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Federal Crimes

Federal Crimes

1. The Charging Instrument
   You have been charged with a federal crime.  Federal cases
   are managed very differently than those cases in the North
   Carolina criminal justice system.  Deadlines and timetables
   move very quickly in federal cases.
    
   
2. Grand Jury Indictment
   You have a right to be charged by indictment by a grand jury when facing a felony. A grand jury consists of 16 to 23 members and at least 12 members concur. The defense is not notified and has no notice to be present.  You do not have a right to be present at the Grand Jury proceedings.
    
   
3. 1st Appearance
   Upon being charged you are arrested and make a 1st Appearance before a U.S. Magistrate. During this hearing you are screened for a Court Appointed Attorney, are formally told about the charges against you, given a copy of the indictment, and informed about the maximum punishment. U.S. Probation will have conducted a preliminary interview and will ask you about a potential 3rd party custodian. Someone related to you by blood or marriage must be willing to testify on your behalf at the Detention Hearing and inform the Court that they will (1) Be sure you meet all court obligations and appearances; (2) Allow you to live with them during the duration of the case; (3) Will turn you into probation if you violate any conditions of release; (3) Remove all firearms from the residence; and  (4) Willing to comply with any other conditions imposed by the court to ensure your appearance and safety.
    
   
4. Detention Hearing
   The Detention Hearing is usually held three days after the 1st Appearance.  By now you have met with and spoken with your attorney. The purpose of this hearing is again to be sure you understand the charges pending against you and their minimum/maximum punishments and to decide if you will be released pending trial. Unlike state cases, this is really the only time your release status will be discussed by the court until sentencing. This is similar to a bond hearing in state court, but in most cases, a 3rd party custodian is required to testify.  Although some people are released during this hearing, it is a relatively small percentage.
    
   *If you are released, you must comply with all conditions. Otherwise, you risk – upon conviction – a large percentage increase in your sentence.  New charges (traffic charges count) or testing positive for drugs are the most common violations I have seen.
    
   
5. Speedy Trial
   Generally, 70 days from the date of your First Appearance you will be tried for the offense(s) charged against you.

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