|
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.
Return
to top of page
©
2000 Ronnie M. Mitchell - no claim to government works or
copyrighted materials
|
