Federal Criminal Cases Explained
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A federal criminal case operates much differently than a state level case. These cases encompass most items that don’t fall into a white-collar criminal case. Drugs and violence are two different types of criminal matters that would fall under this umbrella. It’s a necessity to have a skilled attorney on the case that has experience with federal matters. These cases tend to be much more intense and carry harsher penalties. An attorney may be able to assist you in beating or reducing the charges. The United States Department of Justice, Offices of The United States Attorneys offers a great wealth of information regarding the federal criminal process. Click here to visit their website.
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An investigation kicks off the process:
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A federal criminal investigation is the onset of any federal criminal matter. You may be notified of an investigation by letter, a home visit, a search warrant, a subpoena, or even through friends and family. Regardless of the method utilized, strict compliance is required. If possible, attempt to contact an attorney at the very earliest convenience.
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Following the investigation is charging:
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The prosecutor in the matter reviews the information that’s been gathered from the investigation. He or she will then determine whether an indictment is in order. They may or may not present the information to a grand jury depending on the circumstances.
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The initial hearing and arraignment:
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The day of or after the person is arrested and charged with the crime, they’ll go before a magistrate who’ll read the charges, rights, and possibly the potential outcome(s) of the case. At this point the magistrate will decide whether to set bail based on hearing the facts of the case and several other factors.
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Discovery and preparation for trial:
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Discovery is the phase where witnesses are contacted, and evidence is gathered. During this period the defense and prosecuting attorney are doing a great deal to prepare for the trial. They’ll consider and anticipate additional factors that may come into play and develop their strategy for arguing the case.
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plea bargaining is the next step:
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Plea bargaining involves the government offering an alternative punishment to the one they may receive if they had a full trial. The government typically offers plea deals when it feels it has a solid case against the defendant. If a plea bargain is accepted, the individual must have already plead guilty and would then skip the trial they’d normally be scheduled for and go directly to a sentencing hearing.
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The optional preliminary hearing:
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Within 14 days of being held on a crime, a mini or preliminary trial can be held. The defendant can waive this; however, their attorney may advise them to participate. The prosecution must meet certain evidence thresholds that establish that they have enough to co
