A Federal Criminal Case Timeline

Initial Appearance:

Felony defendants are usually brought to federal court in the custody of federal agents. If a defendant has not yet been indicted, the charges against the defendant will be brought in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant.

At the first appearance, the defendant appears before a federal magistrate. This magistrate judge will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge for trial and a specific magistrate judge for pretrial motions. The prosecutor appearing for the government is called an "Assistant United States Attorney," or "AUSA." There are no District Attorney's or "DAs" in federal court. The defense attorney is often called the federal defender or panel attorney.

When a defendant first appears before the magistrate for initial appearance, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if he or she can afford counsel.

If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate, and, if the defendant qualifies, a federal defender or CJA panel attorney is appointed. The affidavit is submitted under the penalty of perjury, and must be complete and truthful.

After counsel is appointed, the magistrate informs the defendant of the charges against him or her. If there is already an indictment, the magistrate may go forward with arraignment. (See below.)

The magistrate then turns to the issue of release, or bail.

Bail:

The magistrate will ask the government for its position on bond. If the government wants the defendant detained (or kept in jail without bond), the prosecutor will move for “detention” at the initial appearance. This is usually done in writing. Bail, bond or pretrial release in federal court is controlled by the Bail Reform Act, 18 USC § 3141 et seq.