What the Criminal Courts does
State criminal courts prosecute offences against state law, from traffic misdemeanors to homicide, and that is the vast majority of criminal cases in the country. Federal criminal courts prosecute federal offences — drugs and firearms crossing state lines, fraud against federal programs, immigration offences, and crimes on federal land. The stages are broadly the same: arraignment, pretrial motions and discovery, plea negotiation, trial by jury if the case goes that far, and sentencing, which in the federal system runs through advisory guidelines.
What it hears
- Misdemeanor charges — the largest volume of criminal cases
- Felony charges, including preliminary hearings and grand jury indictment
- Bail, pretrial release and detention decisions
- Pretrial motions, including motions to suppress evidence
- Trials before a jury, and sentencing
Before your first court date
Ask for a lawyer, and say it clearly. If you cannot afford one, the court will appoint a public defender or assigned counsel, and you will usually complete a financial affidavit. Do not discuss the facts with anyone — police, cellmates, or on recorded jail calls, which are recorded and are routinely used in evidence. Write your own account down for your lawyer while it is fresh, gather the names of witnesses, and comply with every release condition exactly. Never miss a court date.
What happens at your first appearance
At arraignment the charge is read, counsel is appointed if you qualify, you enter a plea, and the judge sets bail or release conditions. It is usually brief. What follows is a period of discovery and negotiation in which most cases resolve: your lawyer receives the prosecution evidence, files motions where the stop, search or statement is vulnerable, and negotiates. A plea offer should never be accepted before the evidence has been reviewed, and the consequences beyond the sentence — immigration status, employment, housing, firearms rights — need to be understood first.
What to prepare
- Proof of income for the appointed-counsel financial affidavit
- A written account of events for your lawyer, prepared early
- Names and contact details of witnesses
- Evidence of employment, study, treatment or caregiving for bail and sentencing
- Your immigration status, if it is not US citizenship — it changes the calculus
When to get legal advice
This page is general legal information, not legal advice. Criminal cases are not sensibly handled alone, and appointed counsel is a right, not a favour. If you are not a US citizen, a plea can carry immigration consequences far worse than the sentence, and that must be addressed before any plea is entered. Legal Hotline's free line explains the process any hour on 1-844-690-0555, and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.
Where it is
State charges are heard in the county's trial court; federal charges are heard in one of the 94 US District Courts. Your citation, bond paperwork or summons names the court, courtroom and time.