criminallaw.wikiThe sourced reference on US criminal law

The criminal process step by step

From criminallaw.wiki, the sourced reference on US criminal law
General information, not legal advice. Criminal laws differ by state and change often. For advice about a specific situation, talk to a licensed criminal defense lawyer or a public defender. See the legal disclaimer.

Law checked as of · Written by the criminallaw.wiki editorial team

Key facts: The federal criminal process runs from investigation and charging through initial hearing, discovery, pretrial motions, trial, sentencing, and appeal, and each state has its own similar but distinct set of rules.[1]

A criminal case in the United States generally moves through a series of stages, from investigation and arrest through charging, pretrial proceedings, trial or plea, sentencing, and possible appeal.[1]Each state has its own court system and rules, and the federal system follows its own separate process, so the exact path a case takes can vary.[1]

Overview

Steps in the federal criminal process1. Investigation2. Charging3. Initial hearing /arraignment4. Discovery5. Plea bargaining6. Preliminaryhearing7. Pretrial motions8. Trial9. Post-trial motions10. Sentencing11. Appeal
The steps in a federal criminal case in the order the U.S. Department of Justice lists them. Many cases end early with a guilty plea, and state procedures vary. Diagram: criminallaw.wiki.[1]

The federal criminal process includes investigation, charging, an initial hearing or arraignment, discovery, plea bargaining, pretrial motions, trial, post-trial motions, sentencing, and appeal.[1]Each state has its own court system and set of rules for handling criminal cases, so procedures differ from one jurisdiction to another.[1]A defendant facing charges can review general information about the process, but should remember that the steps described here are not exhaustive and that some cases involve more or fewer stages.[1]Readers who are unsure where to start may wish to review Charged with a crime? Start here.

Investigation

Federal investigations are often carried out by agencies such as the Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Secret Service, and Homeland Security Investigations, which gather evidence and provide it to prosecutors.[5]The Fourth Amendment generally requires probable cause before police can search a person's home, clothing, car, or other property, and searches usually require a warrant issued by a neutral judge.[5]Arrests likewise require probable cause and often follow an arrest warrant, though police may arrest immediately if they witness a crime.[5]Prosecutors weigh both direct evidence, such as eyewitness testimony, and circumstantial evidence, which is based on inference rather than firsthand observation, before deciding whether to pursue a case.[5]More on the constitutional limits on searches appears at Fourth Amendment: searches and seizures.

Arrest and charging

After reviewing the evidence, a federal prosecutor decides whether to present the case to a grand jury, and for potential felony charges the grand jury hears witnesses and evidence before voting in secret on whether enough evidence exists to charge the person.[2]At least twelve of the roughly 16 to 23 grand jurors must agree before an indictment is issued.[2]The grand jury requirement for felony charges comes from the Constitution, though states are not required to use grand juries in the same way.[2]Once charged, a defendant may hire an attorney or, if indigent, may be represented by a public defender at no or minimal charge.[2]The location where a case is tried is called the venue, and federal cases are tried in one of the 94 United States District Courts.[2]More detail on this stage appears at Arrest and at Public defenders.

First appearance and bail

A defendant is typically brought before a magistrate judge for an initial hearing the same day or the day after arrest and charging.[6]At that hearing the defendant learns more about the charges and their rights, arrangements are made for an attorney, and the judge decides whether the defendant will be held or released before trial.[6]Before deciding on bail, the judge holds a hearing and considers facts such as how long the defendant has lived in the area, family ties, prior criminal record, any threats to witnesses, and the defendant's potential danger to the community.[6]A defendant who cannot post bail may be remanded into custody pending trial, and the defendant is also asked to enter a plea of guilty or not guilty.[6]Related topics appear at Bail and pretrial release, Arraignment, and Eighth Amendment: bail, fines and punishment.

Discovery and pretrial motions

Before trial, both the prosecutor and the defense attorney prepare by talking to witnesses, studying evidence, and developing a trial strategy.[7]Witnesses may be lay witnesses who describe what they saw, expert witnesses who testify about a specialty area, or character witnesses who describe the personality or reputation of someone involved in the case.[7]Prosecutors must give the defense copies of materials and evidence they intend to use at trial, a continuing process called discovery, and must also disclose exculpatory evidence that could show the defendant's innocence.[7]A failure to meet these discovery obligations can expose a prosecutor to sanctions or require a new trial.[7]Depending on the case, the process can also include a preliminary hearing and pretrial motions before the matter reaches trial.[8][9]

Plea bargaining

Plea bargaining is listed as one of the recognized steps in the federal criminal process, alongside charging, discovery, and trial.[1]Because rules on how and when a plea may be entered vary by jurisdiction, readers can find more detail at Plea bargaining.

Trial

At trial, the facts of a case are presented to a jury, which decides whether the defendant is guilty or not guilty, while the judge acts as an impartial referee who decides what evidence the jury may see.[3]In federal court, twelve jurors are selected at random from a jury pool, and both sides may question potential jurors and excuse a limited number without giving a reason.[3]The prosecutor gives an opening statement first because the government bears the burden of proving the defendant committed the crime, and the trial proceeds through direct examination, cross-examination, and redirect examination of witnesses.[3]After the government rests, the defense may present its own witnesses and evidence, though the defendant is never required to prove innocence.[3]The right to a jury and related trial protections are discussed at Sixth Amendment rights, and the trial process is covered in more detail at The criminal trial.

Sentencing

If a defendant is convicted, they typically return to court for sentencing some months later.[10]The judge considers statutory minimum and maximum punishments set by Congress, sentencing guidelines from the United States Sentencing Commission, a presentence report, and statements from victims, the defendant, and the lawyers, along with aggravating or mitigating factors such as prior offenses and expressions of regret.[10]The death penalty may only be imposed for capital offenses such as murder, treason, genocide, or the killing or kidnapping of certain federal officials, and a jury — not the judge alone — must decide whether to impose it.[10]The Supreme Court has held that imposing the death penalty on someone under 18 at the time of the crime, or on someone who is intellectually disabled, is "cruel and unusual punishment".[10]Also relevant are post-trial motions, including a motion for a new trial, a motion for judgment of acquittal, and a motion to vacate, set aside, or correct a sentence.[11]General information on this stage appears at Criminal sentencing.

Appeals and post-conviction review

A defendant who believes they were wrongly convicted, or that the sentence was too harsh, can appeal to the Circuit Court.[4]An appeal is not a new trial but an opportunity to raise specific errors that occurred at trial, such as an incorrect ruling on suppressing evidence or on the sentence imposed.[4]An appeals court may reverse a conviction, alter a sentence, or order a new trial.[4]After a circuit court decides an appeal, a defendant can try to appeal further to the United States Supreme Court, which is not required to hear every case and accepts only a small number each year.[4]A list of landmark decisions that have shaped these rules appears at Landmark Supreme Court criminal cases.

Entries in this section

Further entries planned for this section (not yet published):

Common questions

What are the stages of a criminal case?

In the federal system, the recognized stages are investigation, charging, an initial hearing or arraignment, discovery, plea bargaining, preliminary hearing, pretrial motions, trial, post-trial motions, sentencing, and appeal.[1]Not every case includes every step, and some cases involve more complexity than others.[1]

How long does a criminal case take?

The sources describe sentencing as occurring a few months after a guilty verdict, and note that trial preparation itself can take many weeks or months.[10][3]Beyond these general points, overall timing depends heavily on the facts of the case and is not addressed in detail here.

How do state and federal processes differ?

State cases are brought by prosecutors or district attorneys, while federal cases are brought by United States Attorneys, and federal judges are called district court judges while state judges use a range of titles.[1]Grand jury indictment is a requirement in federal felony cases unless waived, but not all states require grand juries.[1]Both state and federal governments can make the same act illegal, and a person can potentially be charged and convicted under both systems, with each jurisdiction setting its own punishments.[1]

Can someone be charged under both state and federal law for the same conduct?

Yes; states and the federal government each have their own criminal laws and penalties, and a defendant can be charged and convicted under both systems for the same conduct.[1]

What happens if a grand jury does not indict?

If a grand jury decides that the evidence does not support charges, no indictment comes from that grand jury.[2]

References

All sources retrieved November 2026.

  1. ^ a b c d e f g h i j k l m n o p q "Steps in the Federal Criminal Process". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  2. ^ a b c d e f g "Charging". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  3. ^ a b c d e f "Trial". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  4. ^ a b c d e "Appeal". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  5. ^ a b c d "Investigation". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  6. ^ a b c d "Initial Hearing / Arraignment". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  7. ^ a b c d "Discovery". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  8. ^ "Preliminary Hearing". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  9. ^ "Pre-Trial Motions". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  10. ^ a b c d e "Sentencing". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  11. ^ "Post-Trial Motions". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.