Federal Criminal Process Overview

Each step in the federal criminal process is important and requires a defense attorney knowledgeable in federal criminal law so that you receive the most effective and aggressive representation possible. The criminal defense attorneys at Wessel, Lehker & Welsh Inc. will explain to you every step in the process, from arraignment to appeal, and advocate for you every step of the way. If you received a Target Letter or have been charged in federal court, contact us to review your case at lawyers@wlw-law.com or 608/256-1480.

Indictment/Information

Federal prosecutors present evidence to the grand jury, who determines if sufficient evidence has been presented to charge an individual with the commission of a crime or crimes. If the grand jury determines that sufficient evidence has been presented, it returns the Indictment with the words “a true bill.”

The Indictment sets forth the offenses an individual is charged with having allegedly committed.

Summons or Arrest Warrant

Once the Indictment or Information is unsealed, it has to get to the person accused. This is done either by summons or arrest warrant. If you receive your Indictment or Information by summons, you will be notified of your Initial Appearance date. If you receive a summons to appear in federal court to answer alleged criminal charges, contact us right away. We can help you with our experience in federal criminal court and our devotion to your individual case.

Receiving your Indictment with an arrest warrant is most unpleasant–you will not know it until the authorities arrive at your home or work to immediately arrest you. You will be detained until your Initial Appearance before the Federal Magistrate Judge, which must be held “without unnecessary delay.” If you, a family member or friend has been arrested, please contact us to discuss your options.

Initial Appearance, Detention Hearing

At the initial appearance, the person charged is now the “defendant.” The Magistrate Judge will inform the defendant of the charges against him or her. The judge will also advise the defendant of many important rights, including the right to have a preliminary hearing. Preliminary hearings are not held in federal criminal cases when a person has been indicted or when a person is charged with a misdemeanor by Information.

The Magistrate Judge will discuss the issue of detention of the defendant in jail pending trial of the case. A defendant is entitled to a detention hearing immediately, or in the Western District of Wisconsin, can reserve his or her right to have a later detention hearing so that defense counsel can formulate a release plan. If a detention hearing is requested, the defendant will be interviewed by U.S. Probation and Pre-trial Services, who will then write a recommendation to the Magistrate Judge as to whether pre-trial detention or release is appropriate.

Arraignment

The arraignment is the formal presentation of the federal criminal charges. The Magistrate Judge will ensure that the defendant received a copy of the Indictment or Information. This will also be the defendant’s opportunity to enter a plea to the charges against him or her. In the Western District of Wisconsin, the Magistrate Judge will also set the schedule for the case, including deadlines for discovery and filing motions, pretrial hearing dates and trial dates. The time between the arraignment and trial is normally relatively short in the Western District of Wisconsin.

Discovery & Motions

Police reports and other investigative materials must be provided to your criminal defense attorney by the deadline set by the court. After review of this information and discussing it with you, the criminal defense attorneys at Wessel, Lehker & Welsh Inc. will provide you with an assessment of the charges against you, possible defenses, seek to have the charges dismissed if possible, move the court to have evidence suppressed if it should be, and explain your options to you.

Plea Negotiation vs. Trial Preparation

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FOR YOUR CRIMINAL DEFENSE
WESSEL, LEHKER & WELSH INC.
Lawyers@wlw-law.com
608/256-1480