1. Investigation and Federal Indictment
What Happens:

● Many federal cases begin with a lengthy investigation by agencies like the FBI, DEA, or IRS

● Evidence is presented to a grand jury in secret

● If probable cause is found, the grand jury issues an indictment (formal charges)

Federal Court Distinction: Unlike state court, federal charges often come after an indictment, not an arrest. You may not even know you're under investigation until you're charged.

2. Initial Appearance and Detention Hearing
What Happens:

● The defendant appears before a federal magistrate judge

● Charges are read, and conditions of release or detention are discussed

● A detention hearing is held to determine if the accused will remain in custody

Federal Court Distinction: Federal courts use a risk-based system to determine pretrial release, and many defendants are held without bail if deemed a flight risk or danger to the community.

3. Arraignment and Discovery
What Happens:

● The formal plea of Not Guilty is entered
● The government provides discovery, including reports, wiretaps, surveillance, and witness lists
● A trial date is typically set
4. Plea Negotiations and Pretrial Motions
What Happens:

● Federal prosecutors may offer plea deals with sentencing recommendations

● Defense may file motions to suppress evidence, dismiss charges, or compel additional discovery

● Sentencing exposure is heavily influenced by the Federal Sentencing Guidelines

5. Plea Negotiations
What Happens:

If a settlement is reached via plea agreement, the case proceeds to Sentencing (7)

• Plea agreements can either specify the sentence or can leave the final sentence up to the judge

Benefits of plea agreements include:

• Reduced charges
• Limits on the maximum sentence
• Avoid uncertainty of trial and eliminate worst case trial verdict scenarios
• Avoid expense and stress of trial

If the case proceeds to trial, it will be before a judge and jury (6)

6. Trial

● The government presents its evidence; the defense cross-examines and presents its case

● Jury deliberates and returns a verdict

Federal Court Distinction: Federal prosecutors have significant resources and trial preparation is meticulous. Conviction rates are high, so trial strategy must be carefully weighed.

7. Sentencing
What Happens:

● If convicted, a presentence report is prepared by the U.S. Probation Office

● The judge considers Federal Sentencing Guidelines, as well as Sentencing Memorandums provided by the Prosecution and Defense

• Prosecution memo will argue aggravating factors and seek a higher sentence
• Defense memo will discuss history and character of the defendant as well as certain characteristics of the offense that justify a lesser sentence. 
• Defense attorney will assist Defendant in gathering mitigation documents, such as character letters from family and friends and evidence of education and employment.

● Sentence is imposed (often includes probation or prison, supervised release, fines, restitution)

7. Appeals and Post-Conviction Relief
What Happens:

● The defendant may appeal the conviction or sentence to the U.S. Court of Appeals

● Grounds include legal errors, ineffective counsel, or new evidence

● Post-conviction motions (e.g., 2255) can also be pursued