What Happens When You're Charged With a Federal Crime in Texas?
What Happens When You're Charged With a Federal Crime in Texas?
While most criminal charges in Texas are prosecuted under state law, you can also face prosecution under federal law. This is especially true if you've committed a criminal activity across a broad spectrum, such as fraud, conspiracy, terrorism, and money laundering.Typically, federal criminal charges are different from the charges usually prosecuted in the state court. These involve different judges, prosecutors, court's schedule, bail, prosecution processes, and sentencing. That said, it's important to seek the assistance of an experienced legal professional who knows the difference between federal and state criminal charges. Not only that, but you should also get familiar with the possible series of events that can happen when you’ve committed a federal crime or a crime against the government. Keep reading this article to learn what happens when you're charged with a federal crime in Texas. You'll Be Taken to the Federal Magistrate for the Hearings When you have a federal criminal charge in Texas, you'll be taken to the federal magistrate, who will explain the nature of the charges against you. Primarily, a federal magistrate is a federal judge who works in the United States district court. They may preside most phases of federal proceedings, except for trials involving a criminal felony. Therefore, if you have a federal case, the federal magistrate will work on your situation by determining your offense's severity and the necessity of a bond. This can be done through the following hearings:
Preliminary Hearing – This hearing occurs within a few days after the federal crime is charged. At this stage, the magistrate court will review all pieces of evidence and determine whether there's sufficient probable cause that will support the charge. Due to these proceedings' nature, you’ll need the assistance of an experienced criminal defense lawyer, like David Finn, who is licensed in federal court. They'll find out the nature of the criminal charge against you. If they can discover problems with the government's case, they can use the same as reasons your case should be dismissed.
Detention Hearing – This hearing occurs to allow the magistrate court to determine whether you can avail of a bond or not. The federal magistrate will ask some questions on whether adequate conditions can be established to protect the community and guarantee your presence in court after posting a bond.
OKC law school courtroom; image by David Veksler, via Un splash.com.
Presentation of Evidence by the Government – The government proceeds with the presentation of evidence. Like in the state court, the government has the burden of proving beyond a reasonable doubt that you committed a federal crime in Texas. Hence, the prosecutor will call the witnesses for their testimonies and present evidence to the jury.
Presentation of Evidence by the Defense – While the government should present pieces of evidence, the defense doesn't. But, if you wish to submit evidence to prove your claim, you can do so.
Deliberation – It's important to note that the trial is governed by the federal rules of criminal procedure and evidence, which is why you should hire a criminal defense attorney to make sure someone knows the governing laws well. For instance, after presenting evidence, the jury will decide to deliberate the case and determine whether you're guilty beyond reasonable doubt. If the jury finds you guilty, the case will proceed to sentence. If the jury doesn't find you guilty, the trial will stop, and you'll be released.
About Ivan Moore
Ivan Moore is a full-time writer who often produces pieces on business, finance, and law. Besides publishing timely pieces on his own blog, Ivan also works with other websites to submit guest posts.