Understanding the Federal Criminal Process

Federal criminal cases follow a specific timeline and procedure that differs significantly from state court processes. Understanding what to expect can help you make informed decisions about your defense.

Federal Investigation Phase

Pre-Indictment Investigation Federal investigations often begin with financial audits, surveillance, or tips from informants. Agents may attempt to interview subjects, execute search warrants, or issue grand jury subpoenas for documents and testimony.

Target Letters Federal prosecutors may send target letters informing individuals they are targets of a federal investigation. These letters often invite cooperation or proffer sessions but should never be responded to without experienced counsel.

Grand Jury Process Federal cases typically require grand jury indictments. The grand jury process is secretive, and defendants have no right to appear or present evidence. However, witnesses may receive subpoenas requiring testimony or document production.

Federal Charging Phase

Indictment vs. Information Most federal cases begin with grand jury indictments, though some cases may proceed by information if the defendant waives the right to indictment. Indictments formally charge defendants with federal crimes and trigger strict procedural timelines.

Initial Appearance and Detention Following arrest or surrender, defendants appear before a federal magistrate judge for an initial appearance. This hearing addresses bail, detention, and appointment of counsel for indigent defendants.

Preliminary Hearing If arrested without an indictment, defendants may request a preliminary hearing to determine if probable cause exists. This hearing must occur within 14 days if the defendant is detained.

Federal Pre-Trial Phase

Discovery Process Federal discovery rules require the government to provide exculpatory evidence (Brady material) and allow defense access to witness statements, expert reports, and other evidence. Discovery in federal cases can be voluminous and complex.

Motion Practice Federal defendants may file various pre-trial motions challenging evidence, seeking dismissal of charges, or suppressing illegally obtained evidence. Common motions include suppression motions, statute of limitations challenges, and constitutional violations.

Plea Negotiations Federal prosecutors have broad discretion in plea negotiations. Cooperation agreements, substantial assistance departures, and charge bargaining are common in federal cases. However, federal plea agreements are typically more restrictive than state plea deals.

Federal Trial Phase

Jury Selection Federal jury selection involves questioning potential jurors about their ability to serve impartially. Federal cases often involve complex evidence requiring jurors capable of understanding sophisticated financial or technical evidence.

Trial Proceedings Federal trials follow Federal Rules of Evidence and Criminal Procedure. Federal judges actively manage proceedings and may impose strict time limits on presentations. Federal prosecutors are typically well-prepared and experienced.

Sentencing Phase Federal sentencing occurs after conviction and involves detailed presentence reports prepared by federal probation officers. The Federal Sentencing Guidelines provide advisory ranges, but judges have discretion to impose sentences above or below guideline ranges.