If you think federal agencies are investigating you for a federal crime, you need a lawyer. Most people find federal criminal cases intimidating, so we’ve prepared the following information about how federal cases work for you.
Stages of a Federal Case
The steps in a federal criminal case include:
Federal Investigation and Case Development
The first stage in a federal case is the investigation. Several agencies may carry out these federal investigations, including:
- Federal Bureau of Investigation (FBI)
- United States Secret Service (USSS)
- Homeland Security Investigation (DHS/HSI)
- Drug Enforcement Administration (DEA)
- Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
These federal agencies gather evidence and provide it to federal prosecutors. The investigation stage is one of the most irregular portions of the federal criminal case timeline and can take weeks, months, or even years.
Charging Decision, Indictment, or Criminal Complaint
Upon receipt of the evidence, the prosecutors enter the federal charges process. They must decide whether to charge someone with a crime. Federal charges occur through an indictment. The prosecutor must present the evidence to a grand jury before any indictment can be made. A grand jury consists of 16 to 23 citizens. Twelve or more grand jurors must agree that there is probable cause to bring charges before the court can issue an indictment.
Prosecutors can skip the grand jury if the offense is a misdemeanor. They can file a criminal complaint instead. After the prosecutor files the charges, the defendant will be formally notified and summoned to appear in court.
Initial Appearance, Arrest, and Detention Hearing
The defendant’s first appearance comes immediately after the indictment. At this appearance, the judge explains the defendant’s rights, the charges, the potential penalties, and information about legal representation. The judge may set a bail hearing.
The defendant must enter a plea of guilty, not guilty, or no contest during this hearing.
A detention hearing occurs within three to five days to determine whether the defendant must remain in custody.
Arraignment and Pretrial Proceedings
The steps in the court process include pretrial motions. Defense attorneys file pre-trial motions to challenge the legality of certain aspects of a criminal case before going to trial. A defense attorney can use these motions to try to dismiss the case, change venue, and suppress certain statements or evidence.
Another important pretrial proceeding is discovery. Discovery is a process in which each party submits evidence, documents, and testimony to the other side to allow for a fair trial.
During discovery, the defense lawyer seeks proof to support innocence or introduce reasonable doubt, while federal prosecutors seek evidence to build their case. Both sides must exchange any evidence they plan to use in court, and an attorney reviews evidence and develops a defense strategy based on the information provided by the prosecution. Exculpatory evidence, which could prove the defendant’s innocence, must be provided by the prosecution.
Plea Agreement or Trial and Sentencing
The prosecutor may offer a plea deal, in which a reduced sentence is offered in exchange for a guilty plea to lesser charges. If the defendant accepts the plea, no trial will be required.
If no plea agreement is made or accepted, the case will proceed to a preliminary hearing within two or three weeks of the initial appearance. In this hearing, the judge will determine whether there is enough probable cause to proceed to trial. If so, the case will go forward. If not, the judge will recommend that the charges be dismissed.
The trial is a pivotal stage in the federal criminal process, where the government and the defense present their cases before a judge or jury. In a federal criminal trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt—a high standard that protects the rights of the accused.
Most cases are tried before a jury unless the defendant waives their right to a jury trial. In that case, the judge will decide the case. The process begins with jury selection, where both sides question potential jurors to ensure a fair and impartial panel. Once the jury is seated, the prosecution and defense deliver opening statements outlining their positions.
During the trial, federal prosecutors seek to establish the defendant’s guilt by presenting evidence, which may include physical evidence, documents, and witness testimony. The Texas criminal defense lawyer seeks to challenge the government’s case by cross-examining witnesses and presenting evidence that supports the defendant or raises reasonable doubt.
Both direct and circumstantial evidence may be introduced, and the defense has the opportunity to argue that the evidence presented does not meet the burden of proof required for a conviction.
After both sides have presented their evidence and made closing arguments, the jury deliberates to determine whether the prosecution has proven the defendant’s guilt beyond a reasonable doubt. If the jury finds the defendant guilty, the case moves forward to the sentencing phase. If not, the defendant is acquitted and released.
The judge will schedule a sentencing hearing if the defendant is found guilty. This may take place several months after the verdict is rendered.
How a Dallas Federal Crime Lawyer Can Help at Each Stage
If you are being investigated for a federal crime or if you’ve been charged, a Dallas federal crime lawyer from Broden & Mickelsen, LLP can stand up for your rights, prepare a skillful defense, and fight for the best possible outcome in your case. Call today for your free legal consultation.
