Being arrested and charged with any crime is serious, but federal charges are a completely different animal. When you’re facing federal criminal charges, the stakes are much higher than state-level prosecutions. Federal cases often involve more severe penalties, complex legal procedures, and are prosecuted by well-resourced government attorneys.
If you’ve been charged with a federal crime, understanding the federal criminal process is crucial to protect your rights.
Here’s what you need to know.
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Federal vs. state charges: what’s the difference?
State crimes breach state statutes, while federal crimes are offenses that violate U.S. federal laws. Each type of case is heard in a different court system with similar, but different procedures.
Federal courts handle cases involving federal laws, interstate activities, and crimes committed on federal property. For example, the federal government pursues cases like mail fraud, tax evasion, and crimes that cross state lines.
Federal prosecutors, also known as U.S. Attorneys, typically have more resources and time to build a strong case than state prosecutors. This usually leads to thorough investigations and a higher likelihood of conviction. If you’re facing federal criminal charges, you need a highly skilled federal defense attorney – preferably one who used to be a federal prosecutor who knows the system inside and out.
The federal legal differs
When you’re first suspected of committing a federal crime, you’ll be investigated by federal agencies, like the FBI, DEA, and IRS. This phase of the process can be lengthy and might involve surveillance, interviews, and subpoenas. If sufficient evidence is found, the case will be presented to a grand jury to determine whether or not to indict you. An indictment is a formal charge for a federal offense.
Once you’ve been charged, you’ll appear in federal court to hear the charges being brought against you, and that’s when you’ll enter your plea. If eligible, your bail will be set at this time.
The role of the federal grand jury
A grand jury plays a crucial role in the federal process and first determines whether there is probable cause for charges. Typically, a grand jury consists of 16-23 citizens who review the evidence presented by the prosecution. They meet in secret and have the ability to subpoena witnesses and documents. Grand jury proceedings are confidential, and you don’t have the right to present evidence or have counsel present during this process.
Pre-trial motions and discovery
Before trial, there will be a discovery phase where the defense and prosecution exchange evidence like witness lists, documents, and other materials. At this time, both attorneys can file motions to suppress evidence, dismiss charges, or request a venue change. There’s also a chance that a plea bargain might be discussed in order to resolve the case without going to trial.
Federal trials
If your case goes to trial, it will follow a highly structured process, similar to a state trial. A jury will be selected, evidence will be presented, testimonies will be heard, and the prosecution will do their best to prove your guilt beyond a reasonable doubt.
Once the case has been presented, the jury will deliberate and return a verdict. If the jury returns a guilty verdict, the judge will schedule a sentencing hearing. Keep in mind that the standard of proof in a federal case is much higher than the civil standard, and to return a guilty verdict, jurors must be virtually certain of your guilt.
Federal sentencing
Compared with state sentences, which can be lenient and flexible, federal sentences are usually more severe and come with mandatory minimums and less opportunity for supervised release.
Your sentence will be determined based on your offense and criminal history. Judges do consider factors like the nature of the crime and mitigating circumstances. However, some offenses carry mandatory minimum sentences, which limits judicial discretion. The laws regarding sentencing can result in lengthy prison terms, even for first-time offenders. Still, some judges depart from sentencing guidelines in specific cases when considering factors like cooperation with authorities and acceptance of responsibility.
Federal appeals
If you believe your conviction or sentence is unjust, you can file an appeal. However, it has to be based on legal error. For example, common reasons for filing an appeal include legal errors during the trial, insufficient evidence, or improper jury instructions. The appellate court will review your case and decide whether to affirm your conviction, reverse it, or remand the case for a new trial. Only in rare cases will the U.S. Supreme Court hear an appeal.
The federal legal process is complex
Being arrested is a nerve-wracking experience, so don’t hesitate to get a federal defense attorney for the best possible outcome. Facing federal criminal charges has serious implications and you need all the support you can get.