Federal Courts
US Court System
The judicial process in a criminal case differs
from a civil case in several important ways. At the beginning of a federal
criminal case, the principal actors are the U.S. attorney (the prosecutor) and
the grand jury. The U.S. attorney represents the United States in most court
proceedings, including all criminal prosecutions. The grand jury reviews
evidence presented by the U.S. attorney and decides whether there is sufficient
evidence to require a defendant to stand trial.
After a person is arrested, a pretrial services
or probation officer of the court immediately interviews the defendant and
conducts an investigation of the defendant’s background. The information
obtained by the pretrial services or probation office will be used to help a
judge decide whether to release the defendant into the community before trial,
and whether to impose conditions of release.
In a criminal trial, the burden of proof is on
the government. Defendants do not have to prove their innocence. Instead, the
government must provide evidence to convince the jury of the defendant’s guilt.
The standard of proof in a criminal trial is proof “beyond a reasonable
doubt,” which means the evidence must be so strong that there is no
reasonable doubt that the defendant committed the crime.
If a defendant is found not guilty, the defendant
is released and the government may not appeal.
If the verdict is guilty, the judge determines
the defendant’s sentence. During sentencing, the court may consider not only
the evidence produced at trial, but all relevant information that may be
provided by the pretrial services officer, the U.S. attorney, and the defense
attorney.
If you have been found guilty and been sentenced
with a criminal offense, and are not a US Citizen, call the Law Office of Andre
Boghosian to inquire about immigration status consequences of your verdict or
plea.