Lesson 16; Federal Procedures
Federal prosecution can be brought upon a defendant after investigation by a federal
agency such as the FBI, DEA, ATF, IRS, Homeland Security, etc. Charges brought by the
state may also be adopted by a federal agency for prosecution, depending upon the
severity of the crime or if the crime was committed throughout multiple states by the
same suspect or suspects.
The first step in the federal procedure is an investigation. The investigation may include
one or more federal agencies, depending upon the scope of the investigation state and
local departments may be called to assist. Once probable cause is found the case is
presented to a federal prosecutor. The federal prosecutor determines whether to present
the case to a federal grand jury for indictment or if more evidence is needed. If the grand
jury rules to indict, meaning probable cause exists to arrest, then the subject of the
investigation is formally notified and either arrested or allowed to turn themselves in.
Once the suspect is arrested and charged an initial appearance before the judge is held
within twenty four to forty eight hours. The suspect will have their charge explained by
the magistrate, and most times a bond will be set. Before a trial is scheduled the suspect
may be offered a plea bargain. The suspect may plead guilty in order to avoid a trial and
receive a reduced sentence. If a plea bargain is not offered or the suspect turns the offer
down, the case will be set for trial. Generally, all of this takes place within a span of sixty
to ninety days. Federal charges are heard by one of ninety three US attorneys who
oversee ninety four federal judicial districts. The U.S. territories of Guam, Virgin Islands
and the Mariana Islands share one U.S. Attorney. Once the suspect goes to trial, the jury
will decide guilt beyond a reasonable doubt or find the suspect not guilty. If a not guilty
verdict is returned, the suspect is set free. If found guilty, the suspect will be released on
bail while awaiting sentence or remanded to custody until the sentencing hearing.
During the next thirty to sixty days, the presiding federal judge will consider mandatory
sentences for specific crimes. Usually, drug trafficking has a mandatory minimum.
Numerous circumstances can play into a judge, reducing or adding on to the sentence.
The suspect is then brought before the judge for sentencing.
Federal prosecution can be brought upon a defendant after investigation by a federal
agency such as the FBI, DEA, ATF, IRS, Homeland Security, etc. Charges brought by the
state may also be adopted by a federal agency for prosecution, depending upon the
severity of the crime or if the crime was committed throughout multiple states by the
same suspect or suspects.
The first step in the federal procedure is an investigation. The investigation may include
one or more federal agencies, depending upon the scope of the investigation state and
local departments may be called to assist. Once probable cause is found the case is
presented to a federal prosecutor. The federal prosecutor determines whether to present
the case to a federal grand jury for indictment or if more evidence is needed. If the grand
jury rules to indict, meaning probable cause exists to arrest, then the subject of the
investigation is formally notified and either arrested or allowed to turn themselves in.
Once the suspect is arrested and charged an initial appearance before the judge is held
within twenty four to forty eight hours. The suspect will have their charge explained by
the magistrate, and most times a bond will be set. Before a trial is scheduled the suspect
may be offered a plea bargain. The suspect may plead guilty in order to avoid a trial and
receive a reduced sentence. If a plea bargain is not offered or the suspect turns the offer
down, the case will be set for trial. Generally, all of this takes place within a span of sixty
to ninety days. Federal charges are heard by one of ninety three US attorneys who
oversee ninety four federal judicial districts. The U.S. territories of Guam, Virgin Islands
and the Mariana Islands share one U.S. Attorney. Once the suspect goes to trial, the jury
will decide guilt beyond a reasonable doubt or find the suspect not guilty. If a not guilty
verdict is returned, the suspect is set free. If found guilty, the suspect will be released on
bail while awaiting sentence or remanded to custody until the sentencing hearing.
During the next thirty to sixty days, the presiding federal judge will consider mandatory
sentences for specific crimes. Usually, drug trafficking has a mandatory minimum.
Numerous circumstances can play into a judge, reducing or adding on to the sentence.
The suspect is then brought before the judge for sentencing.
