Federal Criminal Court Process

Federal Criminal Court Process Overview

If you are under investigation for a federal crime, the process from investigation to litigation can take several months. Before taking your case to court, the federal government will investigate your offense. For someone who is unfamiliar with federal investigation and court procedures, you may feel overwhelmed and confused.

I, Peter Katz, have represented countless clients facing federal charges for various offenses. Whether you are charged with a white-collar, financial, or cybercrime, I am here to defend your integrity and freedom.

Criminal Investigation

The U.S. government has special agents in each federal agency that investigate criminal offenses. The federal agencies that may investigate crimes include:

• Federal Bureau of Investigation (FBI)
• Drug Enforcement Administration (DEA)
• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
• United States Secret Service (USSS)
• Department of Homeland Security (DHS)/Homeland Security Investigations (HSI)

Transferring a Case to the U.S. Attorney’s Office

Once an investigation is complete, the federal agency investigating your offense will turn the case over to the U.S. Attorney’s Office. The U.S. Attorney’s Office is under the Department of Justice (DOJ). A U.S. Attorney typically works with several federal agencies in a criminal investigation.

Search Warrant vs. Arrest

The Fourth Amendment protects American citizens from unreasonable government searches and seizures. If the police intend to search your home, car, or other property, they typically have to obtain a search warrant signed by a judge or magistrate and probable cause.

If the police decide to arrest you instead of conducting a search, they will also need probable cause. Many times, the police will obtain an arrest warrant from a judge prior to an arrest.

How Arraignment Works

A magistrate judge will typically preside over preliminary proceedings in federal court. This will include the arraignment when the defendant is read his or her rights and the charges being pressed. The defendant will be asked to enter a plea at this time. The judge will also decide whether to grant bail. If bail is granted, the defendant will have the opportunity to be released from jail until trial.

If the prosecution’s case against you is weak, a federal criminal defense attorney will likely recommend that you plead not guilty.

Discovery Process

Both the prosecution and defense will be able to exchange information through the discovery process. The discovery process may involve sharing documents or electronically stored information. Discovery also involves answering questions (interrogatories) or responding to statements posed by the other side (requests for admissions) and providing out-of-court testimony under oath (depositions).

The prosecutor will want to study the evidence, speak to potential witnesses, and develop convincing arguments prior to trial.

Additionally, the prosecutor must share the information they intend to use at trial with the defense. This includes exculpatory evidence or evidence that would prove the defendant’s innocence. Failure of the prosecution to provide such information is a Brady Violation. The prosecution will be subject to fines and court sanctions if a Brady violation occurs.

Preliminary Hearing

Also known as a probable cause hearing, the prosecution must demonstrate that there is enough evidence to charge you. If bail was not granted, the preliminary hearing must be held within 14 days of the initial hearing.

During the preliminary hearing, witnesses will be called, cross-examined, and evidence will be introduced. However, not all the evidence that is allowed at a preliminary hearing will be introduced at trial. If probable cause is established, then a trial date will be scheduled.

Trial Process

During the trial, the prosecution and defense will present opening statements. During opening statements, each attorney can speak directly to the jury, telling them what they will hear during the trial. Opening statements lay a roadmap for jurors, informing them of who each witness is and how they relate to the case. While opening statements can be persuasive, attorneys cannot form arguments.

Next, each side will present their respective cases, calling upon witnesses to testify and introducing items into evidence. When a party calls upon witnesses that support their case, this is known as direct examination. Questioning opposing counsel’s witnesses is known as cross-examination.

After each side has presented, the prosecutor and defense attorney will make closing arguments. Unlike opening statements, both attorneys can argue the merits of their case during closing arguments. Like opening statements, each attorney is allowed to speak directly to the jury.

At the end of the trial, the jury will deliberate in private and return a verdict. A not-guilty verdict means that you are free to go. A guilty verdict will require a sentencing hearing to be scheduled. If you are found guilty, there may be an opportunity to appeal. A federal criminal defense attorney will know the deadline to appeal and what grounds for appeal would apply in your situation.

Speak to Our Federal Criminal Defense Attorney

When you hire my services, I will work with you to ensure you are comfortable with the criminal process. Facing criminal allegations can be terrifying, but I want you to know that skilled representation gives you the best opportunity to get the charges against you dismissed or reduced. Contact our office online if you want to schedule a confidential, complimentary consultation.