Federal and State Practice and Procedure

The following is important information about a general overview of federal and state practice and procedure.

If you have any questions please feel free to contact the attorneys at the Federal Criminal Attorneys of Michigan for a free confidential consultation.

I. Federal Indictments and Federal Complaints

There are two ways charges can be filed against a person charged with a crime in federal court one is by what is referred to as a Criminal Complaint and the other is after a grand jury indicts. Read More

II. Arraignment in (State and) Federal Court

In both state and federal cases, after an arrest the first time someone appears to be arraigned on the charges contained in the criminal complaint or on an indictment is called the arraignment. In Detroit this occurs in the Duty Court Room on the first floor of the Federal Court house. Read More

III. Pre-Trial and Pre-Trial Motions

After an arraignment the clock begins pursuant to the Speedy Trial Act for a trial. An individual is entitled to a trial within a specific period of time, usually within 70 days. 18 U.S. Code § 3161. However the filing of any stipulations to extend this period or motions or when a judge finds good cause will delay or extend this time period. Read More

IV. Federal Rule 11 Plea Agreements

The great majority of all defendants against whom indictments or informations are filed in the federal courts plead guilty. Only a comparatively small number go to trial. The fairness and adequacy of the procedures on acceptance of pleas of guilty are of vital importance in according equal justice to all in the federal courts. Read More

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