The Federal Criminal Justice System consists of specific steps that must be maneuvered. For most people, the process may seem extremely daunting. Crimes are categorized as “federal offenses” if they have violated federal legislation or were committed on federal property, including Native American reservations.
If you or a loved one were charged with a federal crime, here are the steps you can expect to go through.
Step #1: Investigation
This first step involves the functions of criminal investigators from certain federal agencies. These investigators are tasked with the legwork required to build cases for presentation to a district’s United States attorneys.
Among these agencies are:
- Drug Enforcement Administration (DEA)
- Federal Bureau of Investigation (FBI)
- Homeland Security
- Bureau of Alcohol, Tobacco, Firearms and Explosives
Step #2: Charging
This step comes into play if the grand jury has determined that the presented evidence is enough to require the accused to stand trial.
Step #3: Initial hearing/arraignment
Once charged on the basis of the grand jury’s findings, the defendant is ushered before a magistrate judge for an initial hearing. During this proceeding, the accused is formally apprised of all pending charges, as well as a defendant’s rights under the law. The matter of legal representation by private counsel or public defender is also settled. The judge considers whether to grant bail or to remand the defendant.
Step #4: Discovery
The discovery phase benefits both the defense attorney and the prosecutor. The prosecutor examines all facets of the crime to clarify any potential grey areas. The prosecutor’s staff will also interview witnesses, further pore over evidence and actively strategize.
The defense attorney’s office will be occupied in concurrent activity. Discovery continues until the trial starts.
Step #5: Plea bargaining
The defendant is allowed the option of declaring guilt or innocence. However, if the government’s case is ironclad, the government may offer the defendant a plea deal rather than going to trial. Should the defendant plead guilty, the process advances to the sentencing stage where the judge imposes an appropriate sentence.
Step #6: Preliminary hearing
This action may or may not occur. It’s predicated upon a plea of innocence. It falls to the prosecutor to prove that there’s enough evidence to charge the defendant. Since the rules don’t require this step, the defendant can opt to forego it. No jury sits in a preliminary hearing; only the judge and opposing counsel. The judge schedules a trial if probable cause warrants it. Alternatively, the judge can dismiss all charges.
Step #7: Pre-trial motions
Generally, 1 of 3 motions is presented:
- To dismiss
- To suppress
- To change the venue
Step #8: Trial
Here, all the gathered evidence, witnesses’ sworn testimonies—from the prosecution and the defense—and the defendant’s perspective are presented before a judge and jury. The judge, lacking bias, decides on the fairness of all introduced components.
Step #9: Post-trial motions
Commonly, these motions are filed:
- New trial
- Judgment for acquittal
- To vacate, set aside, or correct a sentence
Step #10: Sentencing
A judge doesn’t just sentence a defendant willy-nilly. Besides weighing the facts, victims’ impact statements, any mitigative factors or heinousness as in some sex crimes, a judge reviews guidelines set forth by the U.S. Sentencing Commission.
Step #11: Appeal
A defendant is allowed to appeal a guilty verdict to the Federal Circuit Court of Appeals.
Should you be unfortunate enough to find yourself charged with a federal crime, you’ll want to engage able legal counsel to represent you. Some familiarity with the ins and outs of the system may allow you to be more easily in sync with your attorney’s approach.
Whether you’re accused of federal drug or sex crimes, the journey of the process will be the same. Don’t wander it alone.
