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Federal Criminal Trials: What to Expect and How to Prepare

March 21, 2024 Uncategorized

Federal Criminal Trials: What to Expect and How to Prepare

Hey there! Going through a federal criminal trial can feel really intimidating and stressful. But having a good idea of what to expect and getting yourself ready can help make it all less overwhelming. I’m going to walk you through the basics of how federal trials work and give you some tips on how to get prepared.

The Nitty Gritty Details

Federal criminal trials happen in United States District Courts in front of a judge and a jury made up of 12 random people chosen from voter registration records. The main players are the judge, the jury, the prosecutors (who work for the U.S. Attorney’s Office), the defense attorneys, the defendant (the person being charged with the crime), and any witnesses called by the prosecution or defense.These trials can take days, weeks, or even months depending on how complicated the case is. The goal for the prosecutors is to prove “beyond a reasonable doubt” that the defendant committed the crime. The defense attorneys’ job is to argue that the evidence doesn’t meet that standard.

Before You Get to Trial

A lot goes down even before you step foot in the courtroom. Here’s a quick look at some of the common steps:

  • Investigation – Federal agencies like the FBI look into potential crimes. This can involve surveillance, undercover work, interviews, examining records, etc.
  • Grand Jury – A grand jury hears evidence from the prosecutors and decides if there’s enough to charge someone.
  • Indictment – If the grand jury thinks there’s enough evidence, they hand down an indictment, which formally accuses the defendant of a crime.
  • Arrest – Once indicted, the defendant gets arrested and brought before a judge who sets bail.
  • Arraignment – At the arraignment, the defendant enters a plea of guilty or not guilty. If they plead not guilty, a trial date is picked.
  • Pretrial Motions – The attorneys file motions before the trial starts to address things like suppressing evidence or dismissing charges. The judge decides how to rule on them.
  • Plea Bargaining – Many cases end through plea bargains instead of going to trial. The defendant pleads guilty in exchange for lesser charges or a lighter sentence.
  • Jury Selection – Before the trial, potential jurors are screened in a process called voir dire. The attorneys pick 12 jurors and often some alternates.

What Goes Down at the Actual Trial

Once the trial starts, there’s a specific protocol and order of how things happen:

  • Opening Statements – Each side gets to present an opening statement previewing their case.
  • Prosecution’s Case – The prosecution calls their witnesses and presents evidence first. Witnesses get questioned and cross-examined.
  • Defense’s Case – After the prosecution rests, the defense calls witnesses and introduces evidence. The defendant can testify if they want to, but doesn’t have to.
  • Closing Arguments – Once all the evidence is presented, the lawyers make closing arguments to summarize their positions.
  • Jury Deliberations – The jury deliberates privately until they reach a unanimous verdict. No one can communicate with them during this.
  • Verdict – In the courtroom, the jury announces if they find the defendant guilty or not guilty on each charge.
  • Sentencing – If found guilty, the judge picks a sentencing date to decide on the penalty. Some crimes have mandatory minimum sentences.

How You Can Get Ready for a Federal Criminal Trial

Having to go through a federal criminal trial can feel super overwhelming. Properly preparing can help reduce anxiety and give you more confidence. Here are some tips:

  • Hire an experienced attorney – Having a knowledgeable federal criminal defense lawyer on your side is crucial. Don’t try to go it alone.
  • Be honest with your lawyer – Tell them everything. Holding back info could end up hurting your case. Conversations are confidential due to privilege.
  • Learn the process – Have your lawyer walk you through what to expect at each step. Understanding the timeline helps avoid surprises.
  • Attend every hearing – Don’t skip any pretrial hearings or meetings. What happens there can impact the actual trial.
  • Testify if needed – Many defendants decide not to testify. But if you do, practice with your lawyer so you’re prepared and comfortable.
  • Make a witness list – Work with your lawyer to identify witnesses and evidence that could help prove your innocence.
  • Take care of yourself – Get plenty of rest and eat healthy leading up to the trial. You need to have a clear head.
  • Lean on your support system – Talk to trusted friends and family who can provide emotional support and encouragement.
  • Stay positive – Keep faith in your lawyer and remember the prosecution has to prove the case against you. Thoroughly preparing can help reduce stress and make the whole trial process feel less scary. The more you know what to expect, the better prepared you’ll be. Just take it one step at a time.

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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