Federal Laws vs. State Laws When Someone is to be 5. Grand Jury The final decision to prosecute a federal criminal case rests with a grand Federal laws, or statutes, are created by the Charged with Committing a jury. A federal grand jury is comprised of United States Congress to safeguard the citizens Federal randomly selected citizens from across the of this country. Some criminal acts are federal Crime... judicial district. (This judicial district offenses only and must be prosecuted in Federal 3. Detention Hearing If the alleged offender is encompasses the entire State of Rhode Island.) District Court. Other criminal acts are offenses 1. Complaint and detained, a Detention Those selected to serve, or work, on the grand jury under both federal and state law; so, in those Arrest Warrant Hearing must be held do so for a few days each month for approximately cases, federal and state prosecutors must Law enforcement within three working one year, after which a new grand jury is selected decide if the offender should be tried in Federal obtains a Warrant days. The time frame may by the Federal District Court. Each grand jury is District Court or Rhode Island State Court. for Arrest of the be extended for good alleged offender. cause. At that hearing, made up of 23 people, 16 of whom must be present to conduct business. The warrant is based on a Complaint or an the Magistrate Judge listens to evidence about Indictment (see below) filed with the Federal District Court. An Affidavit, signed by a law the accused's risk of enforcement officer, usually accompanies the flight and/or danger to the community. The Complaint. The Affidavit explains the crime Magistrate Judge then considers the committed as well as the alleged role of the information and determines if the accused accused in that crime. In other words, the Affidavit should be detained or may be released pending is used to establish trial. probable cause that the 4. Preliminary Hearing Within ten days of accused committed the arrest on a Complaint, the accused has the right to crime. a Preliminary Hearing, during which an Assistant U.S. Attorney may 6. Indictment Sought Instead of filing a 2. Initial Appearance offer testimony to Complaint, or after filing a Complaint, Assistant Felony or Misdemeanor As soon as practicable establish probable U.S. Attorneys appear before the grand jury to after arrest, the alleged Criminal acts fall into two categories: felonies cause, and the establish probable cause that a particular person offender must be granted an Initial Appearance and misdemeanors. Felonies are offenses defense attorney may committed a federal felony. They do this by before a Magistrate Judge. The Magistrate Judge that may result in prison sentences of more provide witness calling witnesses and presenting evidence advises the accused of his or her rights and than one year, while misdemeanors carry evidence on behalf of gathered by law enforcement officers or sentences of one year or less. The United States determines if he or she has the financial ability to the accused. If the obtained with Grand Jury Subpoenas. Congress sets the penalties for all federal hire an attorney or if a public defender must be Magistrate Judge Defense attorneys are not allowed to appear criminal acts. Thus, Congress decides which appointed. The Magistrate Judge also sets release overseeing the hearing finds sufficient probable before the grand jury; the accused does not need criminal acts are felonies and which ones are conditions, including any bond. At the same time, a cause as to the commission of the crime as well as to testify before the grand jury; and the work of misdemeanors. The State legislature makes federal prosecutor, known as an Assistant United the accused's role in it, the accused is bound over the grand jury is to be kept secret. those determinations for criminal acts that States Attorney, may ask that the defendant be for further proceedings by a grand jury. Note - if violate state law. detained. the grand jury returns an Indictment against an alleged offender before arrest is made, a Preliminary Hearing is not necessary. Court. 9. Plea Agreement Defendants are presumed innocent until they admit guilt or are proven guilty. If a defendant pleads not guilty, a trial takes place unless a Plea Agreement can be reached between the Assistant U.S. Attorney If a grand jury 7. Indictment Returned and the defense attorney. In those instances, 12. Sentencing Approximately eight decides the evidence presented establishes the defendant must offer a change of plea before weeks after the entry of a guilty plea or a probable cause, it issues an Indictment a Federal District Court Judge, who needs to finding of guilt at trial, the Federal District against the accused. At least 12 jurors must approve of the terms of the Plea Agreement. Court Judge imposes sentence. The sentence vote to indict. The Indictment is called a True may include incarceration in a federal prison; Bill. If the grand jury does not find sufficient a term of supervised release, formerly probable cause, it returns a No Bill. In a called probation; the imposition of a misdemeanor case, or in a felony case where the monetary fine; and/or an Order of accused has waived indictment and has agreed, Restitution directing the defendant to pay instead, to plead guilty, the matter us not to crime victims money lost or expenses presented to the grand jury. In those incurred due to the offense. instances, an Information, which is a 10. Trial A trial may be heard before a jury of document outlining probable cause, is filed citizens selected at random from across the 13. Appeal The defendant may appeal with the Federal District Court. judicial district and overseen by a Federal District either the finding of guilt or the sentence or Court Judge. At trial, the Assistant U.S. Attorney both. To do so, he or she must file with the 8. Arraignment Within ten days from the time must— and the defense attorneys may—call sentencing court a Notice of Appeal within an Indictment or Information has been filed and an witnesses and present evidence. (The ten days from the sentencing, or arrest has been government has the burden of proving the Judgment, date. Note, if the defendant pled made, an elements of the offense beyond a reasonable guilty, generally only the sentence may be Arraignment must doubt.) Afterwards, the jury must unanimously appealed. Also, sometimes, the defendant take place before a decide the verdict. If the defendant is found not gives up, or waives, the right to appeal in the Magistrate Judge. guilty, he or she is released. If he or she is Plea Agreement. During an convicted, however, the pre-sentencing process arraignment, the United States Attorney begins. A defendant may choose to have a judge accused, now called United States Attorney's Office Peter F. Neronha hear the case without a jury and rule on their the defendant, is District of Rhode Island guilt or innocence. read the charges 50 Kennedy Plaza, 8th Floor United States Attorney's Office against him or her and advised of his or her rights. 11. Pre-Sentencing After the entry of a guilty Providence, Rhode Island 02903 District of Rhode Island The defendant also enters a plea of guilty or not plea or a finding of guilt at trial, the Federal th guilty. A trial date may be selected and a schedule Probation Office collects information about the Phone: (401) 709-5000 50 Kennedy Plaza, 8 Floor set for motion hearings, which may include in-court defendant and crime victims and supplies that Fax: (401) 709-5001 Providence, Rhode Island 02903 arguments as to suppression of evidence, etc. Note, information, along with a recommendation for the Federal Speedy Trial Act dictates that the sentence, to the Federal District Court Judge www.justice.gov/usao/ri/ Phone: (401) 709-5000 defendant has the right to trial within 70 days from as part of a Pre-Sentence Investigation Report. Fax: (401) 709-5001 his or her initial appearance in Federal District