Frequently Asked Questions
What are the steps in a criminal prosecution?
Charges are filed:
A defendant is charged either by complaint, indictment or information. A complaint is an initial charging document signed by the Magistrate Judge that describes the charges against a defendant. A person can be arrested and charged by complaint before a grand jury has found probable cause to return an indictment, but a person charged by complaint then has the right to be indicted by a grand jury. An indictment is similar to a complaint in that it describes the charges against a defendant, but it is returned by the grand jury. Most felony cases are charged by indictment. An information, as opposed to an indictment or complaint, is the charging document where a defendant is charged with a misdemeanor (although some defendants give up their right to be indicted by a grand jury and are charged by information instead). A misdemeanor information may be filed by the U.S. Attorney's Office without approval by the court or a grand jury.
Initial Appearance and Detention:
The defendant's initial appearance in federal court is before a Magistrate Judge. The defendant is told what charges he or she faces and the maximum penalties. The Court makes an initial determination whether the defendant will be held without bond or released on certain conditions. Frequently there is another hearing later about whether a defendant will be confined or released pending trial. This is called a detention hearing. Arraignment: After the grand jury indicts a defendant, the defendant is informed by the Magistrate Judge of the charges and penalties during the hearing known as an arraignment. The defendant enters a plea of not guilty at this point.
Trials and pleas:
If the charge is a felony, following arraignment the defendant will appear before a United States District Judge. Most proceedings, including motions, trial or sentencing, take place before the District Judge. Trial or Plea: A defendant will generally either plead guilty to charges or proceed to trial before a District Judge. In a trial, the United States must prove the charges to a jury of 12 citizens beyond a reasonable doubt. The law requires that a criminal defendant be tried within 70 days of indictment, though that time is sometimes extended because of motions filed by the defense or the government.
Sentencing:
After a guilty plea or guilty verdict, a defendant is sentenced by the United States District Judge. The U.S. Probation Office prepares a pre-sentence report to help the Court and parties arrive at the appropriate sentence. The Court may also order the defendant to pay restitution and/or a fine.
Appeal:
A defendant may appeal his or her conviction or sentence under certain circumstances. Appeals in federal cases are heard by the Fifth U.S. Circuit Court of Appeals, which covers a number of states, but has its headquarters in New Orleans, Louisiana. The U.S. Attorney's Office also represents the United States in appeals before the Fifth Circuit.