The warrant is based on an Indictment see below or a Complaint filed with the U.
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An Affidavit , signed by a law enforcement officer, usually accompanies the Complaint. The Affidavit explains the crime committed as well as the role of the accused in that crime.
In other words, the Affidavit is used to establish probable cause that the accused committed the crime. Initial Appearance -- As soon as practicable after arrest, the alleged offender must be granted an Initial Appearance before a Magistrate Judge.
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The Magistrate Judge advises the accused of his or her rights and determines if he or she has the financial ability to hire an attorney or if a public defender must be appointed. The Magistrate Judge also sets release conditions, including any bond. At the same time, a federal prosecutor, known as an Assistant United States Attorney , may ask that the defendant be detained.
Detention Hearing -- If the alleged offender is detained, a Detention Hearing must be held within three working days. At that hearing, the Magistrate Judge listens to evidence about the accused's risk of flight or danger to the community.
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The Magistrate Judge then decides if the accused should be detained or released pending trial. Preliminary Hearing -- Within 10 days of arrest on a Complaint, the accused also has the right to a Preliminary Hearing , during which an Assistant U. Attorney may offer testimony to establish probable cause, and the defense attorney may provide evidence on behalf of the accused.
If the Magistrate Judge overseeing the hearing finds sufficient probable cause as to the commission of the crime as well as the accused's role in it, the accused is bound over for further proceedings by a grand jury. Note, if the grand jury returns an Indictment against an alleged offender before arrest is made, a Preliminary Hearing is not necessary.
Grand Jury -- The final decision to prosecute a federal criminal case rests with a grand jury. A federal grand jury is comprised of 23 randomly selected citizens from across the judicial district This judicial district encompasses the entire State of Minnesota. Those selected to serve on the grand jury do so for a few days each month for approximately one year, after which a new grand jury is selected by the U.
Attorneys appear before the grand jury to establish probable cause that a particular person committed a federal felony. They do this by calling witnesses and presenting evidence obtained with Grand Jury Subpoenas. Defense attorneys are not allowed to appear before the grand jury; the accused does not need to testify before the grand jury; and the work of the grand jury is to be kept secret.
Indictment Returned -- If the grand jury decides the evidence presented establishes probable cause, it issues an Indictment against the accused. At least 16 of the 23 members of the grand jury must be present to conduct business, and at least 12 jurors must vote to indict.
Determining Probable Cause
The Indictment is called a True Bill. If the grand jury does not find sufficient probable cause, it returns a No Bill. Like an indictment, an information is a formal charging document that describes the criminal charges against a person and the factual basis for those charges. Instead, the information is presented to a judicial officer, usually a magistrate judge, who examines the information and decides whether there is probable cause that a crime occurred.
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A complaint is simply a statement of the essential facts of the offense to be charged, made under oath by a law enforcement official. The purpose of the complaint is to establish probable cause, which will allow an arrest warrant to issue. Most federal white collar criminal offenses are felonies, and thus require an indictment under the Constitution. For example, a complaint or an information can be filed much more quickly than an indictment can be obtained from a grand jury. The "verdict" is the decision of the jury or judge regarding the guilt of the defendant.
The reading of the verdict is done in open court and anyone from the public may attend. The defendant will be found either "guilty" or "not guilty" of the crime. If the defendant is found "not guilty" of all charges, the defendant will be set free. If the jury cannot reach a verdict called a "hung jury" , a mistrial will be declared and there may be a new trial. If the accused is found guilty, a date will be set for sentencing. On the sentencing date, the judge will consider a variety of information to formulate an appropriate punishment for the defendant. This information includes a probation department recommendation, if one is prepared, the circumstances of the crime, the defendant's background, the victim's statement and any argument or other evidence presented by the attorneys.
A victim who wishes to have input should send a letter to the probation department or the District Attorney's Office as soon a possible after the verdict, stating the victim's views on the case, any opinion regarding the appropriate sentence, and the monetary amount of any loss suffered with receipts if available. A victim should NOT wait to be contacted by the probation department or the court. At the sentencing hearing, the victim has an absolute right to speak to the judge about the appropriate punishment.
A judge may sentence a defendant convicted of a misdemeanor to time in the county jail and place him or her on probation for up to 3 years in most cases. On felony charges, the judge may sentence the defendant to a term in State Prison or place the defendant on a grant of probation for up to 5 years and time in the local county jail.
The judge can order the convicted individual to pay restitution to the victim of the crime for damages.
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The convicted individual may also be ordered by the judge to fully disclose his or her financial assets and ability to pay off court ordered restitution and fines. Probation is a court imposed sentence that places conditions on a convicted individual and releases that person into the community instead of sending them to jail or instead of sending them to jail for the entire length of their sentence.
If a defendant is placed on probation for either a misdemeanor or felony, certain conditions and restrictions will be placed on him or her. These may include fines, payment of restitution, a stay away order, drug or alcohol testing, and search and seizure clauses. The defendant may also be supervised by a probation officer. The parolee is subject to terms and conditions which, if they violate, can result in their being returned to prison.
Violation of Probation - If a defendant, who is placed on probation, violates any term or condition of probation, he or she can be arrested and punished by additional county jail time. Before punishment can be imposed upon probationer, however, the defendant has the right to a hearing to determine if the violation actually occurred. The burden of proof is much lower than a trial and the matter is tried before a judge instead of a jury.
Violation of Parole - If someone is charged with violating a condition of parole, the parole agent can initiate the process to have the parole revoked. A warrant for the arrest of the parolee will be issued and the California Department of Correction's Parole Agent will complete the administrative steps necessary to have the parolee returned to prison for the violation.
How do I? District Attorney District Attorney Home. Filing Of Charges The criminal process starts with the filing of a criminal complaint which is the document that lists the charges against the defendant. Arraignment The first court appearance is called an arraignment. Preliminary Hearing Following the initial arraignment on a felony criminal complaint, a defendant has the right to a preliminary examination or hearing. Grand Jury Indictment The Grand Jury process is an alternative in felony cases to issuing a complaint and conducting a preliminary hearing.
Jury Trial All defendants charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt. Motions Motions are formal requests by either the prosecution or the defense for a judge to hear and decide a disputed issue. Discovery The pre-trial procedure by which evidence and information is provided to the defense by the prosecution is called "discovery".