Federal courts and federal indictments or charges bring with them an aura of complexity and a mystique of enhanced severity. Understanding the criminal case progression process is very important to successfully working with your attorney and getting successfully though your case.
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THE COMPLAINT
Unless you have already been indicted (formally charged) by a grand jury, the charges against you are begun by a sworn statement (called a complaint) presented to a U.S. Magistrate Judge. The complaint may be issued either before or after you have been arrested. The magistrate determines whether there is probable cause to believe that an offense has been committed and that you committed it. If you have not already been arrested, a warrant for your arrest will be issued if the judge determines there is probable cause.
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THE FIRST APPEARANCE
After your arrest, the officer making the arrest is required to take you before the nearest available magistrate judge without unnecessary delay. This may mean that you will spend some time in the county jail where you are arrested and will be transported by the U.S. Marshal’s service to be before the magistrate in a few days or so. Once you appear before the magistrate, he or she will inform you of the charges, your right to counsel, and your right to request the appointment of an attorney, if you qualify financially. At this hearing, you will not be required to answer questions about the charges against you.
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THE DETENTION HEARING
You will be entitled to a detention hearing (bail hearing). That is usually held within 3 days of your first federal court appearance. Both the prosecution and the defense may request a later hearing date under certain circumstances. At this hearing the magistrate will determine whether, under the facts of your case, you will be released prior to trial. If you are released, you may be required to deposit a cash bail or purchase a bond in order to secure your release. You attorney can give you recommendations on how to accomplish this. Your release conditions may also stipulate that you must provide urine samples, surrender your passport, and comply with restrictions on your travel or residence. The court may set many other conditions. Some forms of release require you to wear electronic or satellite (GPS) tracking equipment. This will be in the form of an ankle bracelet or transmitter. Other forms of release may require you to check in daily with a probation officer.
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THE INDICTMENT
At some point in the process, either before your arrest or within a few weeks of arrest, the prosecutor will present your case to a grand jury. Neither you nor your attorney usually will be present. If the grand jury decides that there is enough evidence against you to justify charging you with a crime, then the grand jury will issue a formal charging document, called an indictment, stating the exact charges against you. In some cases, it is appropriate to waive your right to indictment and permit the government to file an information against you. An information also is a formal charging document. It has the same effect as an indictment. The filing of an information bypasses the grand jury process. If waiver of indictment is an option in your case, your attorney will discuss it with you.
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THE ARRAIGNMENT
On an indictment, you will be scheduled for an arraignment before a U.S. Magistrate Judge. This occurs in Seattle, Washington in the federal courthouse. At the arraignment, your charges are read to you. At that time, you will be required to enter a plea of guilty or not guilty to the charges against you. You will be advised of your rights. If the case is a felony charge and your arraignment is before a U.S. Magistrate Judge, you usually will be required to enter a plea of not guilty even if you have already entered into a plea agreement. No evidence will be taken at this time. Shortly after this, the court will set dates for motions to be filed and for evidence to be disclosed, and a date for your case to be tried. Your attorney will advise you of your rights and options.
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