with a subpoena? Call 315-424-8326 for a free, confidential consultation. Phones are answered 24/7.

What happens at indictment, and can you waive it?

Federal felonies are generally charged by indictment. An indictment is a formal accusation. It is not proof of guilt.

Under Fed. R. Crim. P. 7(b), a defendant may instead waive indictment and be charged by an information. The defendant makes that waiver in open court, after being told the charge and their rights. Defendants usually get that advice from their lawyer.

A waiver is often tied to plea talks, and it gives up grand jury review. Do not waive without legal advice.

What is discovery in a federal criminal case?

After charges, the government must share evidence. Under Fed. R. Crim. P. 16(a)(1), on your request it must disclose your own relevant statements (16(a)(1)(A) and (B)); documents and objects that are material to the defense, that it plans to use in its case-in-chief, or that belong to you (16(a)(1)(E)); reports of examinations and tests (16(a)(1)(F)); and a summary of testimony under Federal Rules of Evidence 702, 703, or 705 (16(a)(1)(G)).

Rule 16(a)(2) excludes most internal government reports. It also excludes witness statements, except as the Jencks Act, 18 U.S.C. §3500, provides.

Separately, prosecutors must disclose favorable evidence that is material to guilt or punishment, under Brady v. Maryland, 373 U.S. 83 (1963). Giglio v. United States, 405 U.S. 150 (1972), extends that rule to impeachment evidence, such as a deal with a cooperating witness.

What is a proffer in a federal case?

A proffer is a meeting, usually under a written agreement, where a person tells prosecutors and agents what they know. It is not a guilty plea. It is not immunity.

Federal Rule of Evidence 410 generally bars use of statements made in plea discussions with a prosecutor. But in United States v. Mezzanatto, 513 U.S. 196 (1995), the Supreme Court held that a defendant can knowingly and voluntarily waive that protection. Many proffer letters ask for such a waiver, so statements may be used to impeach you if you testify.

Terms vary, and the exceptions matter. Never attend a proffer without a lawyer who has read the letter.

How do plea deals, trials, and federal sentencing work?

Most federal cases end in guilty pleas. Among people sentenced in federal court in fiscal year 2024, 97.2 percent had pleaded guilty and 2.8 percent had gone to trial, according to the U.S. Sentencing Commission. A plea is a serious decision. It depends on the evidence, the exposure, and your goals.

The Sentencing Guidelines have been advisory since United States v. Booker (2005). A court calculates the guideline range, then weighs the factors in 18 U.S.C. §3553(a). Since November 1, 2025, the Guidelines Manual no longer contains most departures.

Sentences can land far from the range. In U.S. v. Berte, our team’s federal case, the sentence was 60 months against a guideline range of 151 to 188 months. Prior results do not guarantee a similar outcome.

What should you do if you are under federal investigation?

• Do not talk to agents without a lawyer. See why speaking to police without a lawyer is risky.
• Do not delete, alter, or hide records.
• Write down who contacted you, when, and what they asked.
• Do not contact witnesses to “clear things up.”
• Learn your constitutional protections during a criminal case, and see what to do after an arrest in Syracuse.

Our team provides federal criminal defense in Syracuse and across the Northern District. More answers are on our FAQs page and blog.

Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors.

Charged with a federal crime in Syracuse or Central New York? Call 315-424-8326 for a free, confidential consultation with a team of former Onondaga County prosecutors. Phones are answered 24/7.

Frequently Asked Questions

This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.