Many people focus on what’s happening during the trial phase in a federal criminal procedure, but there are a lot of steps that happen before that. The pretrial stage is where the case usually begins to take shape.
A federal case usually begins with an investigation into whether a federal law was broken or not. Because not every crime falls under federal authority. Once it’s determined that there’s evidence of a federal crime being committed, the next steps will typically include an indictment and a warrant. Those usually pave the way for an arrest.
Pretrial phase often seems slow
A person who hasn’t been arrested before may think that everything moves fast before the trial phase, but that’s not always the case. A defendant will go before a judge for an initial appearance, during which the court will explain the charges and the defendant’s rights. At this point, the judge determines if the person will remain in custody or be eligible for release pending the outcome of the case.
The charges against the defendant are presented during the arraignment, at which time the defendant enters a plea. Once this occurs, the process typically becomes slower, but there are a lot of important matters that are handled. Discovery happens during this phase. This is a time when both sides obtain information and evidence about the case. Motions are often filed and plea negotiations may take place.
If no plea deal is reached, the case will eventually move forward to trial. Defendants should ensure they have proper legal representation throughout the entire criminal justice process, including pretrial. This gives them a chance to have someone help them to build a defense strategy they feel is in their best interests.