Last Updated on: 20th October 2023, 02:00 pm

The Federal Criminal Pretrial Process Explained by an Attorney

The federal criminal justice system can seem complicated and intimidating to anyone facing charges. As your defense attorney, I want to walk you through the key steps so you understand what to expect. This article will explain the major events that occur between an arrest and a federal criminal trial.

Investigation

The pretrial process starts with an investigation by federal law enforcement agencies like the FBI, DEA, ATF, or ICE. They gather evidence and build a case against suspects. This can involve surveillance, informants, searches, and interrogations. If they find sufficient evidence, they will refer the case to federal prosecutors.

Charging

The next big step is charging. Federal prosecutors will review the investigation and decide whether to press charges. For felonies, they must present evidence to a grand jury, which will decide if there is “probable cause” to indict you. If they vote to indict, you will be formally charged. For misdemeanors, prosecutors can just file a complaint spelling out the charges against you.

Initial Appearance

Once charged, you will be brought before a judge for an initial appearance within 24 hours if you are in custody, or within 14 days if you were summoned. At this hearing:

• The charges will be reviewed
• You will be advised of your rights
• Bail will be set or denied
• You can request a preliminary hearing

This is a critical hearing, so having an attorney present is highly recommended.

Discovery

After charges are filed, your defense team will request discovery from the prosecution. This includes copies of the evidence, witness statements, investigative reports, and other documents. Reviewing this thoroughly is crucial to building your defense strategy.

Plea Bargaining

Many federal cases end in a plea bargain rather than a trial. An agreement is negotiated where you plead guilty in exchange for concessions like lesser charges or a sentencing recommendation. I will discuss the pros and cons so you can decide if it’s right for you.

Preliminary Hearing

For felonies, you can request a preliminary hearing where the prosecution must show there is “probable cause” you committed the crime. This is a chance to test their evidence early and potentially get charges dismissed. Waiving this hearing is common, but I’ll advise you on the best approach.

Pre-Trial Motions

There are many types of pre-trial motions we may make to fight the charges, such as:

• Motion to Suppress – Argue evidence was obtained illegally and should be excluded
• Motion to Dismiss – Assert there are legal defects in the charges or proceedings
• Motion for Change of Venue – Request moving the trial location if bias exists

I will file motions that give you the strongest chance of success.

Sentencing

If you are convicted, the final pretrial step is sentencing. For felonies or serious misdemeanors, a presentence report will recommend a sentence range under advisory guidelines. We’ll argue for the lowest end, and you can present mitigating factors. The judge imposes a sentence based on all the information presented.

Knowing the likely penalties can help inform your decisions on plea bargains and trial strategy. I’ll give you my best estimate so there are no surprises.

Key Laws Governing Federal Pretrial Process

There are some important laws and rules that shape how the federal pretrial process works:

• Bail Reform Act – Governs release or detention decisions at initial appearance[1]
• Federal Rules of Criminal Procedure – Spell out procedures for pretrial motions, discovery, pleas, etc. [2]
• Federal Rules of Evidence – Determine standards for admissibility of evidence at hearings and trial[3]
• Speedy Trial Act – Requires trial within 70 days of indictment for detained defendants[4]

In addition, federal judges have their own local court rules that can impact pretrial matters in their districts. I stay on top of all these standards and procedures so I can defend you effectively.