Federal crimes in the United States are prosecuted by the Department of Justice. Most of that work happens in 94 U.S. Attorney’s Offices spread across the country, where Assistant U.S. Attorneys handle the day-to-day cases under a presidentially appointed U.S. Attorney. Specialized DOJ divisions in Washington prosecute certain national matters, and the Attorney General sits at the top of the whole structure. In the twelve months ending March 2025, federal prosecutors handled over 73,000 criminal defendant filings.1United States Courts. Federal Judicial Caseload Statistics 2025
The Attorney General and the Department of Justice
Federal law designates the DOJ as an executive department of the United States.2Office of the Law Revision Counsel. 28 USC 501 – Executive Department In practical terms it is the federal government’s law firm, investigating and prosecuting federal crimes, representing the government in civil litigation, and advising the President and executive agencies on legal questions.
The Attorney General heads the department and is the federal government’s top law-enforcement official. The President appoints the Attorney General with Senate confirmation.3Office of the Law Revision Counsel. 28 USC 503 – Attorney General The Attorney General does not personally try cases. The role is strategic: setting enforcement priorities, issuing policy guidance that binds every federal prosecutor, approving sensitive actions like wiretap applications and certain successive prosecutions, and deciding whether to appoint a Special Counsel when the department faces a conflict.
Within DOJ headquarters, specialized divisions prosecute particular categories of crime. Career prosecutors in the Criminal Division serve as subject-matter experts and try cases in federal courts nationwide.4U.S. Department of Justice. Criminal Division The Civil Rights Division enforces federal antidiscrimination laws and can bring criminal prosecutions for hate crimes and civil-rights violations.5U.S. Department of Justice. Civil Rights Division Other divisions focus on antitrust, tax fraud, environmental crimes, and national security. These divisions coordinate closely with investigative agencies like the FBI, the DEA, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, each of which covers distinct types of crime.6FBI. How Does the FBI Differ From the DEA and the ATF The investigators build the cases; the DOJ prosecutes them.
U.S. Attorneys and the 94 Judicial Districts
The federal court system divides the country into 94 judicial districts, and each district has a U.S. Attorney who serves as the chief federal prosecutor for that geographic area.7United States Courts. About U.S. District Courts The President appoints each U.S. Attorney with Senate confirmation for a four-year term. When a term expires, the U.S. Attorney continues serving until a successor is confirmed, and the President can remove a U.S. Attorney at any time.8Office of the Law Revision Counsel. 28 USC 541 – United States Attorneys
Each U.S. Attorney’s Office operates with significant autonomy. The office decides which cases to pursue based on local crime patterns and federal enforcement priorities. One district might focus heavily on drug trafficking along a border corridor; another might prioritize financial fraud in a major banking center. This decentralized design lets federal prosecutors respond to the specific threats facing their region while still following department-wide guidelines.
Who Actually Tries the Cases: Assistant U.S. Attorneys
The day-to-day work of federal prosecution falls on Assistant United States Attorneys, known as AUSAs. They handle the vast majority of cases in the 94 district offices. The Attorney General appoints AUSAs and can also remove them.9Office of the Law Revision Counsel. 28 USC 542 – Assistant United States Attorneys These are the prosecutors who present evidence to grand juries, negotiate plea agreements, argue motions, and try cases before federal judges. Their caseloads range from drug conspiracies and firearms offenses to cybercrime and public corruption.
To become an AUSA, a candidate must be a U.S. citizen, hold a J.D., be an active member in good standing of a bar in any U.S. jurisdiction, and have at least one year of post-law-school legal experience. The position also requires a Top Secret security clearance, and initial appointments depend on passing a background investigation covering fingerprints, credit, tax, and drug checks.10U.S. Department of Justice. Assistant United States Attorney (AUSA)
Trial attorneys work separately, in the DOJ’s specialized divisions in Washington. These prosecutors handle complex matters like antitrust cases, international tax fraud, or environmental crimes that require national coordination. They often travel to different districts to lead or assist investigations that span multiple jurisdictions. AUSAs are generalists rooted in a specific district. Trial attorneys are specialists deployed wherever their expertise is needed.
How Prosecutors Decide Whether to Bring Charges
Federal prosecutors do not charge every case that lands on their desk. The DOJ’s internal guidelines, known as the Principles of Federal Prosecution, structure the decision. A prosecutor should recommend charges only if there is probable cause to believe a federal offense was committed and the admissible evidence will probably be sufficient to obtain and sustain a conviction.11Justice Manual. Principles of Federal Prosecution
Even when the evidence is strong, the guidelines identify three reasons to decline: the case does not serve a substantial federal interest, the defendant faces effective prosecution in another jurisdiction such as a state court, or an adequate non-criminal alternative exists. When weighing federal interest, prosecutors consider the seriousness of the offense, its deterrent effect, the defendant’s criminal history, the interests of victims, and the probable sentence.11Justice Manual. Principles of Federal Prosecution
The guidelines also draw firm lines around impermissible considerations. A prosecutor may not factor in the defendant’s race, religion, gender, ethnicity, political beliefs, or the prosecutor’s own personal feelings. Charges may not be stacked to pressure a guilty plea, and prosecution decisions may not be made to influence an election.11Justice Manual. Principles of Federal Prosecution
When Federal and State Jurisdiction Overlap
Many crimes violate both federal and state law. Under the constitutional doctrine of dual sovereignty, the federal government can prosecute someone even after a state conviction for the same conduct. In practice, the DOJ’s internal Petite Policy sharply limits this. A successive federal prosecution is only permitted when three conditions are met: the matter involves a substantial federal interest, the prior prosecution left that interest demonstrably unvindicated, and the evidence is strong enough to convict. An Assistant Attorney General must approve the prosecution before it can proceed.12United States Department of Justice. Authority of the U.S. Attorney in Criminal Division Matters – Prior Approvals
When a Special Counsel Steps In
When the normal chain of command at the DOJ faces a conflict of interest, federal regulations allow the Attorney General to appoint a Special Counsel to take over an investigation. This happens when prosecuting a matter through the usual U.S. Attorney’s Office or DOJ division would create a conflict or other extraordinary circumstances, and when appointing an outside prosecutor would serve the public interest.13eCFR. 28 CFR 600.1 – Grounds for Appointing a Special Counsel
Once appointed, a Special Counsel wields the full investigative and prosecutorial authority of any U.S. Attorney within the scope of the assigned investigation. That includes convening grand juries, issuing subpoenas, filing criminal charges, and conducting appeals.14eCFR. 28 CFR Part 600 – General Powers of Special Counsel The Special Counsel operates with day-to-day independence from the department but must follow existing DOJ policies and guidelines.
A Special Counsel can only be removed by the Attorney General personally, and only for specific reasons: misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause including violation of departmental policies. The Attorney General must provide a written explanation for the removal.15eCFR. 28 CFR 600.7 – Conduct and Accountability At the end of the investigation, the Special Counsel must give the Attorney General a confidential report explaining every prosecution and declination decision.16eCFR. 28 CFR 600.8 – Notification and Reports by the Special Counsel
Who Handles Federal Appeals
When the federal government loses a criminal case or wants to challenge a lower court’s ruling, the decision to appeal does not rest with the prosecutor who tried the case. The Solicitor General, a senior DOJ official, controls whether and when the government takes appeals to the federal appellate courts. The Solicitor General also supervises all government cases before the Supreme Court, including writing briefs and arguing or assigning oral arguments.17eCFR. 28 CFR Part 0, Subpart D – Office of the Solicitor General
This centralized control serves a purpose. Individual prosecutors in different districts might reach conflicting positions on the same legal question. By funneling appellate decisions through a single office, the government speaks with one voice in the courts.
If You Are the One Being Prosecuted
If you are on the receiving end of a federal prosecution, federal law guarantees you the right to an attorney even if you cannot afford one. Every federal district court must maintain a plan for furnishing representation to financially eligible defendants. If you appear in court without a lawyer, the judge or magistrate must inform you of your right to appointed counsel and, after confirming you cannot afford to hire your own, appoint one for you.18Office of the Law Revision Counsel. 18 USC 3006A – Adequate Representation of Defendants
Appointed counsel comes from one of two sources. Many districts have a Federal Public Defender’s Office staffed by salaried government attorneys who represent defendants full-time. In districts without a public defender office, or when a conflict prevents the public defender from taking a case, the court appoints a private attorney from an approved panel. Appointed representation covers felonies, Class A misdemeanors, probation and supervised-release violations, and other situations where you face the loss of liberty.18Office of the Law Revision Counsel. 18 USC 3006A – Adequate Representation of Defendants
Defendants who can afford private counsel are free to hire their own attorney. Hourly rates for private federal criminal defense lawyers vary widely depending on the attorney’s experience, the district, and the complexity of the case, with national estimates ranging from roughly $140 to $700 per hour. Because federal cases tend to involve extensive discovery and pretrial motions, total legal costs can escalate quickly, which makes the availability of appointed counsel especially important for most defendants.