Your first appearance in federal court usually occurs after a warrant for your arrest is issued and served. The investigating agency will arrest you and bring you to court the same day. . Most federal agencies will execute arrest warrants very early in the morning when most people are still in bed.

In some cases you will receive a summons and you can go to court on your own. If your attorney has worked out a pre-indictment deal with the U.S. attorney’s office, you will most likely be summoned into court. That is one of the distinct advantages of hiring an attorney as soon as you know an investigation is pending. Bail will generally be agreed upon before arriving in court.

During your initial appearance in federal court you will receive a copy of the complaint. The complaint is a document which contains the charges and the affidavit of the investigating agent stating the facts that give the government probable cause to believe you committed the offense or offenses charged.

You will see a Magistrate Judge at your initial appearance. This judge will ask if you have received a copy of the complaint and if you understand the charges. He or she will not ask you whether you wish to plead guilty or not guilty at this time.

Bail will also be addressed at this hearing. Bail in Federal Court is completely different than bail in state court. There is no set amount of bail in any given case. An independent office called Pretrial Services will conduct an interview to determine whether you live in the district, they will determine whether you have family ties in the area, whether you are employed, whether you have anyone who is willing to post property or sign a bond on your behalf. Pretrial Services will prepare a report for the judge and the parties to review before the hearing. The report will make a recommendation as to bail and indicate whether they believe there are any conditions or combination of conditions that will alleviate the risk of flight and/or danger to the community. At the hearing your attorney will argue for bail.

If bail is granted, you will be released with certain conditions. You will be supervised by pre-trial services. In some cases you will be required to wear an electronic monitoring device. You may have a curfew. If there are allegations involving drugs, you may be subject to drug testing.

The next hearing is called the Post Indictment Arraignment. This is when you will enter a plea of not guilty to either an indictment or an information.

Indictment: When the federal agencies and the U.S attorney's office file an indictment they must first present the evidence to the Grand Jury. The Grand Jury then determines whether there is probable cause to believe that the offense was committed and who committed the offense. If the Grand Jury finds that probable cause exists, then an indictment is filed. The Indictment is the charging document in a federal criminal case.

An Information is generally filed when the parties have worked out an early resolution of the case and the charges are agreed upon by the parties.

Once a plea of not guilty is entered a District Court Judge is randomly assigned to the case. A trial date is set at this time. However, that date is almost always changed so that the parties have time to review the discovery and either resolve the case or prepare for trial.

If you decide to fight the charges you will proceed to a trial. You are entitled to a speedy and public jury trial where your lawyer will cross examine the witnesses. You have the ability to subpoena witnesses and documents for your defense. You may testify in your own defense but you may not be compelled to do so. If you choose not to testify, that decision cannot be used against you. Your lawyer will make arguments on your behalf at the opening and closing of the trial. The jury will then deliberate and return a verdict.

If you plead guilty in a federal case the U.S. attorney will prepare a plea agreement. This is a document that contains the charges, the elements of the offense or offenses, the minimum and maximum penalties, the facts to which you are pleading guilty, the obligations of the parties, the agreed upon applicable sentencing guidelines, a waiver of appeal, and a paragraph indicating that the court is not a party to the agreement. Your attorney will help negotiate the terms of this agreement. You will have time to discuss the agreement with your attorney to make sure you understand the terms of the agreement and that the facts set forth in the agreement are correct.

During the guilty plea hearing the judge will question you thoroughly regarding the agreement. The judge will then refer the case to the United States Probation Department for the preparation of a pre-sentence report. Your attorney will be present during your interview with probation where you will be asked questions about your education, employment, family history, medical history and you will be given an opportunity to make a statement indicating that you accept responsibility for your actions. The probation department then prepares a report which is disclosed to the parties at least 30 days prior to sentencing. Your attorney can respond to the pre-sentence report and make any necessary objections.

The Sentencing Hearing will be held approximately ten weeks after your change of plea hearing. Prior to the hearing your attorney will file a sentencing memorandum arguing all of the factors she thinks the court should consider at sentencing. Your attorney will have interviewed you thoroughly to determine which factors should be presented to the court to reduce your sentence. The U.S. attorney’s office will also file a sentencing memorandum stating their recommendation for sentencing. At the sentencing hearing, both sides argue their positions. You also have an opportunity to be heard by the court and any family members who wish to be heard may also address the court.

If you are sentenced to a term of imprisonment, the court will usually allow you to remain out on bond until the bureau of prisons designates you to a facility. You can request to remain close to your family so that they can visit. The court will make that recommendation to the bureau of prisons and they will accommodate you if they can.

If you are sentenced to a term of probation you will report directly to the U.S. probation department to fill out paperwork.

Sentencing in Federal Court is very complex and completely different than sentencing in State Court. Sentencing in Federal Court is based on a set of guidelines called the United States Sentencing Guidelines. Each offense is assigned a number of levels. Each level corresponds to a number of months. A person’s criminal history is also assigned a category based on a number of points for each prior sentence. The age and length of the sentence from any prior convictions are considered in calculating this category. There are many other factors that are take into consideration while calculating the applicable sentencing guideline range. The parties are then free to argue additional factors that the court must consider at sentencing.

As you can see, it is critical to have an experienced federal criminal defense attorney if you are facing federal charges.

Ms. Bass has extensive experience in Federal Court. She has represented clients in every type of federal case and she has obtained excellent results for her clients in many cases. (See case results).