How is a federal crime prosecuted?

A federal crime is prosecuted in the United States by the Department of Justice. It is usually handled in a federal court. Individuals suspected of committing federal crimes can be charged with a federal criminal offense in one of two ways—by indictment or information. An indictment is a formal accusation from a grand jury, which is a subset of citizens from a district that reviews evidence to decide if probable cause exists to support the charge of a crime. An information is a formal accusation from the prosecutor that is based on evidence. Once a charge is filed, usually the defendant will be brought before a judge for an arraignment. This is where the defendant can enter a plea of guilty or not guilty to the charge. Defendants have the right to decide if they want a trial by jury or a bench trial, in which a single judge will decide guilt or innocence. In a federal criminal trial, the prosecution has the burden of proving guilt beyond a reasonable doubt. In order to do this, the prosecution will present evidence and will have the right to call witnesses and cross-examine the defense’s witnesses. The defendant also has the right to present evidence and witnesses in their defense. At the end of the trial, the jurors and/or judge will consider all of the evidence presented, instructions from the judge, and the applicable law. They will then decide whether the defendant is guilty or not guilty. If the jury or judge finds the defendant guilty, the case will typically proceed to sentencing.

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How is a federal crime prosecuted?

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