The federal conviction rate exceeds 90%. That statistic is real, and it reflects the reality that federal prosecutors are highly selective about which cases they bring. But it also means that roughly 10% of federal cases do not result in conviction. Understanding how that happens is critical for anyone facing a federal indictment.
At Deandra Grant Law, Attorney James Lee Bright has more than 25 years of experience finding the path to the best possible outcome in federal cases — including dismissals, acquittals, and charge reductions that the statistics suggest are unlikely but that skilled defense work can achieve.
How Federal Charges Can Be Dismissed
Government Motion to Dismiss (Rule 48(a))
The government can move to dismiss an indictment under Federal Rule of Criminal Procedure 48(a), with leave of court. This happens when the government determines that the evidence is insufficient to proceed, a key witness becomes unavailable or is discredited, the case has been resolved through a plea agreement on fewer counts, or the government elects to re-indict with different charges. Rule 48(a) dismissals are not common, but they are not unheard of, particularly when the defense identifies and presents evidence that undermines the government’s theory.
Defense Motion to Dismiss
The defense can move to dismiss on several grounds:
- Insufficient indictment. If the indictment fails to state an offense — if the charged conduct does not actually violate the statute cited — the charge can be dismissed. Lee examines every indictment for legal sufficiency.
- Statute of limitations. If the government charged conduct that falls outside the applicable statute of limitations, the charge must be dismissed.
- Speedy trial violation. The Speedy Trial Act (18 U.S.C. §§3161–3174) requires trial within 70 days of indictment or initial appearance (whichever is later), with certain excludable time periods. If the government exceeds the statutory deadline without proper exclusions, dismissal is required — though whether the dismissal is with or without prejudice is within the court’s discretion.
- Vindictive or selective prosecution. If the defense can demonstrate that the prosecution was motivated by the defendant’s exercise of a protected right (such as going to trial) or targeted the defendant based on race, religion, or other protected status.
- Grand jury irregularities. If the grand jury process was fundamentally flawed — prosecutorial misconduct before the grand jury, use of perjured testimony, or violation of grand jury secrecy rules.
Acquittal at Trial
A not-guilty verdict from a federal jury is a complete dismissal of the charges. Federal acquittals are protected by double jeopardy. The government cannot retry a defendant who has been acquitted. Additionally, the defense can move for a judgment of acquittal under Rule 29 at the close of the government’s case, arguing that no reasonable jury could convict based on the evidence presented. Lee evaluates Rule 29 arguments in every case.
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The Most Common Path: Plea Negotiation
In practice, the most common way federal charges are reduced or partially dismissed is through plea negotiations. The government may agree to dismiss certain counts in exchange for a guilty plea on others. This can have an enormous impact on sentencing exposure. Dismissing a §924(c) firearms count, for example, eliminates a mandatory 5-year consecutive sentence. Dismissing an aggravated identity theft count eliminates a mandatory 2-year consecutive sentence.
Lee’s 25+ years of federal plea negotiation experience means he understands what the government values, where there is room for movement, and how to structure a plea agreement that achieves the best possible outcome for the client.
"Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant's reputation is stellar and now I know why. She has a team of individuals who provide quality service."
- N. Coulter
"Deandra Grant Law – Criminal & DWI Defense fights hard for their clients and is always willing to go above and beyond. They are the best firm for DWI cases in DFW and beyond. Definitely hire them to represent you in any pending cases."
- P. Williams
"Deandra Grant made a tough situation so much better. She listened to my concerns and helped me so much with my case. I would recommend her to anyone needing legal services."
- M. Haley
Post-Conviction Relief
Even after conviction, relief may be available through direct appeal to the Fifth Circuit Court of Appeals, a motion to vacate sentence under 28 U.S.C. §2255 (for claims of ineffective assistance of counsel or constitutional violations), or a compassionate release motion under 18 U.S.C. §3582(c)(1)(A). These are not technically “dismissals,” but they can result in reduced sentences or, in rare cases, reversal of the conviction.
Contact Deandra Grant Law
If you are under investigation or have been charged with a federal offense, contact Deandra Grant Law for a free, confidential consultation with Attorney James Lee Bright. Lee has more than 25 years of federal trial experience and is admitted to practice in all four federal districts in Texas, the District of Columbia, the Fifth Circuit Court of Appeals, and the United States Supreme Court.
