How is a federal crime prosecuted?
A federal crime is prosecuted by the United States government, rather than the individual state. Generally, the United States Attorney, an arm of the United States Department of Justice (DOJ), initiates and prosecutes criminal proceedings in federal court for violations of federal law. When a federal crime is suspected, the local United States Attorney will meet with local law enforcement and review the facts of the case. Based on the review of the facts, the United States Attorney will decide whether or not to file criminal charges and begin the prosecution. If the decision is to proceed with taking action, a federal grand jury will determine whether there is enough evidence to indict the defendant. An indictment is an official document that accuses someone of a federal crime and carries the full weight of the federal justice system. Once an indictment is issued, the criminal proceedings begin in federal court. The prosecution can choose to enter into plea agreements with the defendant, where they agree to plead guilty to the charge in exchange for a reduction in the severity of the sentence. The prosecution can also choose to take the case to trial. In either case, the United States Attorney is responsible for representing the interests of the United States government. If the defendant is convicted, the sentencing process involves the judge taking into consideration any aggravating or mitigating factors of the crime, the defendant’s prior criminal record, and other relevant circumstances in order to determine the appropriate punishment. Once the court reaches a sentence, the defendant receives a final judgement and punishment for the crime.
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