What Happens After an Arrest in a Federal Criminal Case?

Federal and state cases are different

This guide describes the federal process. Most criminal cases are handled under state law, and terminology, deadlines, bail rules, and procedure vary by jurisdiction. The government brings a criminal prosecution; the accused person is the defendant.

Initial appearance

After a federal arrest, the defendant is taken before a magistrate judge without unnecessary delay. The judge explains the charges and rights, addresses counsel, and considers pretrial release or detention. A person who cannot afford counsel may qualify for court-appointed representation.

Release, detention, and arraignment

The court may release a defendant subject to conditions or schedule a detention hearing when the government seeks detention. At arraignment, the defendant is formally asked to enter a plea.

• Do not miss a court date or violate release conditions.
• Discuss contact with witnesses and evidence preservation with counsel.
• Do not post case details on social media.

Preparing the case

The prosecution and defense address evidence, motions, and possible resolution. The government carries the burden of proving guilt beyond a reasonable doubt at trial; a defendant does not have to prove innocence.

Every case is fact-specific. Anyone arrested or charged should seek qualified criminal defense counsel in the relevant jurisdiction as soon as possible.