Do Federal Cases Always Go Trial.

Yes. Most federal criminal cases resolve without a jury trial. In most cases, this happens through the entry of a guilty plea, which can be a strategic decision to avoid the risks of going to trial.

As a result, federal criminal trial rates are subject to change and will vary based on a variety of factors including:

• Type of offense charged
• District where the case is being prosecuted
• Defendant’s characteristics (e.g., criminal history, evidence in hand, etc.)
• Year in which the case is being litigated

Ultimately, there is no such thing as a “typical case.”

Federal civil cases (which involve legal disputes between two or more parties, including governmental parties) are different from federal criminal prosecutions, and federal civil case metrics will not tell you the likelihood of having to face a jury trial in a criminal case.

Pinpointing the exact percentage of federal criminal cases that end in a jury trial is difficult. Disposition percentages for federal criminal cases depend upon a number of factors, including the dataset being analyzed, the time period being scrutinized, and the specific type of disposition (e.g., trial by jury, trial by a single judge) being looked at.

For these reasons, estimates of 2 percent are often quoted, although these estimates are difficult to verify. In the absence of an identifiable supporting study, it is difficult to accept a general estimate that the trial rate for all federal criminal cases is only 2 percent. It is far more likely that the rate of going to trial is much higher for certain types of offenses than others, and that certain defendants’ cases are far more likely to go to trial than others’.

Regardless, any estimate of the probability of facing a jury trial in a federal criminal case can give an inaccurate impression. Your federal criminal defense attorney should be able to help you understand the risks and opportunities presented by your case.

Why Can’t Anyone Give One Reliable Percentage for Federal Cases Reaching Trial?

Calculating a trial rate for federal criminal cases requires an identifiable denominator (i.e., a set of federal criminal cases), a numerator (i.e., the number of federal criminal cases from that set that reach trial), and a methodology for conducting the calculation.

A trial rate can be calculated from federal criminal dispositions by dividing the number of dispositions involving a trial by the total number of dispositions, provided that the dataset and definitions are specified.

A reliable calculation also needs to account for a number of other factors. This includes (but is not limited to) determining how to treat acquittals, mistrials, transfers to state courts, and federal criminal cases that have not yet been resolved. This also includes determining how to categorize trials by jury, trials by a single judge, and pleas to criminal offenses.

When national percentages for guilty pleas, cooperation agreements, dismissals, and diversion programs are quoted, this information requires documented methodology that clarifies which types of cases (and which types of defendants) are included in the dataset. This methodology should also account for acquittals, mistrials, transfers to state courts, and federal criminal cases that have not yet been resolved.

Comparing trial rates between federal and state cases requires that the datasets and the definition of a “criminal case” are consistent across both sets. Without consistent definitions and consistent denominators, you simply have to compare apples to oranges.

Estimates that five to eight percent of federal criminal cases get dismissed, also require a clear, identifiable dataset. This dataset should explain what constitutes a dismissal, why other categories of cases are excluded from the calculation, and why certain types of defendants are (or are not) included in the set.

If federal agents are at your door, the firm's advice is the same as every defense lawyer's: say you want your lawyer, then stop talking.

How Do Pleas, Dismissals, and Diversion Keep a Federal Case from Trial?

There are several ways for federal criminal cases to end without a trial.

Guilty Pleas

In many cases, this is the method of disposition that is most likely. Federal plea agreements are entered into by federal prosecutors and federal criminal defense lawyers. This plea agreement is a contract in which the defendant agrees to a certain disposition in exchange for certain concessions. However, it is not a final disposition on its own. The plea agreement must be reviewed and accepted by the presiding judge. If the judge refuses to accept the agreement, then the defendant must be given an opportunity to withdraw the plea.

When a defendant enters a guilty plea, this means that they waive their right to a trial on the charges to which they have pleaded guilty. The defendant then moves directly to sentencing. If the federal criminal defendant has already been sentenced as part of a plea agreement with the federal prosecutor, the judge may finalize the sentencing at the plea hearing. In some cases, the judge will sentence the federal defendant after the plea hearing without holding a trial.

Dismissals

A federal criminal case may also end with a dismissal. This may happen when the government moves to dismiss the charges, with the court's leave, or when the court dismisses the case. This may be a direct result of a plea agreement in which the prosecutor agrees to dismiss certain charges, or it may be a result of an independent decision to not prosecute, which can be due to a variety of reasons, including new evidence, lack of evidence, or a change in federal policy.

Pretrial Diversion

In some cases, federal criminal cases may also end through pretrial diversion. Pretrial diversion is a program that provides federal criminal defendants an opportunity to avoid a criminal conviction and a criminal record. In return for completing specified conditions, the outcome may be declination, dismissal or reduction of charges, or a more favorable sentencing recommendation. These conditions may include completion of community service, payment of fines, or completion of a rehab program.

If the defendant successfully completes the conditions of a pretrial diversion program, the resulting disposition may include declination, dismissal or reduction of charges, or a more favorable sentencing recommendation. If the defendant fails to complete the program, the defendant may be charged or returned to the traditional criminal justice process.

What Changes When a Federal Criminal Case Actually Goes to Trial?

A federal criminal trial is a multi-day (or week, or month, or year) proceeding involving witnesses, documents, recordings, experts, cooperating defendants, and more. It is a highly structured event with very few similarities to the legal system portrayed in television dramas and movies.

Federal criminal juries ordinarily contain twelve jurors, and jury members may be replaced if necessary. A federal criminal trial may also have an alternate juror.

To reach a verdict in a federal criminal trial, usually all of the jurors must agree. If any member of the jury disagrees with the others, then they can, in some circumstances, avoid a conviction. In most cases, a guilty or not guilty verdict must be unanimous in order for a federal jury trial to end.

When a federal criminal case actually goes to trial, the federal criminal defendant has no obligation to present any evidence, and the defendant has no obligation to call any witnesses.

The decision of whether or not to testify is the federal criminal defendant’s to make. The prosecution is, in general, not allowed to use the defendant’s decision not to testify against them. This is the defendant’s Fifth Amendment right.

At Spodek Law Group, we are committed to helping our clients avoid a federal criminal conviction. When the situation calls for it, we have the experience and the skills to defend clients at trial as well. This is why choosing the right law firm is so important for federal criminal defendants.

Speak With Counsel Before You Answer Anything

If agents have contacted you, the order matters: counsel first, answers second. Spodek Law Group has been practicing since 1976 and defends federal matters nationwide, coast to coast, from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028.