What Happens in a Federal Criminal Case?
A Guide by Josh Tomsheck and
Hofland & Tomsheck
When facing federal criminal charges, understanding the process is crucial to protecting your rights and preparing an effective defense. At Hofland & Tomsheck, we represent clients in federal criminal cases across Nevada, with a deep understanding of the complexities of federal law. Led by Josh Tomsheck, a Board-Certified Criminal Defense Lawyer with years of experience in federal courts, our team includes former law enforcement officers, a retired federal public defender with over 150 arguments before the 9th Circuit Court of Appeals, and a retired judge. We bring a unique perspective to federal cases, combining government and defense experience to create effective strategies for our clients.
Here's a comprehensive look at the stages of a federal criminal case:
Investigation
Most federal criminal cases begin with an investigation by agencies such as the FBI, IRS, or DEA. These investigations often take place without the suspect's knowledge, sometimes lasting months or even years. The federal agents gather evidence, conduct surveillance, and may rely on informants before a case is formally opened. Once the investigation is complete, the decision to move forward is made by the U.S. Attorney's Office, and a federal criminal case is officially launched.
Arrest
When federal agents believe they have sufficient evidence, they will work with a federal prosecutor to request an arrest warrant. A federal judge will review the evidence and determine whether probable cause exists to issue the warrant. Once the arrest warrant is approved, federal agents will locate and arrest the suspect. The arrested individual is typically brought to a federal detention center and presented to a Pretrial Services Officer before appearing in court.
Pre-trial Detention Hearing
Following an arrest, the suspect must be presented to a federal judge within a specific timeframe. During the initial appearance, the judge determines whether the defendant should remain in custody or be released with conditions. A Pretrial Services Officer will make recommendations regarding release, and the judge may also appoint a defense attorney if the defendant is unable to afford one.
Indictment or Information
Formal charges are brought through an indictment or information. An indictment is issued by a federal grand jury in a secret proceeding without the defendant present. If the grand jury finds probable cause, the defendant will be indicted, and the prosecution must then prove the charges beyond a reasonable doubt at trial. In some cases, defense attorneys may waive the right to a grand jury, accepting the formal charges through an information to streamline the process.
Arraignment
After the indictment, the defendant appears for arraignment, where the formal charges are read in court. The defendant typically pleads "not guilty" at this stage, as the defense has not yet seen the government's full evidence. In some cases, however, defendants may plead guilty during arraignment if they have negotiated favorable terms.
Discovery
During discovery, the prosecution must provide the defense with all the evidence it plans to use in court. This includes documents, witness statements, and any other relevant material. Discovery is a critical phase, as it allows the defense to assess the strength of the government's case. If the evidence is overwhelming, the defendant may choose to enter into plea negotiations rather than go to trial.
Plea Bargaining & Re-Arraignment
In most federal cases, the defendant and the government reach a plea agreement to avoid trial. This often involves the defendant pleading guilty to lesser charges or receiving a reduced sentence in exchange for cooperation or other concessions. Once a plea agreement is reached, the defendant returns to court for re-arraignment, where they officially enter their guilty plea. The court will ensure the defendant fully understands the consequences of their plea before accepting it.
Motions & Trial
If the case proceeds to trial, both sides will file pretrial motions, such as requests to suppress evidence or compel disclosure of witness lists. These motions are critical in shaping the trial, as they address key legal issues like the admissibility of evidence. At trial, a federal judge presides over the proceedings, and a jury of twelve individuals determines the defendant's guilt or innocence. The judge rules on legal matters, while the jury deliberates on factual disputes.
Federal Sentencing
If the defendant is found guilty or pleads guilty, the next step is sentencing. A U.S. probation officer prepares a pre-sentence report that includes a sentencing recommendation based on the Federal Sentencing Guidelines. The judge has discretion in determining the final sentence, taking into account the probation officer's recommendation, the defendant's background, and other relevant factors. Both the defense and the prosecution can present arguments regarding the appropriate sentence.
Supervised Release
After serving a federal prison sentence, the defendant may be placed on supervised release. This period of oversight is intended to help the defendant reintegrate into society while ensuring they comply with certain conditions, such as regular drug testing or avoiding further criminal activity. Violating the terms of supervised release can result in additional penalties, including being returned to prison.
Federal Appeals
If convicted at trial or dissatisfied with the sentence, the defendant has the right to appeal. The U.S. Court of Appeals reviews the case for legal errors, such as improper jury instructions, violations of constitutional rights, or incorrect application of sentencing guidelines. While appeals are limited to legal issues, they offer defendants an opportunity to challenge their conviction or sentence.
Discuss Your Federal Criminal Case with Josh Tomsheck
Facing federal criminal charges is a serious matter that requires the expertise of an attorney experienced in federal law and court procedures. At Hofland & Tomsheck, we have successfully represented clients in thousands of federal criminal cases. Josh Tomsheck and his team have the knowledge and experience to guide you through every stage of the process, from investigation to trial and beyond.
If you are under federal investigation or facing charges, contact Josh Tomsheck at 702-895-6760 for a free consultation. Our experienced legal team will provide you with the guidance and defense you need to protect your rights and secure the best possible outcome.
