What Are the Steps to Expect in a Federal Criminal Case?

There are many steps in most federal criminal cases, and each step can take a significant amount of time — especially the stage of investigation, and the trial itself in complicated cases. Post-trial motions, when necessary or pursued, can also extend the timeline of a federal criminal case by months or years, depending on the specific circumstances. The United States Department of Justice outlines the general steps that a person can expect in the federal criminal process, and it is important to know that a federal criminal defense attorney in Tampa can assist you at all stages — even in the early stages of an investigation. Consider the following steps, and get in touch with an attorney at the Law Offices of Daniel J. Fernandez, P.A. to ask questions or to begin working on a defense strategy in your case.

Investigation

Federal agencies conduct investigations into potential criminal offenses, and investigations involve gathering evidence that can ultimately be used to support charges. Investigations can take a very long period of time in some cases. The agencies that are typically involved in federal criminal investigations can include but are not limited to:

• FBI;
• DEA;
• ATF;
• USSS; and
• DHS.

Charging

Next, a person will be arrested and then charged — formally indicated — by the prosecution for the offense if the prosecution believes it has sufficient evidence. Before an indictment, the case will typically be presented to a grand jury.

Initial Hearing or Arraignment

An initial hearing, or an arraignment, will occur shortly after an arrest. The person may be released on bail until subsequent steps occur.

Discovery

Discovery is the phase in which both sides gather evidence, including witness evidence, for the trial.

Plea Bargaining

Plea bargaining does not always occur, but the prosecution can offer a plea deal to the defendant in order to avoid trial. A plea typically involves an agreement with the defendant to plead guilty to a lesser offense or to a lesser sentence. Plea bargains are often helpful to defendants in cases where the government’s case is especially strong.

Pre-Trial Motions and Trial

Either side can present various relevant pre-trial motions, and then the trial will begin. Pre-trial motions can involve efforts to suppress or restrict certain evidence, seeking a change of venue, and more. Then the trial will begin, in which both sides will present their cases — typically to a jury but sometimes to a judge.

Post-Trial Motions

After a conviction, a defendant may be able to present different types of pre-trial motions that can be aimed at dropping the charges or that may be looking ahead toward an appeal.

Sentencing

The defendant will be sentenced according to the offense for which they were convicted.

Appeals

As a defendant, you can begin working on an appeal after sentencing has occurred.

Contact a Tampa Criminal Defense Attorney to Get Help with a Defense Strategy for the Federal Criminal Charges in Your Case

Once you are arrested and charged with a federal offense, it is particularly important to have an attorney on your side with experience handling federal criminal defenses who can begin working on your case. An experienced Tampa federal criminal defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. can discuss the details of your with you today, and we can start developing a defense strategy that is based on the facts of your case. Contact us for assistance.

Source: 

justice.gov/usao/justice-101/steps-federal-criminal-process