Mary E. Conn & Associates understands that the threat of federal justice can leave you and your family thoroughly unnerved. How are you supposed to protect your future if you don’t know which hoops in the federal criminal justice system you have to jump through?
Fortunately, the firm’s team of lawyers is here to help. You can request a breakdown of the federal criminal justice system ahead of your case so you can more effectively prepare for the process to come.
An Investigation Must Take Place
Government representatives will not arrest you out of nowhere. Federal institutions have an obligation to thoroughly investigate the crimes they believe are taking place before they can accuse another party of engaging in illegal activities. This investigation often isn’t quick and may take years to resolve.
That said, the government does not have to inform you that you’re under investigation. Institutions like the FBI, DEA, DHS, and USSS may instead inform federal prosecutors that they’d like you arrested once they’ve built up enough evidence to move their case forward.
These parties do, however, have to obtain arrest warrants before they can carry out an arrest. Likewise, all parties must have a warrant before they can enter your home to look for evidence of wrongdoings. Law enforcement that enters your home without a warrant may invalidate any evidence of wrongdoings they find in that process.
The Federal Government Places Charges
Once the federal government finishes building a case against you, prosecutors can determine how to charge you. You can only face federal felony charges if you’re charged by an indictment. Misdemeanors, comparatively, do not require an indictment but rather move forward via complaint.
When you determine what charges the federal government intends to bring against you, it’s in your best interest to connect with a private representative. Our attorneys can break down the charges brought against you so you can begin formulating a defense.
Initial Hearing and Arraignment
Once you undergo an indictment (or, in misdemeanor cases, your complaint), you can expect to attend a hearing and arraignment. Here, you get to learn about the charges brought against you. You also have the opportunity to enter a guilty or not guilty plea at this time. It is recommended that you have an attorney with you throughout this process.
It’s at this point that the court can determine whether or not you qualify for bail. The court will ask questions about the danger you allegedly pose to society before setting your bail and requesting payment in exchange for time spent out of jail.
Plea Bargaining (Optional)
Before you enter a guilty plea, consider discussing your right to a plea bargain with an attorney. Criminal defense attorneys covering federal cases can oftentimes work with the defense to reduce the charges brought against you in exchange for information.
However, if you plead not guilty during your arraignment, you may waive your right to an initial plea bargain. You can discuss the pros and cons of plea bargains when you first meet with your criminal defense attorney.
Discovery and Pre-Trial Motions
Should the case against you move forward, your attorney must work with the prosecution to compile all of the evidence related to your case. The court refers to this exchange of information as “discovery.”
At this same time, you can expect your attorney to explore your right to pre-trial motions. If it appears that the prosecution intends to use illegally obtained evidence or shady means to charge you with a crime, your attorney can fight back. The motions that most often come into play during these preliminary stages can include the following:
- Motion to suppress
- Motion to dismiss a specific charge on insufficient evidence
- Motion to compel the prosecution
You can bring any questions you may have about pre-trial motions to a consultation with our team.
Trial and Sentencing
Upon the conclusion of discovery, your trial starts in earnest. The stages of a federal criminal justice trial break down as follows:
- Opening statements
- Prosecution’s calling of witnesses
- Defendant’s cross-examination
- Defendant’s calling of witnesses
- Prosecution’s cross-examination
- Closing statements
- Jury deliberation
This process can take months or even years to resolve, particularly if the court continues your case due to scheduling issues. You can count on your criminal defense attorney to keep your case’s schedule as transparent as possible and to inform you about updates as they crop up.
Once a jury assesses the evidence brought forward in court, you will receive your sentence.
Appeal (Optional)
If you don’t receive the sentence you wanted from a federal case, you can work with a criminal defense attorney to appeal the court’s decision. You can only appeal, however, by arguing that the court was in error or missing key evidence related to your case. Our team can help you outline an argument for an appeal should the need to do so arise.
Criminal Defense Attorneys Can Help You Navigate the Federal Court System
It’s not impossible to navigate the federal criminal justice system. It can, however, be intimidating. Should you find yourself facing down accusations of federal misconduct, it’s to your benefit to work with an experienced criminal defense attorney to effectively navigate through the many hoops that the federal system makes you jump through.
The experienced criminal defense attorneys with Mary E. Conn & Associates can walk you through the process of creating a defense designed to protect your future from accusations level against you in federal court. Contact the firm online or call (713) 357-4190 to book a case evaluation with our firm’s team of lawyers.