![]() ![]() Those selected to serve on the grand jury do so for a few days each month for approximately one year, after which a new grand jury is selected by the U.S. A federal grand jury is comprised of 23 randomly selected citizens from across the judicial district (This judicial district encompasses the entire State of Minnesota). Grand Jury - The final decision to prosecute a federal criminal case rests with a grand jury. Note, if the grand jury returns an Indictment against an alleged offender before arrest is made, a Preliminary Hearing is not necessary.ĥ. If the Magistrate Judge overseeing the hearing finds sufficient probable cause as to the commission of the crime as well as the accused's role in it, the accused is bound over for further proceedings by a grand jury. Attorney may offer testimony to establish probable cause, and the defense attorney may provide evidence on behalf of the accused. Preliminary Hearing - Within 10 days of arrest on a Complaint, the accused also has the right to a Preliminary Hearing, during which an Assistant U.S. The Magistrate Judge then decides if the accused should be detained or released pending trial.Ĥ. At that hearing, the Magistrate Judge listens to evidence about the accused's risk of flight or danger to the community. Detention Hearing - If the alleged offender is detained, a Detention Hearing must be held within three working days. At the same time, a federal prosecutor, known as an Assistant United States Attorney, may ask that the defendant be detained.ģ. The Magistrate Judge also sets release conditions, including any bond. The Magistrate Judge advises the accused of his or her rights and determines if he or she has the financial ability to hire an attorney or if a public defender must be appointed. Initial Appearance - As soon as practicable after arrest, the alleged offender must be granted an Initial Appearance before a Magistrate Judge. In other words, the Affidavit is used to establish probable cause that the accused committed the crime.Ģ. The Affidavit explains the crime committed as well as the role of the accused in that crime. An Affidavit, signed by a law enforcement officer, usually accompanies the Complaint. The warrant is based on an Indictment (see below) or a Complaint filed with the U.S. ![]() Complaint and Arrest Warrant - Law enforcement obtains a Warrant for Arrest of the alleged offender. When Someone is Suspected of a Federal Crime.ġ. State legislatures make those determinations for criminal acts that violate state law. The United States Congress decides which criminal acts are felonies and which ones are misdemeanors. Felonies are offenses that may result in prison sentences of more than one year, while misdemeanors carry sentences of one year or less. ![]() ![]() Felony or MisdemeanorĬriminal acts fall into two categories: felonies and misdemeanors. Other criminal acts are offenses under both federal and state law so, in those cases, federal and county attorneys must decide if the offender should be tried in U.S. Some criminal acts are federal offenses only and must be prosecuted in U.S. Federal laws, or statutes, are created by the United States Congress to safeguard the citizens of this country. ![]()
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