The federal process, plainly
How a federal case works, stage by stage.
Nine stages, explained in plain words, with what a defense lawyer usually does at each one. General information to help you follow along, not legal advice for your situation.
Not every case reaches every stage
Many investigations end without charges. Most charged cases end in a plea rather than a trial.
The early stages decide a lot
What is said and produced during the investigation often shapes everything that follows.
Clocks matter
Return dates, appeal deadlines and court schedules are strict. Write every date down.
You are reading: Investigation
Stage 01 of 09
Investigation
Agents gather records and interview people, often for months.
Federal cases usually start long before anyone is charged. Agents from the FBI, IRS Criminal Investigation, HHS Office of Inspector General, the Secret Service or another agency collect bank and business records, interview employees and partners, and sometimes use search warrants.
Many people never learn an investigation exists until an agent calls or a subpoena reaches their bank. Others learn about it when a colleague mentions an interview.
What a defense lawyer does here
Find out who is investigating and why, stop informal interviews, preserve documents, and start building the record while it can still change the outcome.
Stage 02 of 09
Target letter
Prosecutors may say in writing that you are a target, subject or witness.
Prosecutors sometimes send a letter saying a person is a target of a grand jury investigation. A target is someone they believe there is substantial evidence against and may charge. A subject is someone whose conduct falls within the investigation. A witness is someone with useful information.
Those labels are not permanent. A witness can become a subject, and a target can sometimes become a witness. A target letter often invites the person, through a lawyer, to talk before charges are decided.
- Target
- Prosecutors believe there is substantial evidence linking the person to a crime, and may charge them.
- Subject
- The person's conduct falls within the scope of the investigation. Not yet a target, not just a witness.
- Witness
- The person has information prosecutors want. Witnesses can still need a lawyer, and status can change.
What a defense lawyer does here
Confirm your status with the prosecutor directly, decide whether any meeting or written presentation helps you, and never let a target letter sit on a desk.
Stage 03 of 09
Grand jury
Citizens decide in secret whether there is probable cause to charge.
A federal grand jury has 16 to 23 citizens. It meets in private, hears the evidence prosecutors choose to present, and decides whether there is probable cause to bring charges. The defense does not present a case there.
Prosecutors use grand jury subpoenas to collect documents and testimony. A witness may not bring a lawyer into the room, but may step outside to talk with their lawyer before answering.
What a defense lawyer does here
Read every subpoena for what it really asks, negotiate scope and timing, protect privileged material, and prepare any witness who must testify.
Stage 04 of 09
Charges and first appearance
An indictment or information is filed and release conditions are set.
Charges are filed in an indictment from a grand jury, or in an information when the person agrees to be charged that way, often as part of a plea. Some people are arrested; others are allowed to appear on their own with their lawyer.
At the first appearance a magistrate judge explains the charges and decides release conditions. For a few kinds of charges the law presumes detention, and the defense must answer that at a hearing.
What a defense lawyer does here
Arrange a self-surrender where possible, argue for release on fair conditions, and protect travel, work and family obligations from the first day.
Stage 05 of 09
Discovery and motions
The evidence is turned over and challenged, sometimes millions of pages.
The government turns over its evidence. In a fraud case that can mean millions of pages of email, bank records and spreadsheets. In a cyber case it means forensic images and examiner reports.
The defense files motions to suppress evidence, dismiss counts or require more detail. The Speedy Trial Act sets a 70-day clock to trial, but complex cases usually pause it so both sides can prepare.
What a defense lawyer does here
Build a searchable record of the evidence, work with forensic accountants or examiners, and bring the motions the facts support.
Stage 06 of 09
Plea discussions
Most federal cases end in a plea. Each option carries its own risks.
Most federal cases end in a guilty plea rather than a trial. A plea agreement may set which charge is pleaded to, agree on parts of the sentencing calculation, or leave the sentence entirely to the judge.
Some people meet with prosecutors in a proffer, an interview under a written agreement that limits how their words can be used. Proffers and cooperation can help or hurt, and they are never a casual decision.
What a defense lawyer does here
Explain each option in writing, including the sentencing range it likely leads to, and negotiate terms only after the evidence has been tested.
Stage 07 of 09
Trial
Twelve jurors must agree that each element is proved beyond a reasonable doubt.
At a federal trial the government must prove every element of every charge beyond a reasonable doubt, and all twelve jurors must agree. Trials can last a few days or several months.
A jury can convict on some counts and acquit on others. The defense does not have to call witnesses or prove anything.
What a defense lawyer does here
Prepare as if trial will happen from the start, because a case ready for trial is also the strongest position for any negotiation.
Stage 08 of 09
Sentencing
The judge calculates the advisory guidelines, then decides the sentence.
After a plea or a guilty verdict, a probation officer writes a presentence report. The judge then calculates the advisory sentencing guidelines, which cross an offense level (1 to 43) with a criminal history category (I to VI) to produce a range in months.
The guidelines are advisory, not mandatory. The judge must also weigh the person's history, the nature of the offense and the other factors the law lists. Some offenses carry mandatory minimum sentences that limit what a judge can do.
| Offense level | I | II | III | IV | V | VI |
|---|---|---|---|---|---|---|
| 12 | ||||||
| 13 | ||||||
| 14 | ||||||
| 15 | Range in months | |||||
| 16 | ||||||
| 17 | ||||||
| 18 |
What a defense lawyer does here
Challenge the guideline math, prepare the client for the presentence interview, and present a full picture of the person through a mitigation report and letters.
Stage 09 of 09
Appeal
A notice of appeal is usually due within 14 days of the judgment.
A defendant usually has 14 days after the judgment to file a notice of appeal. An appeal reviews legal errors made at trial or sentencing. It is not a new trial and does not hear new witnesses.
Some plea agreements give up most appeal rights, which is one more reason to read a plea agreement line by line.
What a defense lawyer does here
Preserve issues during the case, file the notice on time, and bring in appellate counsel when a fresh set of eyes helps.
Where are you?
Not sure which stage you are in? That is normal.
Finding out is usually the first thing we do. One call to the prosecutor can tell us more than months of guessing.
Confidential consultation
Talk to a lawyer before you talk to anyone else.
A short, confidential call is often enough to learn where you stand and what not to do this week. We will tell you plainly whether we can help.
Please do not send case details through any website form or by email. We cover them by phone or in person, under privilege.
Consultation line: 7 days, 7:00 a.m. to 10:00 p.m. If a search or an arrest is happening now, call at any hour.