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Three things to know if you are facing a case with federal charges against you:
If you’re facing federal crime charges, your case will be heard in a federal court. There are a few important things to know as you begin to navigate this process.
First, the federal court system is radically different than the state court system; a criminal case is going to be in the federal court system if the government asserts jurisdiction because of a violation of federal law (these laws are found in the United States Code), OR if it is a crime that occurred on federal property (like a DUI in a national park).
Second, there are many instances where the potential defendant will learn of a federal investigation long before formal charges are initiated. These situations offer a unique opportunity for defense lawyers to work with federal prosecutors, called Assistant U.S. Attorneys (or AUSA’s for short) towards either shaping the type of case brought, or in some cases, negotiating out and out dismissal of the charges. This is just one of the reasons why it is so vital to bring in a lawyer at the first hint of an investigation. If you wait too long, you limit what can be done for you.
Third, A federal case may begin with a grand jury indictment and the arrest of the defendant. (This is the typical case where there is ongoing criminal activity, and the AUSA wants to make their initial moves in secret.) A federal case could also be started with the filing of a criminal complaint along with the issuance of an arrest warrant. If this path is chosen, the defendant would have to be indicted within 30 days. In cases where time is of the essence for Assistant U.S. Attorneys, the filing of a criminal complaint is easier and faster than going to a grand jury, so this is a fairly common scenario.
No matter what kind of federal criminal charges you may face, don’t try to go it alone. Talk to an attorney who really gets the ins and outs of the federal system, so they can work it to your advantage, and not the governments.
