Understanding Federal Criminal Investigations:
A Guide for Defendants

At Nagra Law Firm in Sacramento, we believe it is essential for every US citizen to understand the basic steps involved in federal investigations. Understanding the federal criminal investigation procedure not only helps one defend oneself when found in an unpleasant circumstance but also helps one stay vigilant and avoid making criminal mistakes due to ignorance.

This blog, by Nagra Law Firm, will mainly focus on understanding federal criminal investigation procedures in detail. We will cover the definition of federal law, along with the initial investigation and the trial.

What is Federal Investigation in the USA?

The United States of America is divided into states, each with its own local laws and investigation agencies. Generally, the laws are quite similar across all states in the country, with a few variations according to the specific requirements of each region. An inquiry or investigation conducted by federal agencies in any state to gather information about a potential incident or criminal activity can be called a federal investigation.

These investigations are not limited to any one type of activity or incident; they may include criminal activities, civil rights violations, financial crimes, national security concerns, public corruption, and more. Investigations are conducted by federal investigation agencies such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Internal Revenue Service (IRS), the Department of Homeland Security (DHS), and others, depending on the nature of the alleged offenses. If you find yourself under federal investigation, then you have the right to defend yourself by hiring a reputable criminal defense attorney.

Investigation

Whenever federal authorities are informed about a criminal activity, either by a victim or by an eyewitness, the relevant federal agency investigates to determine if a crime was committed and, if so, who committed it.

However, two essential factors must be kept in mind. Firstly, not every crime is a federal crime. For example, murder and robbery are considered crimes in all 50 states of the USA. However, unless the case is very large or involves an official serving in a federal agency as a victim, the case is mostly investigated by the state investigation agencies.

Secondly, the nature of the committed offense determines which federal agency will undertake the investigation. Not every federal agency is responsible for investigating every federal offense committed within its jurisdiction. If one anticipates that a federal investigation may be initiated against them, then at Nagra Law Firm, we advise them to seek consultation from an experienced criminal attorney who has proven expertise in defending federal law cases as soon as they can.

Arrest and Initial Appearance

Once the investigation begins and if the federal investigation authorities have a suspect, they can arrest the suspect. However, by law, it is mandated that the suspect be presented before a magistrate within the first 72 hours of the arrest. If a suspect is arrested and not presented before a magistrate within the prescribed time frame, then the suspect has the right to bail, and it may be considered an illegal arrest. A defendant may raise this issue before a magistrate through his or her criminal defense lawyer and may plead for bail.

However, in many cases, the investigation agencies approach the magistrate first and obtain an arrest warrant against one or multiple suspects. Once the arrest warrant is issued, the agencies may proceed to arrest the suspect. Here, too, it is essential that, as soon as the arrest occurs, the suspect be presented before a magistrate within 72 hours of arrest. Upon arrest, the suspect has the right to defense and the right to remain silent, irrespective of which agency arrests them.

Depending upon the severity of the crime, the suspect may be immediately granted bail upon being presented before the magistrate, and in some cases, the prosecutor may plead before the judges to have the accused held in custody for further investigation. By hiring an experienced lawyer like Mr. Nagra from Nagra Law Firm in Sacramento, one may strongly plead for bail in the event of an arrest for a federal crime.

Arraignment

In this stage, a defendant is formally informed about the charges levied against them, and a copy of the charges is provided. At this stage, the defendant has two options: to plead guilty or not guilty. In either case, hiring a criminal attorney in Sacramento makes it easier for one to present all the facts before the magistrate. In many circumstances, the defendant, their federal defense attorney, and the prosecutor may agree upon a plea bargain. If the defendant chooses to enter into a plea bargain, then he or she may plead guilty as part of the bargaining procedure.

The Trial

During the trial stage, the government and the defense both have the right to file evidence and prove or disprove the charges. A trial is often held before a jury, but in many circumstances, a trial may be held before a single judge, which is called a bench trial. The trial is held to determine, beyond a reasonable doubt, whether to prove the charges against a defendant. At this stage, the victim is also involved in the trial and may be called upon to testify or explain how they were harmed during the alleged criminal offense. For any defendant, it is very essential at this stage that they are represented by a defense attorney lawyer. A lawyer may cross-question the victim’s testimony, question the viability of the evidence brought forth by the federal investigation agency, and help the defendant get acquitted of the charges.

The trial itself involves multiple stages, such as presenting evidence before the jury or judge, cross-examinations, arguments, the final verdict, and so on. The length of any trial is never predetermined, but by working alongside criminal case lawyers and based on the merits of the evidence, a defendant may improve their chances of acquittal or receiving the lowest sentence possible.

The Final Verdict or the Result

The final stage of any federal criminal investigation is the final verdict. When the defendant and the government both present their evidence, conduct cross-examinations, and make arguments before the jury or the judge, a verdict is finally presented to the public. The verdict may either result in the conviction of a defendant or in their acquittal.

If a defendant is convicted, they have to surrender if they are already not in custody and have the opportunity to appeal before higher courts and plead for a reduction of the sentence or for the sentence to be set aside completely. In the case of an acquittal, the defendant is released from all charges levied against them related to the case.

When Should You Approach Nagra Law Firm if Facing a Federal Investigation?

It’s never too early to approach your lawyer. Whenever you anticipate a federal investigation, it is best to seek a consultation with Mr. Nagra from the Nagra Law Firm. As the sooner you approach a federal criminal lawyer in Sacramento, the quicker the lawyer can formulate a strong defense strategy that may work in your favor and help you protect your rights.