How is a federal crime prosecuted?
In Minnesota, a federal crime is prosecuted by an Attorney from the U.S. Attorney’s Office. This is different from the prosecution of a state crime, which is usually handled by the county attorney. Federal crimes occur when a crime involves an element of interstate commerce or involves a federal regulation or statute. These types of crimes are investigated by federal agencies like the FBI, IRS, Homeland Security, etc., and the U.S. Attorney’s Office prosecutes these types of cases in federal court. When the U.S. Attorney’s Office prosecutes a federal crime, the process begins with an investigation into the crime. Depending on the type of crime and the agency investigating it, the process may involve subpoenas, search warrants, and other discovery processes. Once enough evidence has been gathered and the investigation is complete, the U.S. Attorney’s Office will present the evidence to a federal grand jury. The grand jury will then decide whether or not there is enough evidence to charge the defendant with a crime. If they do decide to charge the defendant, then the U.S. Attorney’s Office will file an indictment in federal court. The defendant is then arraigned in federal court and the process of prosecuting a federal crime begins. This process can involve plea bargaining, discovery, motions, and pretrial hearings. After the pretrial process is complete, the case goes to trial. The federal prosecutor and defense attorney will present their evidence and arguments to the jury, and then the jury will decide the verdict. If the defendant is found guilty, then the case moves on to the sentencing phase. The judge will sentence the defendant based on the guidelines set forth by the federal statutes, and the defendant could face prison time, fines, or both.
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