Learning that you’re facing federal charges can bring up a lot of uncertainty. This can sometimes be reduced by learning what you can about the federal criminal justice system. While some people see snippets of the process on television and in movies, there are a lot of things that go on behind the scenes.
There are many stages in the federal criminal justice process, and not every case follows the exact same path. Some aspects of cases can end early because of factors like plea deals and charging decisions. Other cases go through the full process, including grand jury proceedings, trial, sentencing and appeal.
How does a case start?
Nearly every federal criminal charge starts with a report from a victim or witness. In some cases, the case is transferred from another agency. Federal investigators gather evidence, identify possible suspects, and decide how to proceed with the matter. This often involves looking into evidence, issuing subpoenas and deciding if an indictment is appropriate.
What happens if charges are pressed?
Once it’s evident that charges will occur, the defendant is arrested and taken to court for their initial appearance. This is when the charges are outlined, and they’re told their rights. It will also be determined if the person will remain in jail pending the outcome of the case or if an option to secure release is appropriate. The defendant will go through an arraignment, which is when the defendant enters a plea to the official charges.
After the arraignment is the pretrial period, which is often lengthy. This is when discovery and many motions might occur. Each side can seek information and challenge evidence. In some cases, a plea agreement is reached, and the case would go through a hearing based on that deal.
Without a plea deal, the case moves forward to trial, which will include the trial itself and a sentencing hearing. There are sometimes options for appealing the trial outcome or sentence, but these cases are often complex. Working with someone who understands the federal criminal justice system may be beneficial for anyone going through this.
