Felony Cases (in Federal Court - Generally)

Felony cases are handled differently in the Federal Courts than they are in the North Carolina Courts. The procedures applicable to felony cases differ also depending on whether the felony case arises from an initial arrest by law enforcement officers who have arrested a person with or without a warrant for arrest, or by the case being begun with the issuance of an indictment.

The attorneys in the law firm of Mitchell, Brewer, Richardson are experienced trial lawyers who have handled many felony cases. As a result they are extremely knowledgeable about the variances in procedure and the many facets of felony cases.

Ronnie Mitchell and Coy Brewer, are experienced trial lawyers who are well known for their capable defense of criminal cases. There is no charge for an initial consultation with us to discuss a criminal case. You can contact us at 910/ 678-8900 and make an appointment to see talk and with us in our office at no fee for that office visit and advice.

The following information may be helpful to you in understanding the felony process. You should consult with an attorney to help you to fully understand these matters.

Overview of Procedures in A Felony Case in Federal Court

At times federal felony cases are not instituted with either an arrest without a warrant or a person being served with a criminal complaint or an indictment. Commonly in such situations when no arrest is made to begin the case, the accused person is notified of an investigation or receives a "target letter," or a subpoena to appear before a federal Grand Jury.


(Federal Grand Juries are similar in composition to State Court, the Federal Grand Juries are more "investigative" in nature. Still Federal Grand Juries meet in secret and while the testimony that they receive is recorded by a court reporter, there are only very few situations in which a transcript of that testimony may be obtained. Although a defendant may be called to testify before a Grand Jury, however, the defense attorney is not permitted to appear in the Grand Jury Room before the Grand Jury or to present the Defendant's side of the case to the Grand Jury. Therefore, if a person receives a subpoena to appear before the Grand Jury or an investigation notice or target letter, he or she should retain an attorney immediately.

The attorneys in the Mitchell, Brewer law firm are experienced in handling matters involving Federal Grand Juries and other aspects of felony cases in the Federal Courts. You can contact us at any time that you needs us in a federal felony case.)


After a person is arrested, a pretrial services or probation officer of the court immediately interviews the defendant and conducts an investigation of the defendant's background. The information obtained by the pretrial services or probation office will be used to help a judge decide whether to release the defendant into the community before trial, and whether to impose conditions of release.

When a person is arrested on a federal complaint or arrest warrant, the person must be taken before a judicial official (usually a United States Magistrate Judge) without unreasonable delay (and, in any event, within 24 hours). At that time the judicial official reviews the nature of the charges and insures that the Defendant is advised of his or her rights and the nature of the punishment applicable to the crime alleged.

At the time of that appearance, after considering the pretrial services report, the judicial official ordinarily will set conditions of release (commonly called bail). If the prosecutor is seeking to have the accused person detained in jail prior to trial the court may conduct a detention hearing to determine whether the person should be allowed to be released or should be detained in jail pending the trial.

A detention hearing is a very important proceeding in a federal case. Usually the determination made as to whether to detain a person pending the trial is made by a United States Magistrate Judge and ordinarily remains in effect until the trial although there are some available appeal remedies for such a determination. Therefore, it is particularly important for a person who has been charged to have an attorney representing him or her at the detention hearing.

At a detention hearing the court must determine whether the accused person is a danger to the community and/or whether he or she is likely to fail to appear. If the Defendant is found to be (1) a risk of flight or (2) to pose a danger to people in the community, then the court will order detention and deny "bail." Defendants re-leased into the community before trial may be required to obey certain restrictions, such as home confinement or drug testing, and to make periodic reports to a pretrial services officer to ensure appearance at trial. It is very important for the Defendant's attorney to make a strong presentation of evidence to show that the person is neither a risk of flight nor a danger to persons in the community.

Very quickly after the detention hearing the Court will enter a written scheduling order directing certain procedures in the case. Usually the time periods in the scheduling order are very short. For example, the scheduling order will often direct the defense attorney and the prosecutor to meet within a certain period of time for a discovery conference.

At the discovery conference the Government attorney is obligated to provide certain limited written information to the attorney for the defendant which describes the nature of the case against the defendant and reveals information concerning the evidence against the defendant. In federal cases, unlike most state criminal cases, a broader category of reciprocal discovery applies and the attorney for the defendant (or the defendant himself or herself) must provide certain kinds of information to the United States Attorney.

Also, the Federal Rules of Criminal Procedure require a defendant to disclose certain information such as notice of intent to use an alibi defense. Failure to provide notice of the use of such a defense as alibi or insanity may preclude its use at trial.

The Court's scheduling order also usually directs the filing of motions. These "motions" are written requests and or defenses which must be supported by a written memorandum of law or brief asking the Court to make rulings which could affect whether the case could be tried or how it would be tried. For example, defense attorneys often file a motion to sup-press evidence, which asks the court to exclude from the trial evidence that the defendant believes was obtained by the government in violation of the defendant's constitutional rights.

The scheduling order will generally set a strict deadline for the filing of the following motions: motions to dismiss; motions for change of venue; motions challenging the array of the grand jury and other motions challenging the charges. The scheduling order also usually specifies a specific time within which responses to these motions and briefs.

Usually these motions and briefs are reviewed by a United States Magistrate Judge and, depending on the nature of the motion, a definitive ruling will be entered by the magistrate judge or he or she will make a recommendation to the United States District Judge. Limited times are allowed for the filing of appeals or objections to the Magistrate Judge's ruling or recommendation.

After rulings have been made on the motions, if the motions do not result in a dismissal of the case (which only very rarely occurs), then the case is set for trial. At trial, the procedures applicable to selection of the jury and presentation of the evidence apply. A defendant's rights under the United States constitution to a fair trial before an impartial jury is the highest pinnacle of felony criminal defense.

In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt. The standard of proof in a criminal trial is proof "beyond a reasonable doubt," which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

If a defendant is found not guilty, the defendant is released and the government is not permitted to appeal. Similarly, the person acquitted cannot be charged again with the same crime in a federal court. The Constitution prohibits "double jeopardy," or being tried twice for the same offense.


This outline of case procedure up to the trial is important and applies in felony cases generally. However, it is important to understand that each case is different and while these general principles will apply, case specific aspects will affect how any particular case proceeds. It is important for anyone who is charged with an offense to consult with his or her own attorney for legal advice.

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Sentencing

If a Defendant waives trial and enters a plea of guilty or is found guilty after a jury trial, the judge determines the defendant's sentence according to special federal sentencing guidelines issued by the United States Sentencing Commission. A United States Probation officer prepares a report for the court that applies the sentencing guidelines to the individual defendant and the crimes for which he or she has been found guilty or to which he or she has entered a plea of guilty. During sentencing, the court may consider not only the evidence produced at trial, but all relevant information that may be provided by the pretrial services officer, the U.S. attorney, and the defense attorney.

Essentially, the sentence which is imposed in a case is determined by the application of the federal sentencing guidelines to determine the applicable range of sentence. In its simplest terms --- basically oversimplified terms --- the sentence will be based on the defendant's criminal history category and the applicable base offense level, adjusted upward or downward based on such factors as acceptance of responsibility, offense and offender characteristics and the like. The application of the federal sentencing guidelines can be a very complicated matter.

In unusual circumstances, the court may depart from the sentence calculated according to the sentencing guidelines. However, federal sentencing is very complicated and the federal sentencing grid contained in the Federal Sentencing Guidelines is usually followed by the sentencing judge unless a specific ground for departure from it can be shown.

A sentence may include time in prison, a fine to be paid to the government,and restitution to be paid to crime victims. The court's probation officers assist the court in enforcing any conditions that are imposed as part of a criminal sentence. The supervision of defendants who have been convicted or entered pleas of guilty may involve services such as substance abuse testing and treatment programs, job counseling, and alternative detention options.

In cases in the federal courts a defendant may appeal a sentence even if she or he has entered a plea of guilty (unless he or she has expressly waived his or her right to appeal). Procedures in appeals are governed under specific rules which are very complicated. To learn more about Federal Appeals, Click Here.


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