A federal prosecution involves numerous steps, ranging from arrest to sentencing and to potential appellate proceedings. Family members who have a loved one arrested on federal charges in Forney may wonder what will happen in their criminal case. After a loved one gets arrested for a criminal offense under federal law, your family deserves to know what to expect in a federal criminal case in Forney so you can support your loved one through their prosecution.
What Are Federal Criminal Charges?
Federal prosecutions involve charges under the U.S. Code (federal law). Federal criminal charges typically involve crimes against the federal government, involving the mail, telecommunications, or the banking system, or that occur across state or national borders. Common examples of federal criminal charges include:
- Drug trafficking
- Unlawful possession of firearms
- Illegal purchase of firearms
- Human trafficking
- Kidnapping (across state lines or national borders)
- Money laundering
- Counterfeiting
- Tax evasion
- Medicare fraud
- Securities fraud
- Violent crimes against federal employees
The Arrest and Initial Appearance
The first stage of a federal criminal case involves a defendant’s arrest and their initial appearance in court. Law enforcement officials may arrest an individual on federal charges if they witness the individual committing a federal offense or have probable cause to believe the individual committed a federal crime. An arrest may also result from the issuance of an arrest warrant after prosecutors file a criminal complaint or obtain an indictment. At the initial appearance, a federal magistrate judge will advise a defendant of their rights and determine whether to release them or detain them during the criminal proceedings.
Indictment and Arraignment
In the federal criminal justice system, U.S. Attorneys obtain indictments against defendants from a federal grand jury. Prosecutors present the government’s evidence to the grand jury, which must decide whether the government has sufficient evidence to try a defendant on a specific charge. After the issuance of an indictment, a defendant may appear in court for an arraignment, where the magistrate judge will inform the defendant of the charges and take their initial plea.
Pretrial Proceedings and Plea Negotiations
Pretrial proceedings in a federal criminal case will involve discovery, where the prosecution turns over the evidence it intends to present at trial and any potentially exculpatory evidence or evidence favorable to the defendant. The parties may also file pretrial motions to challenge the admissibility of evidence. Defendants may also file motions to dismiss their indictment, challenging the sufficiency of the evidence in the government’s case to bring them to trial. Federal prosecutors and defendants may also engage in plea negotiations to reach a deal where the defendant agrees to plead guilty to certain charges in exchange for various concessions from the government.
Trial
A federal criminal trial involves various phases, including:
- Jury selection
- Opening statements (where the parties summarize the evidence they intend to present during the trial)
- Presentation of evidence and witnesses
- Closing arguments (to summarize the evidence and argue why it should result in a guilty or not guilty verdict)
At trial, the government bears the sole burden of proof to establish each element of a defendant’s charge beyond a reasonable doubt. A defendant does not have to present any evidence or witnesses to secure an acquittal, as the jury must acquit if the government fails to meet its burden of proof.
Sentencing
Following a conviction, the federal court will hold a sentencing hearing to consider the presentence report, victim statements, and the parties’ arguments to determine the defendant’s sentence. Federal judges rely on the U.S. Sentencing Guidelines to determine presumptive sentencing ranges and evaluate factors for varying upward or downward from the presumptive range.
Appeals and Post-Conviction Options
Convicted defendants can file post-trial or post-sentencing motions to raise errors by the district court. Following sentencing, they may also file a direct appeal to the U.S. Court of Appeals. Defendants can also assert claims of ineffective assistance of counsel or newly discovered evidence through post-conviction relief.
Contact Our Federal Criminal Defense Attorneys Today
Has the government indicted a family member on federal charges? If so, you may experience significant anxiety about what your loved one will face in the federal criminal justice system. Contact Guest & Gray today for a free, confidential consultation with our Forney federal criminal defense lawyers to learn more about what happens in a federal criminal prosecution and to know what to expect in your loved one’s case.
