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California Lawyers Defending Against Criminal Charges
Resolving Criminal Charges in Federal Court: The Steps in the Process
Federal court can be an intimidating place for the accused. The attorneys at the Law Office of John R. Fielding, Jr. & Associates possess valuable experience in federal court. We inform and educate our clients about the steps in the legal process so they know what to expect. Our lawyers believe that when people understand the federal legal system, they are better able to make intelligent choices about their futures.
To that end, we offer the following brief description of what will happen to you should you be arrested for a federal crime.
Your First Appearances
After arrest you will undergo the booking procedure. It is at this point that we urge you to contact our office to seek advice and representation.
After the booking process, you will be brought before a magistrate for arraignment on a complaint and for the setting of bail. A magistrate is a judge who serves at the pleasure of the District Court judges. In some cases the prosecution may request detention. This means the government is seeking to hold a defendant in custody without bail until the case is resolved. A contested detention hearing is scheduled before the magistrate and a decision rendered. If bail is denied, the magistrate's decision may be appealed to a District Court judge for review and possible reversal. A District Court judge is appointed by the President of the United States for life.
Subsequent Federal Hearings
In most cases, following your first appearance, the prosecution will present the facts of your case to a grand jury and request they return an indictment against you. Once an indictment has been returned, you will again be arraigned. The best outcome for any defendant is a dismissal of all charges. At The Law Office of John R. Fielding, Jr. & Associates, we are always working to achieve this goal. Sometimes, however, cases are best resolved with a plea bargain to a less serious charge. At our office, we examine all potential defenses, prepare the case for trial, and consider all settlement offers made by the United States Attorney. We discuss all settlement offers with our clients and offer advice based on our assessment of our clients' best interests.
If the case remains unresolved, it goes to trial. If you plead guilty or are convicted at trial, a sentencing date is set. On that date, we explore all factors that support a sentence that is less than the federal sentencing guidelines (called "downward departures") and we present a Sentencing Memorandum, explaining why you deserve a lenient sentence.
Call Toll Free: 888-893-3847 for a Free Initial Consultation
To learn more about how criminal charges are resolved and to discuss the specifics of your case, please contact the Law Office of John R. Fielding, Jr. & Associates in downtown San Diego.
