South Dakota federal criminal charges differ from state — federal sentencing guidelines, mandatory minimums, no parole, and 90%+ conviction rates. Specialized federal-experienced counsel essential.
Published May 8, 2026
## Federal criminal charges in South Dakota
Federal criminal cases are different from state cases — different rules, different prosecutors, different sentencing, different stakes. South Dakota residents charged federally need attorneys with specific federal court experience.
## State vs federal — key differences
| | State | Federal |
|---|---|---|
| Prosecutor | DA / county | US Attorney |
| Investigators | Local police | FBI, DEA, ATF, IRS-CI |
| Court | State court | US District Court |
| Sentencing | State guidelines | US Sentencing Guidelines |
| Parole | Available | NO PAROLE since 1987 |
| Time served | Per state | 85% mandatory in federal |
| Conviction rate | ~70% | ~95% |
| Plea rate | High | Higher (~97%) |
| Discovery | Earlier | Later (Brady-only often) |
| Mandatory minimums | Some | Many + severe |
| Trial frequency | More common | Rare |
**Federal court is generally tougher.**
## Common federal crimes
**Drug crimes:**
- Trafficking (21 USC § 841)
- Conspiracy (21 USC § 846)
- Possession with intent to distribute
- Manufacturing
- Maritime / smuggling
- 5/10-year mandatory minimums based on quantity
**White collar:**
- Wire fraud (18 USC § 1343)
- Mail fraud (18 USC § 1341)
- Securities fraud
- Bank fraud
- Money laundering
- Tax evasion
- Healthcare fraud
- Public corruption
- Embezzlement
- Insurance fraud
**Firearms:**
- Felon in possession (18 USC § 922(g))
- Drug trafficking + firearm (924(c) — mandatory consecutive)
- Straw purchases
- ATF violations
**Violent crimes (federal jurisdiction):**
- Bank robbery (18 USC § 2113)
- Carjacking (18 USC § 2119)
- Federal officer assault
- Hate crimes
- Hobbs Act robbery
- RICO
**Drug + violence enhancement:**
- 924(c) — using firearm during drug crime
- Mandatory minimum 5 years CONSECUTIVE to underlying
- 25-year mandatory for second offense (effectively life)
**Sex crimes:**
- Child pornography (18 USC § 2252)
- Sex trafficking
- Mann Act violations
- SORNA registration violations
- Travel + intent
**Immigration crimes:**
- Illegal entry / re-entry (8 USC § 1325, 1326)
- Document fraud
- Harboring / transporting
- Smuggling
**Cyber crimes:**
- CFAA violations
- Identity theft + aggravated identity theft (mandatory 2 years consecutive)
- Computer fraud
- Hacking
**Tax crimes:**
- Tax evasion (26 USC § 7201)
- False return (26 USC § 7206)
- Failure to file
- Employment tax issues
**Conspiracy:**
- 18 USC § 371 (general)
- 21 USC § 846 (drug)
- Co-conspirator liability for substantive offenses
## Federal Sentencing Guidelines
**Post-Booker (advisory):**
- Court must calculate guidelines
- Court must consider 18 USC § 3553(a) factors
- Court can vary above / below guidelines
- BUT must explain departures
- Most sentences within / near guidelines
**Guidelines calculation:**
1. **Base offense level** (offense-specific)
2. **Adjustments** (role, abuse of trust, victim characteristics)
3. **Acceptance of responsibility** (typically -3)
4. **Criminal history category** (I-VI)
5. **Sentencing range** (months) on grid
**Common adjustments:**
- Loss / quantity (financial / drug)
- Aggravating role (organizer)
- Mitigating role (minor / minimal participant)
- Vulnerable victim
- Obstruction of justice
- Acceptance of responsibility
- Cooperation (5K1.1 motion = below mandatory minimums)
## Mandatory minimums
**Common federal mandatory minimums:**
- 5 / 10 years drug (quantity-based)
- 5 / 25 years 924(c) firearms
- 2 years aggravated identity theft (consecutive)
- 15 years 924(e) ACCA (3 prior violent + drug)
- 5 / 15 years certain immigration
- Life or death penalty (limited offenses)
**Escapes from mandatory minimums:**
- **Safety valve** (limited drug cases, low criminal history)
- **Substantial assistance / cooperation** (5K1.1 motion)
- **Charge bargaining** (avoid triggering charge)
## First Step Act (2018)
**Key reforms:**
- Reduced 924(c) stacking
- Reduced career offender impact
- Expanded safety valve
- Earned-time credits for rehabilitation
- Crack-cocaine retroactive relief
- Compassionate release expansion
- Re-entry programming
**Affected many existing federal sentences.**
## Federal investigation phases
**1. Initial investigation:**
- Subject of investigation may not know yet
- Grand jury subpoenas issued
- Witnesses interviewed
- Records gathered
**2. Target letter / subpoena:**
- Notice that you're a target
- Subpoena to testify (with immunity sometimes)
- Time to retain counsel + decide approach
**3. Indictment:**
- Grand jury returns true bill
- Sealed sometimes (until arrest)
- Specific charges identified
**4. Arrest / surrender:**
- Initial appearance
- Detention hearing
- Arraignment
**5. Pretrial:**
- Discovery (federal more limited than state)
- Motions
- Plea negotiations
**6. Trial or plea:**
- ~97% plea
- ~3% trial
- Federal trial conviction rate ~85%
**7. Sentencing:**
- PSR (Pre-Sentence Report) by Probation
- Objections to PSR
- Sentencing memorandum + arguments
- Guidelines calculation + judge's decision
**8. Post-conviction:**
- Appeal (limited grounds)
- 2255 motion
- Compassionate release
- First Step Act benefits
## Federal pretrial detention
**18 USC § 3142 — Bail Reform Act:**
- Presumption against release for some offenses
- Drug + firearm cases especially difficult
- Risk of flight + danger to community
- Conditions of release
- Detention hearing within days
**Detention rate higher in federal court** than state.
## Cooperation / 5K1.1
**Substantial Assistance:**
- Information leading to others' prosecution
- Government files motion at sentencing
- Below mandatory minimums
- Significant guidelines reductions
- Sometimes only path to reasonable sentence
**Risks:**
- Personal safety (witness protection sometimes)
- Continued obligation
- Family + community impact
- Limited control of timing
- Government decides if sufficient
## Plea bargaining
**Common plea structures:**
- Plea to lesser charge
- Plea to single count of multi-count indictment
- Stipulated factual basis
- Sentence agreements (rare in federal)
- Cooperation agreements
- 11(c)(1)(C) plea (sentence cap, judge can reject)
**Federal plea agreements often:**
- Waive appeal rights
- Waive collateral attack rights
- Include cooperation requirements
- Final unless rejected by court
## Key constitutional protections
- Fourth Amendment (search + seizure)
- Fifth Amendment (self-incrimination, double jeopardy, due process)
- Sixth Amendment (counsel, speedy trial, jury, confrontation)
- Eighth Amendment (excessive bail, cruel punishment)
**Federal courts often more rigorous about constitutional protections than state.**
## Federal vs state — when both have jurisdiction
**Common scenarios:**
- Drug cases (often both)
- Bank robbery (often both)
- Multi-state crimes
- Crimes on federal property
- Crimes against federal officers
**Considerations:**
- Severity of likely federal sentence
- Investigation resources federal can deploy
- Federal judges' tendencies
- 'Petite policy' (limits dual prosecution but allowed)
- Sometimes choice of charge significantly different
## What you should do
If you're a target / subject of federal investigation in South Dakota: hire federal-experienced criminal defense counsel IMMEDIATELY — before any contact with agents. Federal cases differ enough that state-only criminal attorneys are often inadequate. Many South Dakota federal defenders / CJA-panel attorneys are excellent. Private federal defense often $25K-$500K+ depending on case. Cooperation decisions made early have lasting impact.
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*This guide is general information about U.S. federal criminal law as of mid-2026 and is not legal advice. Federal criminal cases are technical + life-altering. Talk to a federal-court-experienced criminal defense attorney immediately.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.