A plain-language overview of investigation, charging, detention, discovery, motions, trial and sentencing in federal court.
Federal cases often begin before an arrest. A person may learn of an investigation through a search warrant, subpoena, interview request, target letter or contact with federal agents. Getting advice early can affect important decisions about interviews, document production and preservation of evidence.
Investigation and grand jury
Federal agencies may investigate for months or longer before charges are filed. A grand jury can issue subpoenas and can return an indictment when the legal requirements are met. The roles of a witness, subject and target are different, and a person's status can change.
Initial appearance and detention
After an arrest or summons, a defendant appears before a federal magistrate judge. Release or detention can become an immediate issue. Conditions of release may be imposed while the case is pending.
Discovery and motions
The defense reviews the government's evidence and conducts its own investigation. Motions can address searches, statements, identification, discovery disputes, charging issues and other legal questions.
Plea negotiations or trial
Many federal cases are resolved through a plea agreement, but the decision must be made with a clear understanding of the evidence, sentencing exposure and rights being waived. Cases that do not resolve may proceed to jury trial.
Sentencing and appeal
Federal sentencing can involve statutes, the advisory Sentencing Guidelines and the factors a court is required to consider. Preserved legal issues may later be raised on direct appeal. Separate rules govern collateral challenges.
This page provides general information, not legal advice. Criminal procedure and available defenses depend on the facts, the charge and current law.