WHAT ARE THE PHASES OF A FEDERAL CRIMINAL CASE?

Investigation. Every federal criminal case begins with an investigation. The investigation phase is broad, and can begin with a tip (anonymous or otherwise), a co-conspirator’s confession, or even a seemingly unrelated arrest of a third party. Requests for interviews, often accompanied by a target letter, grand jury subpoenas, and reviews of business records are all part of an investigator and prosecutor’s toolbag to determine whether a crime has occurred and the suspect or target committed the crime.

Charging documents. After a law enforcement officer swears out a criminal complaint or a grand jury returns an indictment, the actual criminal prosecution begins. A charging document filed in the Eastern District of North Carolina will be adjudicated in federal court in Raleigh, Wilmington, New Bern, or Elizabeth City. Federal magistrate judges also hold court in those cities as well as Greenville.

Arraignment and Trial. The arraignment is the court proceeding at which the charged person will plead guilty (with or without a plea agreement) or not guilty. A guilty plea will result in a sentencing hearing after at least three months. A not guilty plea will result in a trial at which the government must prove the defendant’s guilt beyond a reasonable doubt. If the jury returns a verdict of not guilty, the case is over. Otherwise, the case will proceed to the sentencing phase.

Sentencing hearing. At the sentencing hearing a federal judge will consider the evidence in light of the U.S. Sentencing Guidelines. The Guidelines, which are advisory and non-binding, provide a range of months that are presumptively appropriate for the offense.