Federal Court Procedures

Court of Appeals - The Circuit Court

• Federal courts of appeals review the procedures and the decisions in the district courts, also known as trial courts, to make sure that the proceedings were fair and that the law was applied correctly. 

• Similar to the Supreme Court, Judges are nominated by the president, Senate-confirmed, and serve lifetime appointments. Judges decide by majority Vote

• Only 12/13, 11 Circuit courts within its geographic boundaries plus D.C. Circuit. The 13th is the Supreme Court of Appeals

Appellate Jurisdiction 

• No witness presented 

• No Evidence presented 

• Alleges error or review  in lower court

United States District Court 

• Composed of a total of 94 different geographic divisions 

• Judges are presidentially nominated, senate-confirmed, and appointed to their positions for life 

• Are the only federal courts with the power to conduct criminal trials in felony cases 

• Must also conduct criminal trials in Class A Misdemeanor cases where a defendant refuses to consent to trial before a federal magistrate judge 

• Original Jurisdiction to conduct pretrial proceedings and trials, hear live testimony from witnesses and admit documents, records, and other evidence into court records in criminal prosecutions

United States Magistrate Courts 

• All U.S. District courts have this type of court who work underneath them 

• Are appointed by the district court judges in the judicial district where they sit for 4 or 8 year terms. The term is renewable as long as District judges remain satisfied with the their performance 

• May try Class A misdemeanors with the defendants consent 

• Have the power to try petty offenses, Class B and C misdemeanors, and infractions that take place in the district, regardless of whether the defendant's consent   

• Do not have the power to conduct felony trials 

• MOST Federal LEO should expect the overwhelming majority of their federal court business to occur here 

• Can routinely conduct pretrial proceedings and hearings in prosecutions of the entire range of federal criminal offenses 

• Can issue criminal complaints and arrest warrants, issuing search warrants,  and presiding over initial appearance, preliminary hearings, identity hearings, removal proceedings, detention hearings,  and evidentiary hearings on motion to suppress evidence

Felony 

• Death 

• Imprisonment for more than 1 year 

• District Court

Class A misdemeanor 

• More than 6 months but 1 year or less

• District Court 

• Or with waiver Consent of Defendant than Magistrate Court

Class B misdemeanor

• More than 30 days but 6 months or less

• Magistrate Court

Class C misdemeanor

• More than 5 days but 30 days or less 

• Magistrate Court

Petty Offenses 

• Imprisonment of 6 months of less 

• Class B or C misdemeanor

• Infractions 

*NO Felonies or Class A misdemeanor

Infraction

• 5 days or less or No Imprisonment

• Magistrate Court

Charging Documents 

• Are the tools that the government uses to transform a LEO’s criminal investigation into a full-fledged, in-court criminal prosecution where a defendant must appear and answer charges 

4 charging documents 

• A violation Notice (Citation) 

• Criminal Complaint 

• Criminal information 

• Criminal Indictment

Criminal Complaint 

• LEO’s are responsible for preparing it

• Only valid for 30 days 

• A defendant charged by it gets a premature discovery, with the written statement outlining facts showing probable cause 

• Every defendant charged by this is entitled to a preliminary hearing unless criminal indictment or information is filed before the time the court schedule the hearing

Criminal information 

• A charging document that an Assistant U.S. Attorney is responsible for preparing and may, in non-felony cases, decide unilaterally to file with the court 

• Only contains a citation to the criminal statute or statues that the defendant violated, view words describing the crime, and a listing of elements that the gov. Must prove to convict the defendant.

• It may only charge a felony crime by this if the defendant waives their constitutional right to be charged by a grand jury’s indictment

Criminal indictment 

• Only a grand jury can approve of and file an indictment 

• May return this when 12 or more out of the 23 members find probable cause to believe the defendant committed the crime or the crimes that this describes

What are the two choices a government must make to ensure a defendant appears in court and answers to formal charges?

• Arrest Warrant 

• Summons

When do arrest warrants or summons become available?

They become available upon request once a judge signs a criminal complaint, an Assistant U.S. Attorney files a criminal information, or a grand jury returns an indictment

Arrest Warrant 

• Is a command that a court issues to authorized LEOs to arrest a particular person and bring them to an initial appearance without unnecessary delay. 

Summons 

• Is a command that a federal court issues to a defendant who has been formally charged with a crime by complaint, information, or indictment. Commands the defendant to appear before the court to a stated time and place to answer the formal charges.

• Defendant who is subject to this is not Arrested, but instead, comes to court under their own power

How are summons served?

• U.S. Marshals and other Federal officers serve them 

• By personally delivering a copy to the defendant, if defendant cannot be found, it can be served by leaving a copy at the defendants residents with a suitable age and discretion who lives there 

• Or when not personally served then it can also be mailed

After an arrest before the initial appearance, what steps must the officer do to secure and prepare the defendant for processing by the court

• A search incident to arrest

• Booking procedures (fingerprints, photographing, preparing various forms)

• transporting the defendant to federally approved detention facility

• A possible inventory of impounded property

• Notifying the Pretrial services Office of the arrest and the location of the defendant

More on Immediately after arrest

• Suspect must be taken to an initial appearance BEFORE a Magistrate judge without unnecessary delay

• Proper Miranda warnings must be given

• There is a 6 hour “safe zone” Any voluntary statements made during the first 6 hours after arrest are admissible in court, even if the person hasn’t yet had their initial court appearance. After delay, statements will not be automatically suppressed but courts will assess whether any delay is reasonable and necessary

48 hour rule

• Maximum amount of time to get defendant before a judge

What is the primary purpose of the intial appearance?

• To inform the defendant of the charges for which the arrest was made and the procedural rights in the upcoming trial

• Pre-trial release(bail) may also be considered at this time

Bail release Factors

• Seriousness of the crime

• Strength of government case

• Defendant’s criminal history

• Danger to the community

• Flight risk

• Contacts with the community

Pretrial Services

• U.S pretrial officer collects information from the defendant and other sources

• AND then recommends to the judge whether a defendant should be detained or release

• The prepared report is confidential, May be released to AUSA but will NOT be given a copy to LE

Judge’s Option at the

initial appearance

• Release the defendant on his own recognition

• Release the defendant on condition or conditions that may include bail

• Conduct a detention hearing if the attorneys for both sides are prepared to process

• Temporarily detain the defendant until the detection hearing can be held

Bail Jumping

• If the defendant does not return to court, the bond can be revoked

• The defendant can be charged with bail jumping

• Bail jumping carries an additional 4 years

Diplomats

Are representative’s of foreign countries who work in the United States in behalf of the government of that foreign country

Diplomatic immunity

• Is based in international law and treaties that the United States has made with other nations

• A person with this is not subject to the Jurisdiction of the U.S. Court or other authorities; for either official or personal activities

• ,May not be arrested or prosecuted for any offense no matter how serious

What to do when someone claims Diplomatic Immunity

You verify the status by

• Inform the suspect they will be detained until their identity and diplomatic status has been verified

• Officers Should verify the claimed status of every person by calling the Department of State at the Diplomatic Security Command Center

What to do after Verifying a Diplomatic status and positive?

• Do not arrest

• Investigate and prepare a report

• Do not use handcuffs or search or frisk

• Can stop and cite diplomats for moving traffic violation but it will get thrown out in court.

Officers should not arrest diplomats no matter the circumstances. No matter DUI or Domestic Violence, DO NOT arrest

Members of congress Privilege from arrest

• while Congress is in session or

• While attending or going to and from sessions of congress

When can members of Congress be arrest?

• For a Felony or

• Breach of the peace (is an offense that involves violence)

Juvenile

• A person who is under the age of 18

Juvenile upon arrest

• Immediately advise Miranda rights

• Immediately notify the Assistant U.S. Attorney

• Immediately notify parent or guardian and read Miranda warnings to the parent or guardian

• Take Juvenile forthwith(requires more speed than without unnecessary delay) before a U.S. Magistrate judge

• Do not make media release(pic, name, crime details)

Foreign Nationals

• Person who is not a U.S. Citizen

Foreign Nationals upon arrest or detention

• Foreign Nationals in custody must be told of their right of consular notifications and access

• Determine if arrestee’s country is on the mandatory list of notifications

True or false: After telling foreign national of their right of consular notifications and access, In most cases, they have the option to decide whether to have a consular representatives notified of the arrest or detention.

True

What must happens if the detained foreign national of the country is not on the mandatory notification list?

“Basic Rule” applies: the officer must inform the foreign national without delay.

If the detainee requests notification, notification must be given without delay.

Mandatory Notification (Special Rule)

• The foreign national’s consular officials must be notified of an arrest and/or detention regardless of the Foreign national’s wishes

• Must be made without delay