What is the federal criminal investigative process?
The federal criminal investigative process is the process by which government agents—usually working for the Federal Bureau of Investigation (FBI) or other federal agency—investigate suspected criminal activities that violate federal laws. This process usually begins when a federal agency receives a tip or a complaint from a member of the public or another law enforcement agency. Once a complaint has been received, the agent in charge of the investigation will open a file and begin collecting evidence that may be used to bring criminal charges against the suspect. This includes interviewing witnesses, obtaining search warrants, collecting physical evidence, and conducting surveillance. The investigator then reviews the evidence to determine whether there is probable cause to believe a crime has been committed. If the investigator believes there is sufficient evidence to support criminal charges, the case will be referred to the local United States Attorney’s Office for possible prosecution. In most cases, the prosecutor will review the evidence and determine whether there is probable cause to believe a crime has been committed and whether a criminal trial is warranted. If the prosecutor decides to prosecute, the case is then presented to a grand jury, who will hear the evidence and decide whether there is enough evidence to proceed with a criminal prosecution. If the grand jury finds there is sufficient evidence to proceed, the defendant will be indicted and the case will move to the criminal court process. During the criminal court process, the government and the defendant(s) will present evidence in an effort to prove or disprove the charges. At the conclusion of the criminal court process, the judge or jury will decide whether a crime has been committed and what the sentence should be, if any. In cases where a guilty verdict is rendered on federal criminal charges, the defendant is typically sentenced to incarceration and/or a monetary fine in accordance with the federal sentencing guidelines.
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