Federal Arraignment Procedure: Your First Court Appearance.

No. At this point in the legal process, federal prosecutors are still in the early stages of building their case. They have not yet demonstrated the evidence that they will rely upon at trial, and they have certainly not met their burden of proving your criminal liability beyond a reasonable doubt. In fact, the purpose of a federal arraignment is not to determine whether the charges against you are warranted, but rather to keep the case moving forward. As prosecutors and judges, they have no desire to let the criminal proceedings drag on, and so the federal court system has procedures in place to expedite criminal prosecutions. In the context of federal criminal cases, the term “arraignment” is frequently used in broad terms. But, while an arraignment usually serves as the next formal step in the legal process following a defendant’s arrest, there are actually two different types of proceedings: an initial appearance under Rule 5 of the Federal Rules of Criminal Procedure, and a Rule 10 arraignment.

The Rule 5 initial appearance usually takes place first, although sometimes defendants are initially appeared and then promptly arraigned as well. As explained above, an arraignment in federal court is typically brief and largely procedural. Due to the complexity of most serious federal criminal cases, defendants are rarely ready to enter a plea at their first court appearance, and cases that involve serious offenses are almost never resolved at the arraignment stage.

What happens from a federal arrest through the Rule 10 arraignment?

A federal criminal prosecution may begin with a complaint, warrant, or indictment. As a result, a defendant’s first time in court could be for a Rule 5 initial appearance, or it could be for a Rule 10 arraignment.

Although most defendants who are arrested based on a criminal complaint or warrant will undergo both an initial appearance and an arraignment, federal court procedures allow for the possibility of these two proceedings merging into a single event in some circumstances.

The Federal Rules of Criminal Procedure, Rule 5, govern the process of an initial appearance. Federal Rule of Criminal Procedure 5 requires the person making an arrest within the United States to take the defendant without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides. The Rule 5 initial appearance can happen at any time during the process, from the time of the individual’s arrest through the time of the actual Rule 10 arraignment.

At the defendant’s initial appearance, several important things take place. Specifically, the court:

• (i) informs the defendant of the charges being filed;
• (ii) reads the defendant’s constitutional rights, including the right against self-incrimination (making sure that the defendant understands what they mean);
• (iii) appoints counsel if the defendant is unable to afford one;
• and, (iv) makes determinations regarding the defendant’s pretrial liberty.

While the Federal Rules of Criminal Procedure provide for the appointment of counsel when the defendant is indigent, Rule 44(a) provides more generally that “A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right.” As a result, the court has the discretion to appoint counsel in cases where a defendant’s means are in question. The initial appearance can occur either hours after arrest or a few days later, and it can last as little as a few minutes or as long as an hour or more, depending on the issues that are being addressed.

What does Pretrial Services report before deciding your federal release conditions?

The Pretrial Services interview is a unique feature of the federal criminal law enforcement process. At the interview, a defendant is asked various personal and criminal history questions which the Pretrial Services officer uses to formulate a recommendation that is then forwarded to the presiding magistrate judge.

While the term “Pretrial Services” is used to describe both a federal office and its interview process, it is fundamentally important for defendants and their legal representation to understand that Pretrial Services is not defense counsel. It is part of the court system and, while it does not represent the government, it does not represent the defendant, either.

The interview with Pretrial Services usually takes place before the defendant’s initial appearance. During the interview, defendants are asked questions about various personal aspects such as:

• (i) employment
• (ii) residence
• (iii) family members, relationships, and kids
• (iv) finances
• (v) prior law enforcement contact
• and, (vi) potential addictions and treatment history.

The information elicited during the Pretrial Services interview is used to formulate a recommendation. It’s worth noting that the recommendations produced by Pretrial Services are merely advisory and are not binding. However, defendants should still be careful about what they say to a Pretrial Services officer. Statements made during the interview can end up in reports that are reviewed by prosecutors. If you are being charged with a federal offense, call Spodek Law Group today to find out if your legal team can help with your case. We work directly with our clients and we are ready to answer any questions you may have. We provide free confidential case evaluations and we would be honored to discuss your situation with you.

How can a federal detention hearing keep you jailed, and be reviewed?

The U.S. Marshals Service generally maintains custody of federal pretrial detainees, although some are housed in Federal Bureau of Prisons facilities. If the government requests that a defendant be detained pending trial under the Bail Reform Act, a detention hearing may be necessary. This is a formal court hearing where the government presents evidence of the danger the defendant poses to any person or the community, the risk of flight, or a serious risk of obstruction, while the defense argues for pretrial release.

Section 3142 of the Bail Reform Act governs pretrial release and includes language directing courts toward the least restrictive conditions that are sufficient to ensure that a defendant does not flee or represent a danger to the community. Specifically, it directs courts to consider granting release:

• (i) on a personal recognizance;
• (ii) subject to non-financial conditions, if a personal recognizance will not be sufficient;
• (iii) subject to financial conditions, if non-financial conditions will not be sufficient;
• or, (iv) if none of those measures will be sufficient, the person will be detained pending trial without release.

Section 3142(g) lists the factors that must be considered when determining whether detention is necessary. The section lists four factors:

• (i) The nature and circumstances of the alleged offense,
• (ii) The weight of the evidence,
• (iii) Characteristics of the defendant, including his or her identity, ties to the community, employment, financial resources, family ties, history of substance abuse, and history of compliance with conditions of pretrial release,
• and, (iv) The nature and seriousness of the danger to any person or the community that would be posed by the person’s release.

A detention hearing usually takes place within three business days after the defendant’s initial appearance. The government will have to provide notice of its intention to seek detention and present evidence that it believes is relevant in determining whether a defendant poses a danger or risk of flight.

At detention hearings, it is most common for the government to present this evidence through an attorney’s proffer using documents such as the criminal complaint or indictment.

When does the federal Speedy Trial clock start after arraignment?

The Speedy Trial Act generally requires a trial in a federal criminal case to take place within 70 countable days. But how are these days counted? The Act, which reads: “ a trial shall commence no later than 70 days from the filing date of the information or indictment, or from the date the defendant appeared before a judicial officer, whichever occurs later,” To be clear, though the statute specifies the filing date of the information or indictment or the defendant’s appearance before a judicial officer, whichever occurs later. Additionally, the Act also specifies that, while a trial cannot take place later than 70 days from the starting date, it also cannot take place sooner than 30 days after the defendant first appears through counsel or expressly waives counsel and proceeds pro se, unless the defendant consents in writing to the contrary. While the Speedy Trial Act seems to mandate a strict timeline for federal criminal proceedings, it is also true that not every day counts. There are various things that exclude time from being counted during the calculation for the 70-day period. These things include: - (i) time spent on pre-trial motion practice;

• (ii) time while awaiting a decision on an “interests-of-justice” continuance;
• (iii) time excluded under the Act, including time resulting from a continuance granted after the court makes the required ends-of-justice findings; and,
• (iv) other types of delays that fall under the rules of the Act. If the government fails to follow the requirements of the Speedy Trial Act, the defendant can file a motion to have the charges dismissed. We will never hesitate to protect yours by ensuring the government is held to the law. If you are in need of representation in the face of federal criminal charges, call Spodek Law Group today for a free confidential case evaluation.

If You Want Someone to Look at Your Case

Reading about a charge is not the same as having someone read your file. Spodek Law Group keeps an attorney on call around the clock, and the first consultation costs nothing and runs as long as your questions do. The number is 888 348 8028.