Most laws that affect us are passed by state governments, and thus the vast majority of crimes involve violations of state and/or local laws, and are handled by the local District Attorney.  However, when federal laws are violated, they are prosecuted by local federal courts.

Federal crimes may include: drug and human trafficking, missing children, public corruption, hate crimes, extensive gang activities, complex fraud schemes, certain capital crimes, bank robberies, acts of terrorism, and other felonies that cross state lines.

The Department of Justice (DOJ) is the main federal agency that enforces federal law.  It is headed by the U.S. Attorney General, the country’s chief law enforcement officer.  

• New Orleans is part of the federal Eastern District of Louisiana (with 13 parishes); there are three federal districts In Louisiana (others are Western and Middle districts).  

• Investigations are conducted by ‘special agents’ from federal agencies like the Federal Bureau of Investigation (FBI, the main investigative arm of the DOJ), the Drug Enforcement Agency (DEA), Immigration and Customs Enforcement (ICE), the U.S. Marshals, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), United States Secret Service, the Internal Revenue Service (IRS), and the United States Postal Inspectors. There are 25 agencies that operate under the DOJ, and there can be collaboration between agencies.

• Federal court cases are prosecuted by Assistant US Attorneys (AUSA, equivalent to an ADA at state level), who handle the bulk of trial work.  

In rare cases, some state cases may be ‘adopted’ or transferred to federal court for prosecution depending on certain factors, such as: the amount of money involved, the amount/type of drugs, level of fraud, whether it crosses state lines, and if it is based on a broad scale.  

Federal felony charges have both similarities and differences to how this is handled by the District Attorney (that handles local and state court). 

 Charges are formally filed via an indictment: either returned by a federal grand jury - or - via a Bill of Information (filed by the US Attorney’s office); this is referred to as the ‘charging document’. 

• The person is termed a “defendant” from the moment they are charged.  

This charging document is filed with the federal Clerk of Court, and the case is assigned randomly to both a Federal Magistrate Judge and a District Court Judge. 

• The AUSA (Assistant US Attorney) who brought the charges, usually stays with the case.  ·  The US Attorney’s Office has a Victim/Witness Coordinator who will communicate with known victims.

The AUSA decides on whether a summons - or - an arrest is needed, based on issues like flight risk or danger to the community.  If an arrest is to be made, a warrant is issued by the court, and the agency involved in the investigation will do the arrest (e.g. FBI, DEA, etc). 

• If arrested, the defendant will be sent to a federal tier in the jail (most are located in surrounding parishes).

An Initial Appearance next occurs where the charges are read by a Federal Magistrate Judge.  This judge will ask if the defendant has the charging document, and may summarize it.  The AUSA will be asked to state what the maximum penalties are associated with the different charges.  

The judge will ask if counsel is needed, and the defendant must fill out a financial affidavit if a Public Defender is requested.  

• Note that unlike in state cases, the Federal Magistrate Judge does not determine if there is probable cause, as this is considered completed via the federal grand jury indictment.  If a Bill of Information is filed, the defendant usually waives indictment by grand jury, and therefore any challenge to probable cause.  Note also that a Federal Magistrate Judge cannot take a guilty plea on a federal felony.

If the AUSA asks for detention, there will be a Detention Hearing shortly afterwards (usually 1-3 days after the Initial Appearance) to decide if that person can be released on bond, or is to be, or remain, detained; the defense and defendant can argue their side. 

• A US Probation Officer will provide recommendations on whether to detain or allow bond (which may include various conditions, such as monitoring and/or drug treatment programs, and also suggesting the bond amount).  

• If at this hearing, the ruling is made for detention, the US Marshals handle this and the defendant will be sent to a federal tier in the jail.  A defendant can move to reopen the detention hearing if circumstances change that would make a bond possible.  

Next, an Arraignment will occur in front of the Federal Magistrate Judge, where the charges and penalties are again summarized.  A defendant can only plead ‘not guilty’ and their attorney must be present. 

• The pre-trial and trial dates are set at this time.

At this point, as the case starts being in motion to go to trial, the District Court Judge takes the case.  

If (at any time prior to a verdict by a jury) the defendant chooses to plead guilty, a Re-arraignment is held, but in front of the District Court Judge. At this time the defendant is advised of his/her constitutional rights to proceed to trial.  Re-arraignments typically occur prior to the assigned trial date. 

• A signed factual basis is submitted into the record, which details the facts of the crime. This has to be signed by the defendant, where they essentially agree that the government would have proved the charges if the case had gone to trial.

• A plea bargain may be negotiated at any time; the vast majority of cases are settled this way.  

If a case proceeds to trial, there will be various proceedings held in advance before the District Court Judge. This includes status conferences and pre-trial conferences to decide if the case will in fact go to trial, and how long it might take.  Other hearings on discovery and motions will also occur, and can involve delays [similar to those at the DA’s office; see page xx]. 

The trial is heard before a jury of 12, who decide on a verdict of guilty or not.  This must be unanimous.  If a jury cannot decide, it results in a “hung jury” and the government can elect to try the person again.  However, if all 12 jury members vote “not guilty,” there cannot be a retrial because of double jeopardy (a person cannot be convicted twice for the same crime).

After a guilty verdict, the District Judge decides the sentence. 

• The judge is given a pre-sentence report by the US Probation Office to help decide the imprisonment length.  

• A person may be sentenced to probation, home confinement, or incarceration in the Bureau of Prisons.  

• They may order a defendant to pay a fine (associated with the crime itself and costs it caused the government), restitution (money for the crime victim), or both (unlike in state courts). 

• Any appeals are heard by the Fifth US Circuit Court (HQ in New Orleans).  

A survivor can make a victim impact statement.

Generally, 85% of the sentence must be served before being eligible for a reduction in the sentence due to good behavior (in Bureau of Prison), but only if the punishment exceeds one year.  

• There is no parole in the federal system.

Court documents are available by visiting the office of the Clerk of Courts where the case is pending [Connect to listing in Resources under US Attorney’s Office, under Govt Orgs, if possible.]

Documents are also accessible over the Internet if you have established a PACER account. Find contact information for the Clerk of Courts and PACER here: https://www.laed.uscourts.gov/