Philadelphia Federal Criminal Case Timeline: Arrest to Sentencing

Philadelphia Federal Criminal Case Timeline: Arrest to Sentencing

Being arrested and going through the criminal justice system can be an incredibly stressful and confusing time. This article aims to provide a general overview of what you can expect from the time you are arrested on federal charges in Philadelphia up until you are sentenced.

Arrest

If federal law enforcement agents have probable cause to believe you committed a federal crime, they can arrest you with or without an arrest warrant. At the time of arrest, they should inform you of the charges against you and read you your Miranda rights.

After arrest, you will be fingerprinted, photographed, and subject to other booking procedures. The arresting agents have 48 hours to bring you before a judge or magistrate for an initial appearance, where you will be formally notified of the charges and your rights.

Initial Appearance

At your initial appearance before a judge, you will be formally notified of all the federal charges filed against you. The judge will also address the issue of bail — whether you can be released pending trial, and if so, under what conditions like electronic monitoring, curfews, etc. If bail is denied, you will be detained until your trial.

You do not need to enter any plea during the initial appearance. The judge will likely appoint a lawyer to represent you if you cannot afford one yourself. Your arraignment and plea entry comes later.

Preliminary Hearing

Within 14 days of the initial appearance, a preliminary hearing will usually be held where the prosecution has to show there is probable cause for the charges — that is, reasonable grounds to believe you committed the crimes alleged. If probable cause is found on at least one charge, your case will be sent to a grand jury.

Grand Jury

Federal criminal charges must be brought by a grand jury unless waived by the defendant. The grand jury hears only the prosecution’s side and determines if there is sufficient evidence to formally charge you by bringing an indictment.

If an indictment is brought, your arraignment will follow where you are brought before a judge, formally notified of all charges the grand jury brought against you, and asked to enter a plea of guilty, not guilty or no contest.

Discovery

After arraignment, the discovery phase starts where the defense and prosecution exchange information and evidence about the case. This can include witness statements, documents, photographs, results of scientific testing, and other evidence the lawyers intend to present at trial. Discovery enables both sides to fully prepare for trial.

Pretrial Motions

During pretrial, either side may file motions asking the judge to decide a disputed legal or procedural issue. For example, common defense motions include requests to suppress evidence, dismiss charges, or separate trial of co-defendants. If hearings are needed to resolve the motions, they will be scheduled during this phase.

Plea Bargaining

Many federal cases end with a plea bargain instead of trial. This involves negotiating an agreement where the defendant pleads guilty in exchange for charging or sentencing concessions by the prosecutor. If no bargain can be reached, the case proceeds to trial.

Sentencing

Before imposing a sentence, the judge will review things like sentencing guidelines, statutory minimums and maximums, the presentence report prepared by probation, victim impact statements, and any other relevant information. The judge has significant discretion in fashioning an appropriate sentence based on the facts.

Besides imprisonment, the sentence may also involve fines, restitution, probation, and other supervised release conditions. Appeals of the conviction or sentence can be filed after sentencing.