FAQ CATEGORY - UNDERSTANDING MY FEDERAL CASE - INITIAL COURT APPEARANCES & ARRAIGNMENT
What happens at my initial hearing in federal court?

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.

What is a detention hearing?

The detention hearing is a proceeding in federal court where a federal magistrate judge decides whether or not to release a defendant on bond to await the trial.

What is arraignment?

An arraignment is a court proceeding in which a defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.

How soon after my initial appearance will I be arraigned?

If you are in custody, you are entitled to a preliminary hearing or arraignment within 10 days of your initial appearance.  If your initial appearance resulted in your release from custody, you are entitled to a preliminary hearing or arraignment within 20 days. See Fed. R. Crim. Pro. 5.1.  The Central District of California has federal grand juries available at all times, so you will likely have an arraignment hearing instead of having a preliminary hearing.

What is an indictment?

An indictment is a formal charging document that contains all of the crimes the federal government has charged you with.  An indictment is reviewed by a grand jury in a grand jury proceeding.  If there is sufficient evidence to force you to face those charges, the grand jury will “sign off” or “return” the indictment.  There can be many indictments brought in one case.  The later indictments are called “superceding indictments.”

How long will my federal case take?

Under the Speedy Trial Act, 18 USC § 3161 et seq, a case is supposed to proceed to trial within 70 days of arraignment on an indictment or information. Some felony cases resolve very quickly, within a month or two from the first appearance.  Most felony cases, however, take much longer. Complicated conspiracy and fraud cases, for example, can often take much longer. Delays can come from the need to review discovery, interview witnesses, bring and argue motions, negotiate plea agreements, and prepare for trial.  The average felony case in the Central District takes one year from the arraignment to sentencing. Your attorney will discuss the timing of your case with you and explain why any delays or continuances might be necessary in your case.