A criminal case begins when the government files charges against a person with a federal district court. Generally, federal prosecutors handle criminal cases in coordination with law enforcement agencies. The United States Attorney is the prosecutor, and the grand jury acts as an oversight body. If the government doesn’t have sufficient evidence, it won’t file a charge.
If the prosecution does file a criminal charge, the next step is arraignment in district court. At this proceeding, the judge advises the defendant of his or her rights and procedures the court will follow from that point forward. Defendants will be asked to enter a plea. If the case is a felony, bond may be set at this time. Defendants who cannot afford an attorney are given assigned counsel at the initial appearance through a sworn financial affidavit.
After a trial, the judge will hold a sentencing hearing. During this proceedings, the judge will review a pre-sentence report, and listen to arguments by the prosecutor and defense attorney about aggravating and mitigating factors that should be considered. Generally, if the defendant is found guilty, he or she will remain in custody until a sentencing date is set.
In some very limited circumstances, there may be grounds for attacking a conviction even after a final sentence is issued by the court. This can include arguing that the lower court made a significant legal error, but it’s very difficult to get charges dismissed after a conviction. That’s why it’s important to give your criminal defense lawyer every piece of information about your situation and your past.