Reference Guide

Federal Criminal Defense

Federal criminal defense covers every stage of a prosecution brought by the United States: investigation, indictment, pretrial motions, trial, sentencing, and appeal. The governing framework is the Federal Rules of Criminal Procedure, and the charges come from federal statutes such as 18 U.S.C. § 371, 21 U.S.C. § 841, and 18 U.S.C. § 1343. The Research Desk maintains a reference library on each stage.

Federal courthouse — Southern District of California

The Pre-Indictment Phase

Before charges are filed

An investigation usually precedes an indictment. Federal agents gather evidence through grand jury subpoenas and search warrants issued under Fed. R. Crim. P. 41.

The pre-indictment phase is when the scope of a case can still be shaped: exculpatory evidence can be presented to the prosecutor, subpoenas contested, and warrant issues preserved for later motions.

Trial and Sentencing

In the courtroom

Federal trials proceed under the Federal Rules of Criminal Procedure and the Federal Rules of Evidence, on the Speedy Trial Act calendar of 18 U.S.C. § 3161.

Sentencing follows the advisory U.S. Sentencing Guidelines promulgated under 28 U.S.C. § 994, applied through the factors of 18 U.S.C. § 3553(a).

The Corydon Law Research Desk

Each reference page links the statute or rule it describes, quoted from the primary source. Browse the depth library for the full set.

Browse the Depth Library

Related Pages

Published by the Corydon Law Research Desk — John D. Kirby, publisher — former federal prosecutor. This page is reference information about federal law and procedure, not legal advice.