FEDERAL CRIMINAL DEFENSE LAWYERS

Federal criminal cases can involve several stages. Not every case follows the exact same path, and the process can vary depending on the charges, the evidence, and the circumstances of the investigation.

1. Federal Investigation

Federal law enforcement agencies investigate suspected violations of federal law and may work with federal prosecutors in developing a case.

Investigations can involve interviews, searches, subpoenas, surveillance, financial records, electronic evidence, and other investigative methods.

A person may be investigated without knowing that they are the subject of an investigation.

2. Federal Charging and Indictment

If federal prosecutors decide to pursue criminal charges, the case may proceed through a federal grand jury.

For federal felony offenses, the Constitution generally requires an indictment by a grand jury unless the defendant waives that right. An indictment formally identifies the federal charges being brought against the defendant.

The timing and circumstances surrounding an indictment can vary from case to case.

3. Initial Appearance and Arraignment

After a defendant is charged, the federal court addresses important issues including the defendant's rights, representation by counsel, the charges, and whether the defendant will remain in custody or be released while the case proceeds.

At arraignment, the defendant is formally advised of the charges and enters a plea.

4. Discovery and Investigation of the Case

The defense then examines the government's evidence and investigates the allegations.

Depending on the case, this can involve reviewing documents, electronic evidence, witness statements, recordings, financial records, investigative reports, and other evidence.

The defense may also investigate whether evidence was obtained lawfully and whether the government's case can be challenged.

5. Pretrial Motions

Depending on the circumstances, the defense may file motions addressing legal or evidentiary issues.

For example, a defense attorney may challenge evidence, search procedures, statements, warrants, or other aspects of the government's case.

The appropriate strategy depends on the facts and legal issues involved in the individual case.

6. Plea Negotiations or Trial

Some federal criminal cases are resolved through a negotiated guilty plea. Others proceed to trial.

A plea agreement does not automatically determine the sentence. The federal court ultimately determines the sentence according to applicable law and the circumstances of the case.

If a case proceeds to trial, the government must prove the defendant's guilt beyond a reasonable doubt.

7. Sentencing

If a defendant is convicted or pleads guilty, the case may proceed to sentencing.

Federal sentencing can involve statutory penalties, the Federal Sentencing Guidelines, the defendant's criminal history, the circumstances of the offense, and other factors.

Because sentencing exposure can vary significantly depending on the charges and facts, understanding the potential consequences early in the case is important.

8. Appeal

After a federal conviction or sentence, an appeal may be available depending on the circumstances.

A federal appeal is not a new trial. Instead, the appellate court reviews specific legal or procedural issues that may have affected the case or sentence.