RAW DATA: The Judicial Process in Federal Criminal Cases

The following is an outline of the judicial process for a federal criminal case:

• After a suspect is arrested, a grand jury reviews evidence to determine if it is sufficient to require a trial.
• At an initial appearance, a judge informs the defendant of the charges filed, considers whether the defendant should be held in jail until trial and determines whether there is probable cause that the defendant has committed an offense.
• Defendants unable to afford counsel can use a court-appointed attorney paid from funds appropriated by Congress.
• The judge sets bail and defendants released may be subject to home confinement or drug testing.
• At an arraignment, the defendant enters a plea. A defendant may strike a plea bargain, which allows the defendant to plead guilty in return for the government agreeing to drop certain charges or to recommend a lenient sentence. 

If the defendant pleads not guilty, the judge will schedule a trial.

• In a criminal trial, the burden of proof is on the government and defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt.
• If the defendant is found not guilty, the defendant is released and the government may not appeal nor can the person be charged again with the same crime in a federal court. If the defendant is found guilty, the judge determines the defendant's sentence according to federal sentencing guidelines.