The federal criminal process dictates how the government charges and tries individuals accused of breaking federal laws. According to the United States Department of Justice and United States Courts, these cases are initiated by the government and proceed through a series of steps from investigation and charging to trial and sentencing.
Charging and the grand jury
Federal criminal cases are brought by United States Attorneys. The Department of Justice explains that after studying information from investigators, a prosecutor decides whether to present the case to a grand jury. A grand jury is an impartial group of 16 to 23 citizens who listen to the prosecutor and witnesses in secret. At least 12 jurors must agree that enough evidence exists to issue an indictment, which formally notifies the person of the charges.
The United States Constitution requires the federal government to use grand juries for all felony crimes, unless the defendant waives the requirement. Witnesses compelled to testify before a grand jury are not allowed to have an attorney present.
Pretrial proceedings
After charging, the case moves to an initial appearance where a judge advises the defendant of the charges. The judge determines whether there is probable cause and decides if the defendant should be held in jail or released into the community until trial. Defendants released before trial may face electronic monitoring or drug testing and must report to a pretrial services officer.
At a court hearing called an arraignment, the defendant enters a plea to the charges. United States Courts notes that more than 90 percent of defendants plead guilty, often through a plea bargain where the government agrees to drop certain charges or recommend a lenient sentence. If the defendant pleads not guilty, the judge schedules a trial.
Trial and burden of proof
Before a trial begins, limited discovery proceedings take place, with restrictions to protect government informants and prevent witness intimidation. Attorneys may also file pre-trial motions to request court rulings, such as suppressing evidence that could violate constitutional rights. Federal cases are tried in one of 94 United States District Courts.
During a criminal trial, defendants do not have to prove their innocence. The burden of proof is on the government to show guilt “beyond a reasonable doubt,” meaning the evidence must be strong enough that no reasonable doubt exists. If a defendant is found not guilty, the Constitution prohibits double jeopardy, meaning they cannot be tried twice for the same offense, and the government may not appeal.
Sentencing
If a defendant pleads guilty or is found guilty at trial, the judge determines the sentence. The judge typically waits for a presentence report from the court’s probation office before imposing the penalty. During sentencing, the court considers guidelines from the United States Sentencing Commission, trial evidence, and information from the defense and prosecution.
A sentence may include time in prison, a fine paid to the government, and restitution paid to victims. Court probation officers enforce the conditions of the sentence. This supervision can include substance abuse treatment, job counseling, or home confinement.