Federal Criminal Trials

What are Federal Criminal Trials?

Federal criminal trials are legal proceedings conducted in federal court in the United States. These trials involve individuals who are accused of committing crimes that are violations of federal law. The U.S. federal court system has jurisdiction over cases that involve federal laws, federal constitutional matters, or disputes between citizens of different states.

Key Aspects of Federal Criminal Trials in the United States:

Jurisdiction: Federal courts have jurisdiction over cases involving violations of federal criminal laws. These laws are enacted by Congress and cover offenses such as drug trafficking, white-collar crimes, interstate fraud, terrorism, and certain types of organized crime. Federal criminal law jurisdiction is often predicated on the Commerce Clause in Article 1 Section 8 of the United States Constitution. Experienced criminal defense attorneys can challenge jurisdiction on this basis if appropriate.

Investigation and Prosecution: Federal criminal trials usually follow an investigation conducted by federal law enforcement agencies such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), or the Internal Revenue Service (IRS). If the evidence suggests a violation of federal law, the case is typically prosecuted by the United States Attorney’s Office, which is part of the Department of Justice.

Venue: Federal trials take place in federal district courts, which are located throughout the country. The venue is determined based on factors such as where the alleged crime was committed, where the defendant resides, or where the most significant part of the criminal activity occurred.

Indictment and Arraignment: Before a federal trial, the accused person is typically indicted by a grand jury. The indictment outlines the charges against the defendant. Following the indictment, the defendant is arraigned in court, where they are formally informed of the charges and asked to enter a plea (guilty or not guilty). Conditions of release are often addressed at this stage of the process.

Trial Process: Federal criminal trials follow established legal procedures, including the selection of a jury, presentation of evidence, witness testimonies, and arguments from both the prosecution and defense. The trial is presided over by a federal judge who ensures that the proceedings adhere to the law. Criminal defendants are entitled to both due process of law as well as effective assistance of counsel during all critical stages of the proceedings.
Burden of Proof: In federal criminal trials, the prosecution carries the burden of proving the defendant’s guilt beyond a reasonable doubt. The defense has the opportunity to challenge the prosecution’s case and present evidence or witnesses in support of a finding the defendant is not guilty.

Verdict and Sentencing: At the conclusion of the trial, the jury deliberates and reaches a verdict of guilty or not guilty. If the defendant is found guilty, the judge imposes a sentence, which may include imprisonment, fines, probation, or other penalties authorized by federal law. A defendant remains entitled to due process and effective assistance of counsel at any sentencing hearing. The federal sentencing guidelines, while advisory only, will be considered in fashioning an appropriate sentence.


Federal criminal penalties vary depending on the specific offense characteristics as well as many different factors involving the defendant. The United States Code (U.S.C.) outlines the federal laws and penalties for various crimes.

Here are some general categories of federal crimes and their potential penalties:

Drug Offenses:
Possession of a controlled substance: Up to 1-year imprisonment and/or fines.
Drug trafficking: Penalties range from several years to life imprisonment, depending on the type and quantity of drugs involved.
Manufacturing or distributing drugs near schools or involving minors: Enhanced penalties.

White-Collar Crimes:
Fraud (e.g., securities fraud, bank fraud, wire fraud): Penalties can range from fines to lengthy imprisonment, depending on the severity and monetary value involved.

Embezzlement: Imprisonment and fines depending on the amount embezzled.
Identity theft: Up to 30 years imprisonment depending on the circumstances.
Money laundering: Penalties include imprisonment and fines, depending on the amount of money involved.

Violent Crimes:

Murder: This can result in life imprisonment or the death penalty.

Aggravated Assault: Penalties vary depending on the seriousness of the offense, ranging from fines to lengthy imprisonment. Whether a dangerous instrument was used, serious injury was suffered, and the status of the victim are all important factors in fashioning an appropriate sentence.

Kidnapping: Imprisonment and fines depending on the circumstances.
Robbery: Penalties vary based on the use of a weapon, injury caused, or other factors.

Firearms Offenses:
Possession of a firearm by a convicted felon: Up to 10 years imprisonment.
Illegal sale or trafficking of firearms: Penalties can range from fines to lengthy imprisonment.


Hacking: Penalties depend on the extent of damage caused and can range from fines to imprisonment.

Identity theft: Penalties can include imprisonment and fines, depending on the severity of the offense.

It’s important to note that these are general guidelines, and specific penalties can vary widely depending on the circumstances of each case. Additionally, federal sentencing guidelines take into account various factors such as the defendant’s criminal history and the specific details of the offense.

What Does a Federal Criminal Trial Defense Attorney Do?

A federal criminal trial defense attorney is highly experienced in representing individuals who are facing criminal charges in federal court. Their primary role is to provide legal counsel and advocate for their clients throughout the entire criminal trial process.

Here are some of the key responsibilities and tasks performed by a federal criminal trial defense attorney:

Case Evaluation: The attorney will thoroughly review the details of the case, including the charges, evidence, and any applicable laws. They assess the strengths and weaknesses of the case and develop a defense strategy.
Legal Advice: The attorney advises their clients on their rights, potential legal consequences, and the available options. They help clients make informed decisions about plea bargains, trial strategies, and potential outcomes.

Investigation: The defense attorney conducts a comprehensive investigation to gather evidence and uncover any information that may support the client’s defense. They may interview witnesses, examine crime scenes, review police reports, and consult with experts.

Pre-Trial Motions: The defense attorney files various motions, such as motions to suppress evidence or dismiss charges, to challenge the prosecution’s case. They argue these motions before the court, aiming to exclude evidence or weaken the prosecution’s case.

Discovery: The attorney requests and reviews the evidence held by the prosecution, including documents, witness statements, and expert reports. They analyze the evidence to identify potential inconsistencies or weaknesses.

Trial Preparation: The defense attorney prepares their client for trial by discussing courtroom procedures, questioning techniques, and potential lines of cross-examination. They may also consult with expert witnesses and develop strategies to challenge the prosecution’s evidence.

Jury Selection: During the trial, the defense attorney participates in the jury selection process. They analyze potential jurors’ backgrounds and biases to select a fair and impartial jury.

Courtroom Advocacy: The defense attorney presents the client’s case in court, cross-examines prosecution witnesses, and challenges the evidence presented. They make opening statements, deliver closing arguments, and object to improper procedures or evidence.

Negotiations and Plea Bargaining: The defense attorney engages in negotiations with the prosecution, seeking favorable plea bargains for their clients if appropriate. They weigh the potential risks and benefits of accepting a plea offer and advise their clients accordingly.

Sentencing: In the event of a conviction, the defense attorney advocates for a fair and lenient sentence during the sentencing phase. They may present mitigating factors or evidence to argue for reduced penalties.

Appeals: If the client is convicted, the defense attorney may handle the appeals process, seeking to have the conviction overturned or the sentence modified.

Overall, a federal criminal trial defense attorney works diligently to protect their client’s rights, challenge wrongful convictions or harsh sentences, and strive for a favorable outcome in the appellate court. The lawyers at the Attorneys For Freedom Law Firm are admitted in Federal Court and have been representing clients in federal criminal cases for more than three decades. Our attorneys have federal criminal jury trial experience and the knowledge to represent you in your federal criminal trial.

To schedule a Strategy Session with an experienced federal criminal trial attorney, contact the Attorneys For Freedom today. We can be reached online at AttorneysForFreedom.com or by calling our Arizona office at 480-755-7110 or our Hawai’i office at 808-647-2423.


Arizona Office Address:
3185 S. Price Rd.
Chandler, AZ 85248
Phone: 480-755-7110
Hawai’i Office Address:
1003 Bishop Street, Suite 1260 Pauahi Tower
Honolulu, Hawai’i 96813
Phone: 808-647-2423
erc W.
erc W.
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Andy L.
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Cobe Bourbon (.
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mark W.
mark W.
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