Federal Trial Procedure: What Happens at Trial.

While the vast majority of federal criminal cases resolve through guilty plea rather than through a trial, this is not the case for every case. If no plea disposition is reached during the pretrial phase, then your federal criminal case will proceed to trial. At trial, the case may result in a conviction, an acquittal, or a mistrial.

The amount of time it takes to conclude a federal criminal trial is subject to change based on a number of different factors. A federal trial in a less complex case with fewer witnesses, evidence, and charges will take substantially less time than a federal criminal trial in a complex, multi-defendant case with voluminous evidence, testimony, and multiple federal criminal charges.

The particular charges in your case may also affect the likelihood of your case reaching trial. For instance, certain charges can make a federal jury trial the most logical path forward to pursue, while other types of charges may make a plea bargain the best option for protecting your best interests. The charges you are facing may also dictate what type of defense strategy our team must take to adequately protect you.

Detention status can also have a bearing on a defendant’s decision to accept a plea or go to trial. Whether you are free to return home on bond during a federal criminal case, or whether you must remain detained throughout the process, will affect your decision-making process. The stakes involved in detention during a federal criminal case are high and will play into your legal team’s strategic decisions moving forward.

How does a federal case move from arrest to a trial date?

At a person’s initial appearance in a federal criminal case, it is likely that the judge presiding will be a federal magistrate judge. During this appearance, the court will address a number of different issues, including the specific charges in the case, whether you have (or need) counsel, and whether you should remain free or detained during the process.

A federal grand jury is charged with determining whether there is probable cause to support an indictment in your federal criminal case. A federal felony prosecution generally requires an indictment, although a defendant may waive indictment and proceed by information, while misdemeanors may be prosecuted under different procedures. Importantly, unlike in state court, federal grand jury proceedings are held in secret, and you do not have the right to attend or have your legal team present during the proceedings. This differs significantly from a trial, which is a public proceeding that you are guaranteed to attend.

Arraignment is where the prosecutor informs you of the indictment or information and where you are given the opportunity to plead guilty or not guilty to any of the charges in your federal criminal case. This is one of the most important hearings in your federal case as your plea will dictate the next steps in the litigation process. After you plead not guilty, you will be given time to prepare your federal criminal defense case and your trial date will be set.

What work does defense counsel complete before trial?

Suppression motions seek to exclude illegally seized material or evidence that was obtained by violating the laws or the U.S. Constitution. If the court grants the motion, the unlawfully obtained evidence will not be admissible in court. This is a key strategy for defense lawyers, especially if the evidence against the defendant was improperly obtained.

Under the federal government’s Speedy Trial Act, a federal criminal trial generally must commence within seventy days of the later of the filing and public disclosure of the indictment or information or the defendant’s first appearance before a judicial officer, subject to statutory exclusions. However, parties can request continuances for a range of reasons, and if the court approves the request, it can extend this seventy-day window.

Discovery is the process through which the government and defense exchange information subject to disclosure under applicable law. With the discovery process in place, both sides will have a clearer picture of the evidence and witness testimony and can prepare their case accordingly. The government has an affirmative duty to disclose material evidence favorable to the defense, including exculpatory evidence.

What information is typically included in a federal criminal case’s discovery disclosures?

Discovery disclosures in federal criminal cases often include relevant documents, computer or cell phone recordings, statements from the defendant, summaries of interviews with potential witnesses, and other evidence. The government may disclose qualifying witness statements, commonly called “3500 material,” after the government witness has testified on direct examination, although the parties may agree to earlier disclosure. The 3500 material will provide insight into what witnesses are expected to say in court and will allow your federal criminal defense team to formulate a trial strategy for cross-examination.

Spodek Law Group takes federal matters nationwide, coast to coast, and runs a fully online client portal so a case can be handled from anywhere.

Who selects the jury, presents evidence, and controls the trial’s pace?

In most state court criminal cases, federal judges are not the ones conducting criminal jury selection. That’s a function of the attorneys on the case. However, in federal criminal cases, the court may examine prospective jurors or permit the attorneys for the parties to do so. Once selected, a federal criminal jury typically consists of twelve seated jurors, and the court may impanel up to six alternate jurors.

Once jury selection is complete, the trial begins with opening statements from both the prosecution and the defense. In most cases, the prosecution will be the first to present its case and then the defense will present its case. The prosecution’s evidence will include witnesses’ testimony and other forms of evidence that the government will present in support of the charges against the defendant. The prosecution may use witnesses, recordings, documents, physical evidence, stipulations, and other admissible evidence to support its case.

At the federal trial level, the parties may offer relevant and admissible evidence, subject to the judge’s rulings. This can include documents, recordings, videos, and demonstrative evidence. Witnesses are also the only people who may offer testimony in federal criminal trials. After the prosecution rests its case, the defense will then go to its presentation of evidence. The defense will choose whether to present witnesses or other forms of evidence in support of the case. The defense will also be able to introduce any relevant evidence or testimony that it finds essential to a successful defense.

The defense’s role is to raise a reasonable doubt about the prosecution’s case that would not lead to a guilty verdict. Many federal criminal defense attorneys will focus their approach around these arguments, while others may choose to tell a story of their client’s innocence, provide a counter-explanation to the prosecution’s case, or present a positive view of their client’s history. Every approach should ultimately lead to a conclusion that does not result in a conviction at the end of the trial.

After both parties present their cases, and a request is made for a jury verdict, there will be closing arguments from both the prosecution and the defense. Then the case moves to the next phase of the federal trial process which is jury deliberations.

What follows a federal verdict, and when can the case end?

Following the presentation of evidence by both the prosecution and the defense, the attorneys for both sides will give closing arguments. Then, the presiding judge will deliver jury instructions to help the jurors apply the law to the evidence they have considered. Finally, the jurors will go into deliberation.

Like many civil cases, the verdict in a federal criminal case must be unanimous. However, if the jury cannot come to a unanimous decision then it is a hung jury. This can happen in complex cases when different jurors have different interpretations of the evidence or believe the evidence suggests different outcomes.

If the judge declares a mistrial, the government will need to decide if retrying the case is worth it, and if so, which steps it will take to ensure a successful verdict in a new trial. With an acquittal (a “not guilty” verdict) as a result of the federal trial, the case against a defendant will ordinarily end there. However, if the defendant is convicted of any of the federal criminal charges, then a sentencing hearing will take place. This hearing will typically take place several weeks after the verdict.

There are a number of possible outcomes in a federal criminal trial, and each one leads to a different stage of the process. If your case has reached this point, you and your legal team have much to be concerned about and you should consult with an experienced defense lawyer. At Spodek Law Group, we offer the legal experience you need to ensure that you are protected through the duration of the trial process, as well as if you need a dedicated lawyer to represent you in federal court.

Contact a Federal Criminal Defense Attorney

Nothing here is legal advice, and the details of your case matter. Todd Spodek and Spodek Law Group take federal criminal and white collar cases nationwide, from offices in New York, Brooklyn, Queens and Los Angeles. You can reach the firm at 888 348 8028.