A Federal criminal case will begin either with a criminal complaint or indictment.

A criminal complaint is prepared by the U.S. Attorney’s office in cooperation with the law enforcement agency investigating the case. It is presented to a Federal Magistrate Judge who will decide if there was a crime committed and if the person who has been charged is likely to have committed it.

It then has 30 days to proceed through a Grand Jury for an indictment to enable it to move forward. In rare cases, the federal prosecutor may choose to offer participation in a pretrial diversion program instead of proceeding with formal charges.

An indictment, or a formal written charge, may be handed up by a Grand Jury that has already decided that there is reasonable cause to believe that a crime was committed by the person charged. The indictment is then presented to the court, and it moves forward.

Lebedin Kofman LLP has a team of attorneys who will work hard to provide the best legal advice to those who are facing criminal charges. Handling criminal charges on your can be very complicated and tough. Facing a grand jury can be scary. You do not have to face the justice system alone. Hiring a skilled NYC federal criminal lawyer should be the first step.

Call us today at (646) 663-4430 to schedule a consultation with an experienced federal attorney.

During the pretrial phase, bail will be set if appropriate. 

Before a bail hearing, a member of the Pretrial Services Office will interview the accused to get personal information such as family, employment, finances, and any information regarding prior convictions and make a recommendation regarding bail. 

Everything said will go into the bail report for the court to consider and will be confirmed. If the court believes that bail is appropriate, it will set restrictions while the case is pending. A defendant must obey all conditions of the bail, otherwise, it may be revoked and additional charges can be brought based on the violation of conditions.

Once a case proceeds beyond indictment or information, the next phase will be the arraignment. At this time, the accused will be advised of the formal charge and asked whether they plead guilty or not guilty. Most individuals plead not guilty, and a trial proceeds. In some cases, the defense may decide to file pretrial motions. A judge will decide whether the motions have merit or not, and the accused will plead depending on the outcome.

Generally, within 70 days of an indictment, a case will proceed to trial. Before trial, the defense and prosecution will go through the discovery phase where pertinent information is shared between parties.

Both the defense and the prosecution will exchange evidence relevant to the case. Depending on the nature of the case, this may include any witness statements, investigator reports, forensic reports, or other documents or records that may be useful in preparation for trial. Sharing evidence in discovery prevents surprises during the trial and also increases the odds of a potential plea bargain.

Lebedin Kofman LLP’s federal criminal lawyer Russ Kofman is experienced in dealing with criminal cases in New York City. He may be able to create the best defense strategy for your case. Call us today at (646) 663-4430 to speak with a skilled lawyer.

From this point forward until a verdict is rendered, there is the availability for plea bargaining or negotiation between the prosecution and defense. 

Because of the unpredictability of a federal trial, approximately 96 percent of criminal cases are resolved through negotiated pleas. Most pleas allow both the prosecution and defense some leverage and control over the results. If both sides agree upon a plea, a Plea Agreement will be drafted setting out the terms of the plea and which charges will result in a guilty plea, and which charges will be dismissed. 

While many defendants often choose a plea deal instead of the uncertainty of a trial, they should also be aware that they give up some important legal rights and will still be saddled with a criminal conviction, despite a potential lesser one. The defendant must understand all possible consequences, including the collateral consequences of any criminal conviction.

After a plea or verdict, the next step is sentencing. 

Unlike cases at the state level, sentencing differs at the federal level. Although still being bound to mandatory limits and imprisonment terms, federal judges have a great deal of discretion when sentencing a defendant. Often, a defendant will be making the decision to plead guilty or go to trial with only a broad idea of what their sentence may be. It is essential for the defense attorney to know and understand the mindset of the prosecution and judge when guiding a client is considering a plea deal or advising them to go to trial.