An arrest at a checkpoint, a target letter in the mail, or agents at the door — in the Rio Grande Valley, a federal case can start any of these ways, and usually after months of quiet work you never saw.

That head start is the hardest part. The government builds its case before you know one exists, and every day you wait for advice, its lead grows. By the time it feels real, you’re reacting instead of deciding.

Keith & Lorfing defends people and businesses accused of federal crimes in McAllen and across the Southern District of Texas. Our team is led by a former Assistant U.S. Attorney and includes a retired federal judge of counsel, so we know how the other side thinks before it moves.

If your case is in the Houston Division, speak with our Federal Criminal Defense Lawyer in Houston about your options before making a statement to investigators.

The federal cases we defend in McAllen

Federal charges in this region are heard in the U.S. District Court for the Southern District of Texas, McAllen Division, at the U.S. Courthouse, 1701 W. Business Highway 83. The division covers Hidalgo and Starr counties, and its docket reflects the border: drug and immigration prosecutions dominate, with fraud and firearms cases close behind.

We defend the full range of those matters. Each charge type has its own rules and its own defenses — start with the summary below, then follow the link for a deeper look at your situation.

• Federal drug charges: Distribution, trafficking, and conspiracy under 21 U.S.C. §§ 841 and 846, plus import and export across the border under §§ 952 and 960. Drug quantity drives mandatory minimums, so the numbers matter from the first day. 
• Federal immigration crimes: Illegal reentry after removal under 8 U.S.C. § 1326, harboring or transporting under § 1324, and document fraud under § 1546. These are among the most-charged offenses in the McAllen Division. 
• Federal gun and weapons charges: Felon-in-possession under 18 U.S.C. § 922(g) and using a firearm in furtherance of a drug crime under § 924(c), which stacks time on top of the underlying offense. 
• Money laundering and structuring: Moving or concealing alleged proceeds under 18 U.S.C. §§ 1956 and 1957, and structuring cash deposits under 31 U.S.C. § 5324 — charges that often ride alongside drug cases.  
• Federal conspiracy: Drug conspiracy under 21 U.S.C. § 846 and general conspiracy under 18 U.S.C. § 371, where the government can hold you responsible for others’ conduct. 
• Healthcare fraud: Billing and kickback cases under 18 U.S.C. § 1347, the Anti-Kickback Statute (42 U.S.C. § 1320a-7b), and the False Claims Act (31 U.S.C. § 3729). 

We also defend related conduct that surfaces alongside these charges, including false statements to federal agents under 18 U.S.C. § 1001 and obstruction under §§ 1512 and 1519.

What a federal charge in the McAllen Division actually puts at risk

Federal cases are not scaled-up state cases. They carry mandatory minimum sentences, an advisory set of Sentencing Guidelines, and no parole — federal time is served almost in full.

Mandatory minimums surprise people the most. In a drug case, a single fact — the alleged quantity, a prior conviction, a firearm — can set a floor the judge cannot go below without a legal reason.

The Federal Sentencing Guidelines then set a recommended range on top of that floor. In drug cases the drug quantity drives the range; in fraud cases the alleged loss amount does. That’s exactly why the fight over those numbers matters so much.

The damage rarely stops at prison. Depending on the facts of your case, you may also face:

• Removal or deportation: For non-citizens, a conviction — and sometimes a plea alone — can trigger removal. Under Padilla v. Kentucky, your lawyer must advise you on these effects before you plead, and we build strategy around them from the start.
• Asset and property forfeiture: The government can move to seize cash, vehicles, and accounts it claims are tied to the offense, sometimes before trial.
• Professional licensing loss: Doctors, nurses, and others can lose the credentials their livelihood depends on.

None of these outcomes is automatic, and none is a foregone conclusion. How early and how well a case is defended can change every one of them.

If you’re weighing what’s at stake, talk to a federal defense lawyer about the specific exposure in your case.

How federal cases start at the border — and the mistakes that make them worse

Many McAllen cases begin at a port of entry or an interior checkpoint, when a search turns up drugs, cash, or a person the government says shouldn’t be here. Others begin quietly, with agents pulling records for months before anyone is charged.

Either way, what you do in the first hours matters. A statement given at the scene, without a lawyer, often becomes the strongest evidence against you. Agents are trained to keep you talking, and friendly questions are still questions.

Federal agents are not local police, and the rules that govern a traffic stop don’t map neatly onto them. In civil immigration enforcement especially, agents often act on an administrative warrant signed inside the agency rather than one signed by a judge, and the Fourth Amendment protections people expect from a state case can apply differently. That doesn’t mean an agent can walk into your home — it means you should know your rights before you consent, and it’s why federal-procedure experience matters here more than state-court experience alone.

Enforcement has also changed shape. The government increasingly leads with data — analytics that flag patterns and outliers — and it charges individuals, not just organizations. When our managing partner served as a federal prosecutor, he watched the government decide who to pursue long before those people felt the case coming.

That’s why getting counsel involved early is about leverage, not a deadline. Before the government settles on its theory, there is room to shape it. Once it gets there first, you’re reacting instead of deciding.

Two early mistakes cost people the most:

• Talking your way out of it. Explaining, minimizing, or guessing at answers rarely helps and often adds a false-statement charge under 18 U.S.C. § 1001 on top of everything else.
• Deleting or “cleaning up” records. When our managing partner served as a federal prosecutor, he saw this again and again: erasing texts, call logs, or documents doesn’t make a problem go away — it creates a new one. Obstruction is often easier to prove than the underlying conduct, because the government can show what existed, what was removed, and when.

The flip side is leverage: evidence preserved and produced strategically through counsel can strengthen your position instead of sinking it.

If you fear you’re under review, a few steps matter most right away:

• Hire experienced federal counsel now — ideally before a subpoena or agents arrive, and not a general practitioner.
• Stay silent and stay polite. You can decline to answer and ask for a lawyer without being rude.
• Preserve everything. Never delete or alter records; evidence produced strategically through counsel can create leverage.
• Let your lawyer control government contact, so no informal assurance from an agent is mistaken for a promise.

How we defend federal cases in McAllen

The best federal defense often starts before charges are filed. When we get involved during the investigation, we can sometimes shape the outcome while the government is still deciding — or keep a case from being charged at all.

Our approach is built around a few concrete strategies:

• Investigation-stage intervention: If you’ve received a target letter or grand jury subpoena, we manage contact with agents and prosecutors so you don’t hand the government its case, and we present your side while decisions are still open.
• Suppression and challenging the evidence: We examine every search, stop, checkpoint, and interview for constitutional violations. Border searches have limits, and evidence obtained illegally can be kept out.
• Attacking the government’s math: In drug and fraud cases, the alleged quantity or loss amount often drives the sentence. We challenge how those numbers were built, because they are frequently overstated.
• Negotiation from strength: We negotiate from a prepared, trial-ready position — not from fear. Prosecutors treat a defense that is ready for trial differently.
• Trial: When the government won’t offer a fair resolution, we try cases. Our founding partner Trey Keith has spent 20-plus years defending the accused and earning “Not Guilty” verdicts.
• Sentencing mitigation: If a case reaches sentencing, the work is far from over. You litigate the math — Guidelines calculations, safety valve eligibility under 18 U.S.C. § 3553(f), acceptance of responsibility, and every 18 U.S.C. § 3553(a) factor that lowers exposure.

Ready to build a defense? Reach out to our team for a confidential review of your options.

Why choose Keith & Lorfing for your federal case

Federal defense rewards experience on both sides of the courtroom. Our team has it.

• A former federal prosecutor leads the firm. Managing partner Russell Lorfing is a former Assistant U.S. Attorney who ran a federal human trafficking task force on Saipan. In 2024 he was selected Co-Chair of the Federal Criminal Defense Committee for the Texas Criminal Defense Lawyers Association and named a Super Lawyers honoree. Having built federal cases himself, he reads a government file for what it is missing, not just what it holds.
• A retired federal judge sits of counsel. The Hon. E. Scott Frost (Ret.) brings more than 30 years of federal courtroom experience to our strategy.
• A veteran trial lawyer at the founding chair. Trey Keith has defended the accused for over 20 years, with many “Not Guilty” verdicts, a Masters in Philosophy, and MENSA membership.
• A deep bench. Our team includes former federal prosecutors and defenders, former FBI agents, and former IRS criminal investigators — people who know how federal cases are built.
• Admitted where your case lives. Russell Lorfing is admitted in the Southern District of Texas, along with the Northern and Western Districts, the Fifth Circuit, and the U.S. Supreme Court.

Federal law applies the same way in every district, so what matters is not where a firm sits but how it defends federal cases — and we defend them in McAllen the same way we do anywhere in the Southern District of Texas.

One honest note: past results never guarantee a future outcome. Every case turns on its own facts, and we’ll tell you straight what yours looks like.

What to expect in the federal process

Federal cases move quietly but constantly. On the surface they feel slow; underneath, they’re moving the whole time — and by the time it feels real, it’s usually further along than you think.

Here’s the general path a McAllen federal case follows:

• Investigation: Agencies like the DEA, HSI, FBI, ATF, or Border Patrol gather evidence, sometimes for months, before anyone is charged. Target letters and grand jury subpoenas surface here.
• Charging: The government brings charges by indictment or information filed in the Southern District of Texas.
• Initial appearance and detention: You appear before a magistrate judge, who decides on release or detention — a step that carries extra weight in border cases where the government often argues flight risk.
• Pretrial: Both sides exchange discovery, and the defense files motions to suppress evidence or dismiss counts.
• Resolution: The case ends in a negotiated plea or a trial before a district judge at the McAllen courthouse.
• Sentencing: If there’s a conviction, the court sets a sentence guided by the advisory Guidelines and the arguments both sides make.

Knowing the path is one thing; having someone who has walked it from the prosecution side is another. You can contact our firm at any stage — the earlier, the better.

Talk to a McAllen federal defense team before the government decides for you

A federal investigation is frightening, but you are not out of options — and you don’t have to face it alone. The sooner a former prosecutor reviews your situation, the more room there is to change where it goes.

Keith & Lorfing defends federal cases in McAllen and throughout the Southern District of Texas, working alongside our Federal Criminal Defense Lawyer in Houston, our Laredo federal criminal defense team, and our Brownsville federal criminal defense team. We’ll listen, tell you honestly what you’re facing, and start building a defense. We’ll listen, tell you honestly what you’re facing, and start building a defense.

Schedule a confidential consultation with our federal defense team today.

Frequently asked questions

Where will my federal case be heard in McAllen?
Most cases are handled in the Southern District of Texas, McAllen Division, at the U.S. Courthouse, 1701 W. Business Highway 83, which serves Hidalgo and Starr counties.

What’s the difference between a state and federal charge in Hidalgo County?
Federal cases are prosecuted by U.S. Attorneys in federal court and carry mandatory minimums and Sentencing Guidelines, with no parole. State cases go through Texas courts under state law. The rules, penalties, and strategy are different.

Should I talk to federal agents or border officers who want a statement?
You have the right to remain silent and to have a lawyer present. Making a false statement to a federal agent is itself a crime under 18 U.S.C. § 1001, so it’s usually best to stay polite, decline to answer, and call a lawyer first.

Do federal immigration agents follow the same rules as local police?
Not in every respect. In civil immigration enforcement, agents often act on an administrative warrant signed within the agency rather than a judge’s warrant, and constitutional protections can apply differently than they would in a Texas criminal case. You still have rights — including the right not to consent to a search — so it’s best to stay calm, say little, and speak with a federal lawyer about what happened.

Can a federal conviction get me deported, and can my lawyer do anything about it?
For non-citizens, many convictions and even some pleas can trigger removal. Under Padilla v. Kentucky, your lawyer must advise you on that risk, and we factor immigration consequences into strategy from day one.

What are mandatory minimums in a drug case, and can they be avoided?
A mandatory minimum is a floor the judge generally cannot go below. In some drug cases, the safety valve under 18 U.S.C. § 3553(f) or cooperation may allow a sentence beneath that floor, depending on the facts of your case.

I was arrested at a port of entry or checkpoint — is that a federal case?
Often, yes. Drug, immigration, and firearms arrests at ports of entry and interior checkpoints are commonly charged federally in the McAllen Division rather than in state court.

Does hiring a lawyer early really change anything?
It can. Early involvement lets us manage contact with investigators, preserve evidence, challenge the search, and sometimes influence charging decisions before they’re locked in.

Can the government take my car, money, or property?
It can try. Asset forfeiture lets the government move to seize property it claims is tied to the offense, sometimes before trial — and we contest those claims as part of the defense.

How long does a federal case take in the McAllen Division?
It varies. Some resolve in months; complex drug-conspiracy or fraud cases can take a year or more from investigation to resolution.