I’m Olivia, a custody advisor at Wall Street Prison Consultants. Today I’m going to explain the sequential steps of a Federal Criminal trial. 🕵️♂️🏛️ This step-by-step guide will unravel the entire process, shedding light on what happens from the moment an investigation begins to the final verdict and sentencing.
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These are the steps:
Number 1. Investigation:
The initiation of a federal case often begins with an investigation. Agencies such as the FBI, DEA, or ATF and HSI delve into suspected criminal activities, gathering evidence and interviewing potential witnesses. This phase can be short or span years, depending on the complexity of the case.
Number 2. Arrest:
Once enough evidence is accumulated, an arrest may be made. Alternatively, the case might be presented directly to a grand jury without an initial arrest. If arrested, the individual is taken into custody.
Number 3. Initial Appearance:
After arrest, defendant’s are brought before a federal magistrate judge for initial appearances where the defendant is informed about the charges against them and their constitutional rights. If the arrest was made without a warrant, a preliminary hearing is scheduled to determine if there's probable cause for arrest.
Number 4. Grand Jury and Indictment:
Comprising 16 to 23 members, the grand jury reviews the prosecution's evidence and decides whether there's sufficient reason to charge the defendant. If the grand jury finds probable cause, they issue an indictment.
Number 5. Arraignment:
Post-indictment, the defendant is arraigned, where they are informed of the indictment and asked to enter a plea of guilty or not guilty,
Number 6. Pre-Trial Motions:
Before the trial starts, both the defense and prosecution can file motions. These can range from requests to suppress evidence, dismiss the case, or change the trial's venue. This phase allows both sides to shape the scope and direction of the trial.
Number 7. Plea Bargaining:
Many federal cases don't proceed to trial due to plea agreements. The prosecution might offer a lesser charge or recommend a lighter sentence in exchange for the defendant's guilty plea avoiding the uncertainties and resources involved in trial.
Number 8. Trial: If no plea agreement is reached, the case goes to trial. Criminal trials typically involve 12 jurors, and the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. The defense, meanwhile, seeks to challenge the prosecution's evidence and present its narrative. Trials can be swift or protracted, depending on the case's intricacies.
Number 9. Verdict:
After both parties have presented their cases, the jury deliberates and decides the defendant's guilt or innocence. If the defendant is acquitted, they are released, and the charges are dismissed. If found guilty, the case transitions to the sentencing phase.
Number 10. Sentencing:
A separate sentencing hearing is scheduled after a guilty verdict or plea. Pre-Sentence Reports, prepared by probation officers, play a crucial role in helping the judge decide on an appropriate sentence.
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In essence, Wall Street Prison Consultants can provide comprehensive support tailored to the unique needs and challenges faced by someone charged with a federal crime, helping them navigate both the legal and prison systems effectively.
For more information, contact the director and founder of Wall Street Prison Consultants, Larry Levine, at 855-577-4766 or via email at [email protected]. You can also visit their website at www.wallstreetprisonconsultants.com to learn more.
Knowledge is power, especially when facing challenging legal situations. Trust Wall Street Prison Consultants to be your guide on this complex journey.
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