When the federal government has gathered evidence and is ready to charge a defendant with a crime, it has three options depending on the circumstances. While the end result may be the same, each process is different. If you are under investigation, your lawyer can explain these to you so that you know what to expect, but here are some basics for now.
Charging by Complaint
Federal agents can go to a magistrate with a complaint in order to get an arrest warrant. They must demonstrate probable cause that you committed the crime. After arrest, you will be brought before the court and told the charges against you and the maximum penalty. Your rights will also be communicated (e.g., right to an attorney, right against self-incrimination, etc.), and you will asked if you want to plead guilty or innocent. Depending on the charge, there may be a detention hearing to address bond. This must occur within five days unless your lawyer asks for more time.
You have a right to a preliminary hearing where the judge decides whether there is probable cause to charge you. The hearing must be within 14 days unless your lawyer asks for more time. You can also waive your right to a hearing.
The government has 30 days to indict you, but you can agree to extend the deadline.
Charging by Indictment
Another path to a criminal charge is for the government to convene a grand jury. The grand jury has the power to issue subpoenas to third parties to obtain information from those parties in the form of either testimony or documents. Prosecutors also present evidence they have gathered to the grand jury. Notably, the prosecution is not required to present all the evidence it has or share exculpatory evidence with the jury.
A grand jury investigation is secret. A defendant or the defendant’s attorney cannot attend, see the evidence presented, or present their own evidence.
At the conclusion, the jury weighs the evidence and decides whether to indict.
Charging by Information
Charging by information is available in limited situations. Typically, it’s used when a party is cooperating with the government or has already been charged with a crime that has been reduced, and the defendant is being recharged with the lower offense.
In this case, the defendant signs a waiver of the right to a grand jury indictment. The information is filed, and the defendant is charged with the crime.
Regardless of how you may be charged, hiring a skilled criminal lawyer is essential. We have extensive experience representing defendants accused of a wide variety of federal crimes. Contact us for help if you are being investigated or have been charged with a federal crime.