Understanding the Federal Criminal Process


It may seem difficult to navigate the federal criminal justice process, especially if somebody is involved in this process because they have been affected by a crime through no fault of their own. Every case is different, and some cases may end up being more complex than others, but overall, the United States laws and courts follow a rigid process.

Federal vs. State Laws

Congress creates federal laws, called statutes, in order to keep U.S. citizens safe. Some acts are federal offenses that can only be prosecuted in U.S. District Court, while other crimes fall under both state and federal laws. In cases like these, federal and state attorneys must determine which court the person should be tried in: the U.S. District Court or a state court.

Felonies and Misdemeanors

Criminal actions generally fall into one of two types: felonies or misdemeanors. Felonies are the most serious offenses and can result in a prison sentence longer than a year. Misdemeanors, on the other hand, carry a much less harsh sentence, usually a year or less. It is up to Congress to decide which criminal actions are considered felonies and which are misdemeanors at the federal level. When it comes to crimes that violate state laws, it is up to the state legislature to make that determination.

Steps in the Federal Criminal Process

  1. Complaint and Arrest Warrant: The police get a warrant for the suspect’s arrest. The warrant comes from a complaint the U.S. District Court filed that was signed by a police officer. This is used to establish probable cause to believe that the suspect committed a crime.
  2. Initial Appearance: The suspect is granted an initial appearance before a judge, who will advise them of their rights and determine whether they can afford to hire an attorney. If the accused cannot afford a lawyer, they will be appointed a public defender. The judge also sets a bond and release conditions for the accused.
  3. Detention Hearing: If the accused is detained, they must have a detention hearing within three business days. During this hearing, the judge will listen to evidence of whether or not the alleged offender is a flight risk or a danger to their community to determine whether they should be detained or let go while a trial is pending.
  4. Preliminary Hearing: Within ten days of the initial complaint or arrest warrant, the suspect may be given a preliminary hearing. At this hearing, an assistant U.S. attorney can offer testimony in an effort to establish probable cause. Meanwhile, the defense attorney may offer a rebuttal with evidence to help the suspect’s case. If the judge believes that there is probable cause for the accused’s role in a crime, the case is sent to a grand jury for the next step.
  5. Grand Jury: A grand jury consists of 23 citizens from a judicial district. People chosen to serve on a grand jury are brought in for a few days a month for an entire year to help decide whether there’s enough evidence against the accused person to merit a trial.
  6. Indictment Sought: This can happen after filing a complaint or in lieu of filing a complaint. Assistant U.S. attorneys go before the grand jury to convince them that there is probable cause that the individual committed a crime. This is done by presenting witnesses and evidence. Defense attorneys do not appear before a grand jury, and the suspect does not testify before them, either. The grand jury’s work is kept secret.
  7. Indictment Returned: An indictment is issued if the grand jury determines that the presented evidence is enough to establish probable cause. In order for this to happen, at least 16 of the grand jury members must be present and at least 12 of these jurors must vote in favor of indictment.
  8. Arraignment: After an indictment is returned and an arrest has been made, then a judge must preside over an arraignment. The defendant is read the charges filed against them and advised of their rights. This is the time where they must enter a plea of “guilty” or “not guilty.” If deemed necessary, a trial date is scheduled during an arraignment and a schedule for motion hearings is set.
  9. Plea Agreement: In the United States, all defendants are presumed to be innocent until they are proven guilty in court or they admit guilt. If the defendant pleads not guilty during arraignment, then a trial will take place unless a plea deal can be reached between the defense attorney and the assistant U.S. attorney.
  10. Trial: If there is no plea agreement, a trial is held before a jury and overseen by a district court judge. During this trial, the U.S. attorney must present evidence and call witnesses, as the government has the burden of proof. The defense attorney may also call witnesses and present evidence if need be. After everything is presented, the jury must decide unanimously whether the defendant is guilty or not guilty. If the defendant is not guilty, they are free to go. If they are guilty, then they move on to the next step: pre-sentencing.
  11. Pre-Sentencing: After a guilty plea or guilty verdict, the U.S. probation office sends a sentencing recommendation to the U.S. District Court judge as part of its investigation report.
  12. Sentencing: The U.S. District Court judge must impose a sentence, which typically happens around eight weeks after the trial ends. The sentence could be a term of incarceration in federal prison, supervised release, a monetary fine, or an order of restitution that directs the defendant to pay the victims back the money they lost or cover the expenses incurred from the crime.
  13. Appeal: If the defendant is unsatisfied with the finding of guilt or their sentence, they may file an appeal. This is done by filing a Notice of Appeal with the sentencing court within ten days of the sentencing date. If the defendant pleaded guilty, then they may only appeal their sentence, as they typically give up their right to appeal during the plea agreement.

Further Reading