Any criminal case, whether federal or state, starts with an investigation to determine whether someone committed a crime. In federal court, federal law enforcement agencies like the FBI, DEA, ATF, HSI, ICE, and IRS are proactively enforcing federal laws and build criminal cases against people.

Federal agents, meet with prosecuting attorneys for the federal government, called Assistant United States Attorneys. The Assistant United States Attorneys are the people who prosecute a case in federal court.

When a federal agent charges a person with a crime, they do so by filing a criminal complaint with the United States District Court. The complaint informs the person what they've been charged with. Depending on the type of crime, a person may be arrested and involuntarily brought to court. In other circumstances, they may be able to voluntarily come to court and answer the charges.

After a federal agent arrests a person for a federal crime, they must bring that person to the United States District Court for an Initial Appearance. It is scheduled "without unnecessary delay," usually the same day as the arrest. The Initial Appearance is not the time to plead "not guilty." Rather, the judicial officer, usually a magistrate judge, informs the person of their rights, advises them of the charges and possible penalties, and determines whether they should be released or detained pending further proceedings. Whether a person is released or detained at this stage largely depends on the type of crime involved, the nature and circumstances of the crime, the person's criminal history, and the person's record of attending or not attending court proceedings in the past.

After a person's initial appearance, a detention hearing may be held. The detention hearing determine whether a person will be released or detained while the case is pending. The Assistant United States Attorney handling the case has great discretion to ask the magistrate judge to detain a person while a case is pending. Whether someone is detained depends on the type of crime charged. A detention hearing will be scheudled soon after the initial appearance. At the detention hearing, the sole issue is whether the person should be released or detained. The magistrate judge weighs many factors, but most important considerations are whether there are conditions will reasonably assure (1) the appearance of the person at future court date and (2) the safety of any other person and the community.

Although a person can be charged with a federal crime by a federal agent filing a criminal complaint, the United States Constitution requires more. In fact, the Fifth Amendment to the United States Constitution states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury." This means that the federal government must convene a grand jury, and persuade them to issue an indictment against the person accused of committing a crime.

The purpose of the preiiminary hearing is to determine whether there is enough evidence for the case to proceed the grand jury.

Unlike a trial jury, which determines whether a person is guilty or not guilty, a grand jury determine whether there is enough evidence to charge a person with a criminal offense. Grand juries return an indictment against a person if there is probable cause to believe that the person committed a federal criminal offense. Probable cause means more likely than not.

In federal court, grand juries are comprised of 16-23 people. At least 12 grand jurors must agree that a crime was comitted. The crimes that the grand jury find are spelled out in the indictment, which is the official document that informs a person of the charges they are facing.

After a person is indicted by the grand jury, they must appear before a judge for arraignment. At arraignment, the judge advises the person of the charges in the indictment, as well as the possible penalties. Most importantly, the person charged enters a plea to charges in the indictment. Generally, a person may plead guilty or not guilty.

Unlike TV shows depicting lawyers, police, and courtroom drama, the majority of a criminal case occurs outside the courtroom. The pretrial stage is the biggest stage in a criminal case. During pretrial, the person charged receives discovery from the Government. Discovery is another word for evidence that might be used at trial. Discovery might consist of police reports and witness statements, but might also include more high-tech items like surveillance video, GPS tracking data, wiretap audio, physical evidence like DNA, and forensic evidence pulled from computers.

During pretrial, the person charged and their attorney carefully review the discovery to determine the strengths and weaknesses of the Government's case.

After receiving and reviewing discovery, a number of pretrial motions might be filed on behalf of the person charged. For example, if the discovery revealed that the person charged was pulled over in a traffic stop, but the reason for the traffic stop was not a valid one, there might be a basis to challenged the constitutionality of that traffic stop. A motion that challenges the constitutionality of law enforcement's conduct is known as a motion to suppress. The goal of a motion to suppress is prevent the Government from taking advantage of evidence stemming from unlawful law enforcment actions.

Unlike courtroom dramas on TV, most cases don't go to trial. According to the United States Sentencing Commission, only 2.8% of cases filed in federal court in 2023 went to trial. The other 97.2% of cases were resolved through plea agreements.

When a case does proceed to trial, a jury to 12 people will be seated, who will ultimately determine whether the Government can prove beyond a reasonable doubt each and every element of the offenses charged in the indictment. The person charged no burden of proof. At the end of the trial, the jury issues a verdict in which they must unanimously -- they must all agree -- that the person is not guilty or guilty.

The trial jury determines the facts of the case and the fate of the person charged. The judge oversees the proceedings and decides issues of law such as objections and what the jury does and does not get to consider.

If a person is found not guilty at trial, then they are discharged and released of any further obligation to the court. However, if a person is found guilty at trial, then the sentencing process begins. Sentencing is the process of determining the appropriate punishment for a person convicted of a crime.

The judge will order a probation officer to complete a Presentence Investigation Report (PSR). The PSR is one of the most important documents created in a case. In the PSR, the probation officer examines not only the offense conduct, but also calculates the person's sentencing range under the United States Sentencing Guidelines. The PSR also includes valuable information about the person's life: Their upbringing, family, health, employment, education, among other things. The judge will review the PSR and use it in determining an appropriate sentence.

The United States Sentencing Guidelines are unique to the federal system. The goal of these Guidelines is to impose similar sentences for similar offenders everywhere in the United States. The Guidelines are not binding on judges -- they are not mandatory, but advisory -- but judges are still requried to not only calculate the appropriate Guideline range, but also consider it among many other factors when sentencing a person.

Additionally, the attorney for person charged will prepare a Sentencing Memo, which advocates for or against a certain sentence. The Government will also have the opporutnity to prepare its own Sentencing Memo.

The judge will thoroughly review the Sentencing Memos and PSR at a sentencing hearing, which is the last and final hearing in a criminal case. At the end of the sentencing hearing, the judge will announce its sentence.

The form of punishment a judge imposes depends on the type of criminal offense. Some offenses give judges great discretion and leeway to sentence offenders. Other offense have mandatory minimum penalties, which tie a judge's hands and restricts their ability to deviate from that mandatory minimum range.

Types of punishment include:

• Prison

• Supervision (probation)

• House arrest

• Fine

• Restitution

After a person is sentenced by a judge, they may file a notice of appeal to continue challenging their case. The notice of appeal may be briefed and argued before an intermediary appellate court known as the United States Court of Appeals. The Court of Appeals that governs federal cases from Ohio is known as the United States Court of Appeals for the Sixth Circuit, based in Cincinnati, Ohio.

The grounds for appeal depend on whether a person was convicted after a trial or pled guilty before trial.