FEDERAL CRIMINAL CHARGES
COURT PROCESS 

If you have been charged with a federal crime, the federal criminal charges court process can be overwhelming.

The following has been prepared to help you understand the different steps that your case will go through during the federal criminal charges court process.

Investigation

The investigation period is not part of the federal criminal charges court process. It is the most crucial stage that an individual should retain an experienced federal criminal defense attorney. If you have information to believe that you may be the target of a federal criminal investigation, you should contact an attorney immediately for a consultation.

During a federal criminal investigation, evidence will be gathered against an individual and submitted to the federal prosecuting attorney’s office. The federal prosecuting attorney will then consider the evidence and determine if a formal federal criminal charge will be filed.

Charging

Before a person is charged with a federal crime, they must first be indicted. If an individual is going to be indicted, they will be given a formal notice.

For potential felony charges, a grand jury of 16-23 people are presented with evidence and witness testimony by the prosecuting attorney. The grand jury then votes in secret on whether they believe that probable cause exists to charge an individual with a crime. If the majority votes that probable cause exists, the grand jury will issue written charges against you called an indictment.

Arraignment

After a person is arrested and charged with a federal crime, the next step of the federal criminal charges court process is the arraignment. The defendant will appear before a magistrate or judge, be advised of his/her rights, and given a chance to request a court appointed attorney. At the arraignment, bond will be set and it will be determined if the defendant will have the opportunity to post bail or if they will have to remain incarcerated during their court proceedings.

Discovery

During the discovery period, both the prosecution and the defense attorney will have an opportunity to obtain documents and interview witnesses that may be relevant to the criminal charges. It is also the prosecutor’s obligation to provide the defense attorney with a copy of all material and evidence that the prosecution intends to present at the time of trial.

Preliminary Hearing

Once a defendant enters a plea of not guilty, the matter will be scheduled for a preliminary hearing. Evidence is presented to a judge by the prosecution. The judge then determines if probable cause exists to believe the defendant committed a crime. If the judge finds there is probable cause, the matter is scheduled for trial.

Trial

If the matter is not able to be resolved by way of a plea bargain, the last step of the federal criminal charges court process is trial. Jury selection will be conducted where the prosecutor and defense attorney will select a panel of twelve jurors. The jurors will sit on the panel and consider all of the evidence along with testimony from witnesses, victims, and the defendant. At the conclusion of the trial, the jury will deliberate and reach an agreement on the verdict. If a defendant is found not guilty, they are typically free to go home.