Those facing federal criminal charges often want to know what will happen next so they can assist their legal representation while making the best decisions possible. Here’s a quick rundown of the steps and why they’re crucial. If you have questions, contact Chambers Law Firm at 714-760-4088 to request a case review.
Investigation
Crime evidence is developed by the FBI or other federal investigators, sometimes in collaboration with state police. They do not bring any charges against you. If you are a suspect in a federal criminal investigation, agents will contact you, whether or not they identify themselves. If you feel you are being investigated, get legal advice so that you do not unknowingly waive your rights.
Charging
Whether or not to bring federal criminal charges in federal district court is a decision made by US district attorneys. In most cases, federal prosecutors can only pursue felony charges if a federal grand jury issues an indictment.
A grand jury is a secret panel of between 16 and 23 people. If you get notice of a grand jury proceeding, you should obtain the best legal representation possible. Although a criminal defense lawyer is not permitted to enter the grand jury room, he or she can and should assist a client outside of it.
Arrest
The majority of criminal defendants are unaware of their impending arrest, making it a traumatic experience. Federal agents conduct arrests based on federal charges that have been filed. Those agents usually take the defendant to their local office for basic information and fingerprints while trying to persuade the defendant into making an incriminating confession. Provide correct name and address, as well as other basic identifying information, if you are arrested. Do not say anything else.
Miranda rights should not be waived. Don’t make any statements. Instead, take advantage of any opportunities agents may provide to contact a federal criminal defense attorney.
Arraignment
When federal agents make an arrest on a criminal accusation, they must transport the offender to the local federal courtroom the same day or the following day for arraignment before a federal magistrate judge.
The defendant is informed of the accusations as well as some procedural rights, such as the right to counsel. At the arraignment, you should have your counsel present to submit a not guilty plea and urge for your release on bond.
Discovery
Federal prosecutors must communicate crime evidence with the lawyer of a federal criminal defendant, including both damning and exculpatory evidence proving that the defendant did not commit the crime.
Your lawyer can use discovery to interview witnesses, analyze documents, and prepare and evaluate your defense.
Preliminary Hearing
Unless the defendant waives the hearing, the federal magistrate court must convene a preliminary hearing within two to three weeks of arraignment during which the prosecution must present evidence on each element of the accused offense.
At the preliminary hearing, your lawyer can learn about the facts in your case and argue for the dismissal of unfounded accusations.
Motions for Pretrial Release
When substantial legal problems arise, such as whether your constitutional rights were violated, whether evidence was admissible, and whether the evidence was sufficient to sustain the charge, the federal court assigned to your case considers pretrial motions to resolve those legal concerns.
Depending on the outcome of the pretrial motions, plea bargaining happens. Pretrial motions provide your lawyer with one of the finest opportunities to actively advocate on your behalf.
Trial
If the federal court does not dismiss the charge and the defendant does not take a plea bargain, the case will be tried in front of a twelve-person jury unless the defendant and prosecution waive the jury, in which case the charges will be decided by a federal judge.
Trials entail opening speeches, direct and cross-examination of witnesses, motions, objections, directions, and closing arguments are all part of the courtroom proceedings. Following the trial, the court may consider additional motions.
Sentencing
A guilty defendant is frequently sentenced months after the trial. For the defendant’s challenge and the judge’s evaluation, federal officials must first investigate and write a presentence report. The sentence hearing is then held before the federal court, during which victims and the defendant may make remarks.
A defendant facing sentencing need expert representation to ensure that the case is presented fairly and that the court respects federal sentencing standards, as well as to push for the shortest possible term. Following that, a defense counsel may be able to successfully challenge unfavorable trial results on appeal.
As you can see, this can be a complicated process. It is essential to have help from an experienced federal criminal defense attorney. Call Chambers Law Firm now at 714-760-4088 to get started.
