Call For A Consultation (310) 708-1044
Call For A Consultation (310) 708-1044
If you or someone you care about is facing federal charges in Colorado, it’s important to understand what happens in the crucial early stages. The federal legal process moves quickly, and the decisions made early on can significantly affect the outcome of a case. In this article, we’ll walk through…
Federal cases involving gun charges, drug offenses, and gang-related activity are fairly common.
Once you’re charged, the next steps in the process start to unfold quickly. After an indictment is issued, you’ll be given a court date for your arraignment, where you’ll appear before a magistrate judge, typically with your attorney. At that hearing, the court addresses the issue of bail.
If you’ve voluntarily shown up in court rather than waiting to be arrested, you have a stronger case for being released on bail. Showing up willingly demonstrates that you’re not a flight risk, one of the two key factors judges consider when deciding on bail (the other being whether you’re a danger to the community).
For example, if the authorities issue an arrest warrant but allow you to remain out for a week before your court appearance, it weakens their argument that you’re a danger. That can help your attorney argue for bail instead of pretrial detention. After an arrest, timing really matters.
A federal criminal complaint is an initial charging document filed by the U.S. Attorney’s Office, based on a detailed affidavit from the investigating agent. This affidavit lays out the facts of the case and provides probable cause to support your arrest.
The complaint includes a more narrative, fact-based explanation of what happened, and it’s usually what leads to your initial arrest. However, once you’ve been arrested on a complaint, the government has a limited amount of time to present the case to a grand jury and secure a formal indictment.
An indictment, by contrast, is much more limited in detail. It simply states the charges against you using the statutory language. There’s no narrative or context, just the offense, the date, and the district. It’s a formal document that moves the case toward trial or plea negotiations.
Your most important right throughout the entire process is the right to an attorney, and that right stays with you throughout the entire case.
In the early stages and all the way through trial, you also have the right to:
However, if you plead guilty, you waive most of those rights. At a guilty plea hearing, you’re no longer presumed innocent. You give up your right to a jury, to cross-examine witnesses, and to remain silent because you’re admitting guilt. The only right that stays with you throughout is your right to counsel.
In federal court, timing is vital. The earlier you act, the better your chances of securing a favorable outcome.
Federal prosecutors often bring charges against large groups of 20 or more people who are connected to a gang. In cases like that, the first person to cooperate with valuable information typically receives the most significant sentencing benefit.
If you delay and someone else gives the government the same information first, you lose the opportunity to help yourself. The chance to provide substantial assistance and earn credit for it might be gone forever. Once the government has the evidence they need, they don’t need it from you anymore.
Even if you don’t plan to cooperate, moving quickly still matters. It allows your attorney to:
Whether you’re planning to plead guilty or go to trial, speed is your friend in the federal system.
The hardest conversations I’ve had are with clients who genuinely believe they are (and often are!) innocent, but the system is still moving toward an indictment.
There are times when I can see what’s coming. I know charges are going to be filed, and I try to help clients prepare. But some clients resist taking legal steps because they feel they shouldn’t have to. They feel they’re being treated unfairly, and often, I agree.
But fairness isn’t always part of the equation. Even if you’re innocent or wrongly accused, you still need to protect yourself. That’s a tough message for someone to hear, especially when they’re overwhelmed and scared. But I owe it to my clients to be honest and to help them take action, even when the situation feels unjust.
For more information on the federal charges process in Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 708-1044 today.