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Pretrial Process and Resources

Process

At the beginning of a federal criminal case, the principal actors are the investigating law enforcment agency and the U.S. Attorney's Office.

Once an individual is formally charged and arrested, they are brought to the federal court where they will have an initial appearnce and arraigment.  A Pretrial Officer will then conduct an investigation and make a recommendation to the Court regarding release or detention pending further proceedings.

At an initial appearance, a judge advises the defendant of the charges, considers whether the defendant should be held in jail or released pending trial.  Defendants who are unable to afford counsel are advised of their right to a court-appointed attorney. If eligible, the court may appoint either a federal public defender or a private attorney who has agreed to accept such appointments from the court. In either type of appointment, the attorney will be paid by the court from funds appropriated by Congress. Defendants released into the community awaiting trial may be required to comply with certain restrictions imposed by the Court and to report to Pretrial Services. 

Resources

A step-by-step guide as to the Pretrial Services Process can be found in this flow chart.

Here is the U.S. Bureau of Prisons site information regarding Voluntary Surrender Process and Expectations.

Frequently Asked Questions (Pretrial)