Charged Under 18 U.S.C. 875(c)/(d) What Happens Next

Federal cases follow a sequence, and the sequence is largely fixed. Knowing what comes next removes some of the fear that makes people act against their own interests in the first week. It also shows where the real decision points sit, because most of them arrive earlier than people expect.

This page describes the ordinary path of a prosecution under 18 U.S.C. § 875, from the first contact with investigators through sentencing, and what a defendant can usefully do at each stage.

On this page

The First Contact: Interviews, Preservation and Subpoenas

Many people learn of a § 875 investigation before any charge exists. The signals are consistent: agents ask for a conversation, a service provider gives notice that account records were preserved or produced, a device is seized, or a grand jury subpoena arrives at a workplace or a provider.

What you do here matters more than almost anything later. Decline the interview politely and retain counsel. Preserve everything rather than deleting anything, including material you believe looks bad, because deletion is recoverable, provable, and can create fresh exposure. Counsel can often open a dialogue with prosecutors before charging decisions are made, which is a window that closes once an indictment is returned.

Arrest, Initial Appearance and Release

A case begins formally by complaint or by indictment. The first court appearance follows promptly, and at it the court addresses counsel, advises the defendant of the charge, and takes up release. The federal statutory framework governing pretrial release presumes release on the least restrictive conditions that reasonably assure appearance and community safety, but in cases involving alleged threats the government frequently seeks conditions or detention.

Conditions in this area commonly include no contact with identified persons, restrictions or monitoring on internet and device use, mental health evaluation, surrender of passports, and location conditions. These are negotiable, and they are worth negotiating carefully, because a violation is treated seriously and because overly broad technology conditions can interfere with employment.

Indictment, Arraignment and Discovery

An indictment is returned by a grand jury sitting without the defense present. At arraignment the defendant enters a plea, and the court sets a schedule. Discovery follows: the charged communications, provider returns, forensic extractions, agent reports, and any statements attributed to the defendant.

Discovery in these cases is technical and voluminous, and what the government produces first is often a summary rather than the underlying data. Counsel should ask specifically for the complete provider return, the full forensic image, and the tool-generated logs, and should retain an independent examiner early rather than after the motions deadline has passed.

Motions and the Trial Schedule

The federal speedy trial framework sets outside limits on how long a case may take, subject to exclusions the court grants. Within that period the defense files motions: to dismiss where the communication charged is not a threat as a matter of law or the indictment omits an element, to suppress where the digital evidence was gathered unlawfully, and to compel where production is incomplete.

This is also when the defense theory is fixed, because motions commit you to a position. In a § 875 case that theory is usually built around context, attribution, or the absence of an extortionate demand, and it should be settled before the first substantive filing rather than after.

Resolution: Plea, Trial and Sentencing

Most federal cases resolve by agreement, but the terms of an agreement are shaped by how credible the defense threat to try the case is. Where a case does go to trial, the district court settles the jury instructions with the parties from the statutory text and the controlling authority, and objections must be made before the jury retires to be preserved.

Sentencing follows any conviction and is a separate proceeding with its own preparation. A probation officer prepares a presentence report, both sides object, the court resolves disputed facts and calculates an advisory guideline range, and then weighs the statutory factors. Preparation for that hearing should begin months before it, not after a verdict.

Frequently Asked Questions

Agents asked to talk. Do I have to?

No. You are not required to speak with federal agents, and declining is not evidence of anything. Say clearly that you will not answer questions without counsel and then stop. Anything you say can be used, false statements can be charged separately, and a conversation you think will clear things up is very often the strongest evidence the government obtains.

My phone was seized. Can I get it back?

Sometimes, and usually not quickly. The government images the device and retains the original while the case is pending. Counsel can seek return of the physical device after imaging and should in any event obtain a copy of the image for independent examination. Do not attempt to access accounts remotely or wipe anything, which can create obstruction exposure.

How long does a federal case take?

Longer than most people expect, and the pace varies by district and by the complexity of the digital evidence. The Eastern District of Virginia moves its criminal docket briskly, which cuts both ways: it limits delay, and it compresses the time available for forensic work. Continuances are granted for good cause but are not automatic.

Can I contact the person who complained?

No. Contact of any kind, direct or through another person, can violate release conditions, support an obstruction adjustment, and generate a new charge. This holds even where you believe an explanation would resolve the matter. Anything that needs to be communicated goes through counsel.

Will the case be public?

Federal criminal filings are generally public once a case is charged, though some materials are filed under seal. Counsel can seek sealing or restricted filing for sensitive material such as medical records used in mitigation. Where the matter is still at the investigative stage, resolution before charging is the most reliable way to limit exposure.

What should I be doing right away?

Retain counsel, stop communicating about the matter with anyone other than counsel, preserve every device, account and message, write down your own account of events while it is fresh, and gather the surrounding record: the complete threads, any medical or treatment history relevant to the period, and the contact details of people who witnessed the exchanges.

Working With Law Offices Of SRIS, P.C.

The early stage of a section 875 case is where the most is available and the least is usually done. The firm engages at the investigative stage where possible, preserves and obtains the technical record immediately, and treats release conditions and discovery scope as litigation rather than paperwork.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm has been practicing since 1997. Mr. Sris and the firm’s Of Counsel attorneys handle criminal defense matters across those jurisdictions, which matters in federal practice because a single investigation frequently reaches conduct, witnesses, and records in more than one state. Mr. Sris brings a background in accounting and information systems from George Mason University, applied to complex financial and technology-related cases.

The firm serves Northern Virginia from 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209 and central Virginia from 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment. Call (888) 437-7747 to schedule. Request a consultation. Reach our location at (888) 437-7747.

This page provides general information about federal proceedings under 18 U.S.C. § 875 and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney advertising. Prior results do not guarantee a similar outcome.

Attorney responsible for this advertising: Mr. Sris.

Being charged is one stage of the case. Our page on interstate threats extortion charges sets out the offence from start to finish.