Federal Criminal Defense

Last updated May 2, 2024

Article III of the U.S. Constitution established the federal judicial branch. This includes the U.S. Supreme Court and other federal courts. Federal courts deal with criminal law, civil cases, and international disputes. This article provides an overview of the federal criminal laws that fall under federal courts’ jurisdiction. 

Federal criminal charges can carry significant prison sentences if you are convicted. If you are facing federal criminal law charges, contact a local and experienced federal criminal defense lawyer.

Federal Criminal Cases

Federal laws define federal criminal charges. These offenses have specified minimum and maximum sentencing requirements. Judges and prosecutors follow specific federal rules and procedures. However, prosecutors have room to choose what charges to file against you.

Filing Criminal Charges

The United States Attorney’s Office is the prosecutor’s office. U.S. attorneys try to convict people who commit federal crimes. Only the federal government can file charges in federal criminal cases. However, you may file a report with the FBI or other law enforcement agency if you need to report a federal crime.

Types of Federal Crimes

Federal crimes violate U.S. federal laws. These include misdemeanors and felony cases. Some common types of federal offenses include:

State law crimes can become federal crimes in some circumstances. For example, if the crime crosses state lines.

Federal Rules of Criminal Procedure

The federal system follows the Federal Rules of Criminal Procedure (FRCP) to guide the criminal prosecution process. This ensures a fair trial for both the federal government and defendants at all levels. The Constitution also outlines fundamental constitutional rights and protections for defendants. These rights and protections include:

Criminal Procedure at the Federal Level

When there is evidence of a federal crime, prosecutors and judges follow federal criminal procedure and court rules. These procedures include:  

  • The court issues an arrest warrant based on evidence gathered by federal law enforcement. The warrant explains the crime and the probable cause for the arrest.
  • You make an initial appearance. A magistrate judge determines supervised release conditions, bond, and whether you qualify for a public defender. A detention hearing determines whether you are a flight risk or a danger to the community.
  • Within 10 days of the arrest, the court must hold a preliminary hearing where prosecutors must establish probable cause. Your defense counsel makes their initial appearance. If the judge finds probable cause, a grand jury hears the case and determines whether to return an indictment.
  • You enter your initial not guilty or guilty plea in an arraignment no later than 10 days after the indictment. 
  • Your defense attorney and prosecutor can negotiate a plea agreement. If there is no plea bargain, court proceedings will include various pretrial motions.
  • The case goes to trial, where a jury and a district court judge hear the evidence and any witness or expert testimony. The prosecutor must prove your guilt beyond a reasonable doubt, and the jury must unanimously decide the final verdict.
  • With an acquittal, you are free to go. Double jeopardy prohibits you from being tried for the same case again.  
  • If the jury finds you guilty, the case goes to sentencing. The prosecutors present information about you and the impact of your offense on the victims in a presentence report. The judge sentences you based on sentencing guidelines, including a mandatory minimum penalty. You can appeal either the guilty verdict or sentencing determination.

The Levels of the U.S. Federal Court System

There are three primary levels of the U.S. federal court system. This is similar to state court systems. The levels of the federal court system include: 

  • District courts are the entry-level trial courts
  • Circuit Courts of Appeals are the first courts to appeal a criminal sentence to
  • The United States Supreme Court is the final court of appeal for a conviction or sentence

U.S. District Court

The U.S. District Courts are the trial court level of the federal court system. These are the starting points where criminal cases enter the federal court system. For criminal cases, a U.S. Attorney prosecutes the case on the government’s behalf.

Federal judges serve for life or until retirement. However, many district courts also have federal magistrate judges who serve four or eight-year terms. Magistrate judges oversee initial hearings, motions, or other early aspects of cases. They can also issue search warrants and arrest warrants.

United States Court of Appeals

The U.S. Courts of Appeals, commonly called the circuit courts, serve as the intermediate appellate level of the federal court system. Each circuit covers a specific area of the country.

These appellate courts mostly preside over cases within their circuit’s jurisdiction. They may hear other appeals from other courts or decisions by administrative agencies. If you are convicted in U.S. District Court and want to appeal your conviction or sentence, you would do so to this court level.

U.S. Supreme Court

The Supreme Court is the highest federal court. The legal precedent set in the opinions delivered by the Supreme Court can affect our civil rights and other issues. 

The Supreme Court can hear appeals from federal appellate courts and state courts for cases involving a question of federal law. The Supreme Court also has the power of judicial review to determine the validity of a law passed by Congress or presidential directive under the U.S. Constitution or other federal statutes. The court rarely hears criminal appeals, but it does happen when deciding important questions regarding the rights of defendants.

Get a Criminal Defense Lawyer’s Help Today

Before you reach any of these steps, contact a federal criminal defense lawyer. Your lawyer can explain your legal options and represent you in court. Federal prosecutors rely on the power of their office to build cases that they present as definitive proof of your guilt. An experienced lawyer can help level the playing field.

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