The federal prosecution process involves a series of critical steps, beginning with a grand jury proceeding and ending one of several ways. Sometimes, a settlement with federal prosecutors is reached through negotiation. Other times, it is necessary to proceed to trial in order to protect your rights.
I am federal criminal defense attorney David Lindsey. At my Denver, Colorado, law office, I use extensive knowledge of the federal criminal justice system to protect my clients' rights. No matter where you are in the federal prosecution process, I can help.
Each case is different, but the progression of a criminal case through the federal court system generally takes place as described below:
Grand Jury Indictment
Federal charges begin by way of arrest, complaint or indictment, depending on the circumstances. In many cases, the government takes evidence about your case directly to a grand jury. The grand jury's job is to determine whether enough evidence exists for charges to be filed. If the grand jury decides that formal charges should be filed, an indictment is issued. Indictments are formal charging documents.
Arrest and Bail Hearing
After an indictment, it is possible for an arrest to be made. The law requires that a police officer making an arrest take the arrested person before the nearest available magistrate without unnecessary delay.
The defendant's first appearance in court is usually a bail hearing (often called a bond hearing or detention hearing). With many federal crimes, there is a presumption that no bail will be issued — but this does not mean that getting out on bail is impossible. It takes a skilled lawyer to argue why bail should be allowed. At my Denver law firm, I advocate strongly for my clients, making sure that the court knows critical information about their history and moral character that could lead to being bonded out.
Arraignment
Arraignment is the next step in the federal prosecution process. During arraignment, you will be formally read the charges against you. In response, you will be asked to enter a plea — guilty, not guilty or no contest. The court will then set your case on a schedule.
Under the Federal Speedy Trial Act, federal trials are happening more quickly than ever before. In fact, the government must take you to trial within 70 days. For many criminal defendants, this is not the good news it pretends to be. Slower trials actually give your lawyer more time to prepare a strong and effective criminal defense on your behalf. This is especially critical because many federal trials involve thousands of pages of documentation, including financial records and wiretap evidence.
In order to fully protect your rights, your lawyer must convince the court to give you adequate time to prepare. This is critical, but not easily done. To make sure my clients get the time they need, I draw on years of experience and in-depth knowledge of federal criminal procedure.
Discovery of Evidence and Filing Motions
From this point on, you lawyer focuses on reviewing the law and collecting factual evidence. As evidence is reviewed and evaluated, the strengths and weaknesses of the case become apparent. Your lawyer may talk with you about whether your interests are better served by a trial or by entering a plea.
In many cases, lawyers find it necessary to file motions that are heard by the court before, during or even after trial. Motions request that the court take certain actions — like suppressing evidence against you that was illegally obtained, separating your trial from a co-defendant's or authorizing the issuance of subpoenas.
Trial or Guilty Plea
The decision of whether to proceed to trial is one of the most difficult ones you may ever face, but your lawyer will guide you through. When handling cases, I focus on fully advising my clients of their rights and options so that the best possible decision can be made.
If you are facing a grand jury hearing, if a warrant has been issued for your arrest or if you have been arrested, contact my law firm as soon as possible. I can take immediate action to protect your rights and your freedom. Call 03-732-5125 or toll free at 888-329-4238. Calls are generally forwarded to my cell phone. Messages left will be returned as soon as possible, including evening and weekends, 24 hours a day, seven days a week.
