You will come to the federal court either by a summons or in the custody of federal law enforcement agents. The charges against you will be written in a criminal complaint or indictment accompanied by an affidavit that summarizes the evidence against you.
There are no District Attorney's or "DAs" in federal court. The prosecutor appearing for the government is called an "Assistant United States Attorney" or "AUSA."
If you are seeking the assistance of a Deputy Federal Public Defender at the court’s expense, you must first complete a financial affidavit of your income and expenses to submit under penalty of perjury to a United States Magistrate Judge. The magistrate judge will determine whether you have sufficient assets to hire your own counsel. If the judge determines you cannot afford the fees that a private attorney would charge in a case like yours, the judge will appoint an attorney to represent you. If you have sufficient funds, the judge may continue your case for a reasonable time so that you can find and retain your own attorney.
Your first two or three appearances will be in front of a federal magistrate judge, but ultimately your case will be heard by a federal district court judge. The magistrate judge will advise you of the charges against you, explain your rights, and tell you the longest amount of prison time that a defendant found guilty of your charge could possibly receive. This sentence is called the “statutory maximum,” and it is rarely the actual sentence that is given.
The magistrate will then turn to the issue of pretrial release or bail. You will be remanded to the custody of the U.S. Marshals Service at the conclusion of their first hearing unless you are released.
