|
WILL I BE RELEASED ON BOND?
There is no absolute right to a bond
in Federal Court. A law called the Bail Reform Act
provides that under certain conditions the Court can
detain without bond a person accused of a crime. A
lawyer can request that the court set a bond in
non-capital cases.
HOW DO I FILE A CRIMINAL CASE?
Individuals may not file criminal
charges in federal courts. A criminal proceeding is
initiated by the federal government, usually through the
U.S. Attorney's office in coordination with a law
enforcement agency. Allegations of criminal behavior
should be brought to the attention of the police, FBI,
or other appropriate law enforcement agency.
HOW CAN I CHECK THE STATUS OF A
PARTICULAR CASE?
The clerk's office responds to most
inquiries on the status of a case free of charge. There
is a fee to conduct certain searches and retrieve
certain information, and to make copies of court
documents. Most federal courts have automated systems
that allow for the search and retrieval of case-related
information at the public counters in the courthouse,
and electronically from many other locations. Court
dockets and opinions are also available on the internet.
Consult your specific court clerk for more information.
HOW QUICKLY DOES A COURT REACH A
DECISION IN A PARTICULAR CASE?
All cases are handled as expeditiously
as possible. The Speedy Trial Act of 1974 establishes
time requirements for the prosecution and disposition of
criminal cases in district courts. As a result, federal
courts must give priority to the scheduling of criminal
cases in district courts. The Act normally allows only
70 days from a defendant's arrest to the beginning of
the trial.
WHAT ARE SOME OF MY IMPORTANT
RIGHTS IN FEDERAL COURT? PROBATION?
You have a right to refuse to make any
statements. If you have a lawyer, never make a statement
to anybody without talking to your lawyer first.
I AM CHARGED WITH A DRUG OFFENSE
IN FEDERAL COURT WHAT ARE THE PENALTIES FOR DRUG CASES
IN FEDERAL COURT?
The penalties can be severe. Most drug
cases involve not only the sentencing guidelines, which
are quite harsh in drug cases, but also involve various
mandatory minimum sentences, which are dependent upon
the amount of drugs involved.
SHOULD I ACCEPT A PLEA BARGAIN OR
GO TO TRIAL?
In deciding whether to accept the plea
bargain, the two most important things is to make sure
you understand all the consequences of the plea bargain
and to make sure you have confidence that your lawyer is
doing everything possible to represent you.
SHOULD I HAVE A LAWYER PRESENT
AT MY PRESENTENCE INVESTIGATION?
Yes. The probation officer will do the
preliminary calculation of your sentencing guidelines
and, therefore, will have a great deal of influence on
your ultimate sentence
WHAT CAN I DO IF I LOST MY TRIAL OR
PLEADED GUILTY IN FEDERAL COURT?
Following a trial or plea, you may
appeal your case to the United States Court of Appeals
provided you file a Notice of Appeal within ten days of
the judgment. Also, be sure that as part of a plea
agreement, you did not waive your right to appeal.
WILL I SERVE MY WHOLE SENTENCE IN A
FEDERAL CASE?
Parole has been abolished in the
federal system. |
