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Certified as a Criminal Trial Specialist By the Tennessee Commission on Continuing Legal Education and Specialization |
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The Criminal Justice System In Federal Court
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WHAT HAPPENS WHEN YOU ARE CHARGED WITH A CRIME IN FEDERAL COURT:
THE CRIMINAL JUSTICE SYSTEM IN FEDERAL COURT
BY DOUGLAS A. TRANT
Nothing about the law is simple, so do not be surprised if you do not understand the process after you have been charged with a crime. The following is a brief description of the system. Always feel free to call my office if you have any questions.
PRELIMINARY PROCEEDINGS
I. COMPLAINT
Unless you have already been indicted (formally charged) by a grand jury, the charge(s) brought against you are commenced by a sworn statement (called a complaint) presented to a United States magistrate judge. The complaint may be issued either before or after you have been arrested. If the magistrate determines there is probable cause to believe that an offense has been committed and that you committed it, and you have not already been arrested, a warrant for your arrest will be issued.
II. FIRST APPEARANCE
After arrest, the officer making the arrest is required to take you before the nearest available magistrate without unnecessary delay. The magistrate will inform you of your charges and your right to counsel or your right to request the appointment of an attorney if you qualify. The magistrate will also inform you of your rights concerning statements by you and your right to a preliminary hearing, if appropriate. You will not be required to plead guilty or not guiltyat this point, nor will you be required to answer questions about the charges against you.
III. BAIL HEARING
You will be entitled to a bail hearing, detention hearing, generally held within five (5) days of your first appearance, although either the prosecution or defense may request an extension, which will not exceed another five (5) days. At this hearing the magistrate will determine whether, from the facts of your individual case, you will be entitled to post a bond for release prior to trial. Not every one in federal court is entitled to a bond. If you do post a bond, you may be required to post cash or property, obtain the services of a bondsman, surrender your passport, and comply with restrictions on travel or residence, as well as any other conditions that the court may decide are appropriate in your case. There are many factors involved in this matter, and we will discuss the specifics of your case to determine how the matter should be presented.
IV. PRETRIAL RELEASE AND DETENTION
(A) The United States Pretrial Services Agency is the federal agency that will be interviewing you to prepare a "report" to the court. This will be used to determine whether you will be eligible to post bond. If so, then it will supervise the conditions of your pretrial release. You should be aware that anything you say during these interviews may be used against you later in determining a sentence if you are convicted. A copy of the report, including your responses, will be provided to the prosecutor, as well as to the court. Since there is this risk, you are entitled to speak with an attorney before being interviewed. You should fully discuss the risks involved in this process before proceeding and, like most items discussed in this brochure, get the benefit of legal advice before making decisions.
(B) If the magistrate orders pretrial detention or you are not able to post the bond set, you will normally be housed at a county jail pending trial, even though you will be technically in the custody of the United States Marshal.
V. QUALIFYING FOR APPOINTMENT OF AN ATTORNEY
If you cannot afford to hire an attorney prior to this first appearance, staff from the United States Pretrial Service Agency will ask you questions about your finances. The magistrate will then decide if you qualify for services of the Federal Public Defender or other court appointed counsel. The information will also be sued by the magistrate to determine your eligibility for pretrial release and the conditions of such release to be imposed. If you qualify for appointment of an attorney, but it is determined that a AFPD cannot represent you due to a conflict of interest, the magistrate will appoint an attorney in private practice, who has been determined to be qualified to represent you in these matters.
VI. PRELIMINARY HEARING
You are entitled to a preliminary hearing within ten (10) days of your initial appearance if you are in custody or not later than twenty (20) days if you are not in custody unless you agree to an extension, waive the hearing, or are indicted by a grand jury. The magistrate may also find that extraordinary circumstances exist, and that delay is necessary in the interest of justice. The prosecutor is required to present evidence at a preliminary hearing to convince a judge that there is enough evidence against you ("probable cause") to justify you having to continue to answer to the charges. The preliminary hearing may be the first opportunity that we will have to learn something about the facts of your case. You will not be required to testify at the preliminary hearing, nor will you be required to plead guilty or not guilty. If a hearing is held and the magistrate determines that probable cause has been established, you will be held to answer the charge(s) in the United States District Court. Whether a preliminary hearing would be useful in your case is a matter we will discuss with you.
Keep in mind that any statements you make throughout this complete process may be used against you and you are advised to obtain an attorney as soon as possible to fully advise you concerning the decisions you must make.
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900 South Gay Street
Suite 1502, Riverview Tower
Knoxville, Tennessee 37902-1810
Telephone: 865-525-7980
Fax: 865-525-7896 |
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 | The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise. Certifications of specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning and Family Law. Listing of related or included practice areas herein does not constitute or imply representation of certification of specialization. These disclosures are required by the Supreme Court of Tennessee.This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. | | | |
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