Criminal Case Explorer

The federal courts say more than 90% of defendants plead guilty rather than go to trial. A guilty plea in exchange for the government dropping some charges or recommending a lighter sentence is often called a plea bargain. U.S. Courts

To convict, the evidence must prove guilt “beyond a reasonable doubt,” meaning it is so strong that there is no reasonable doubt the defendant committed the crime. U.S. Courts

Each state has its own courts and its own set of rules for criminal cases. Justice Department

Standards of Proof at a Glance

Felony vs. Misdemeanor

• A felony is a serious crime punishable by more than one year in prison. U.S. Courts
• A misdemeanor is an offense punishable by one year in prison or less. U.S. Courts
• Unless the law defining an offense gives it a letter grade, federal law grades felonies by the maximum prison term: Class A (life or death), Class B (25 years or more), Class C (10 to under 25 years), Class D (five to under 10 years) and Class E (more than one year but under five). U.S. Code
• Misdemeanors are graded the same way: Class A (more than six months up to one year), Class B (more than 30 days up to six months) and Class C (more than five days up to 30 days). An offense with a maximum of five days or less, or no jail at all, is an infraction. U.S. Code
• A petty offense is a Class B or C misdemeanor or an infraction, with a maximum fine no higher than the limit federal law sets for it. U.S. Code
• The constitutional right to a jury trial applies to any offense with a maximum sentence of more than six months in prison, because such offenses aren’t “petty.” Constitution Annotated
• Federal misdemeanor charges don’t have to come from a grand jury. Justice Department

Arrest and Charges

• Probable cause means the facts and circumstances the officer knows would lead a prudent person to believe an offense was committed. Courts judge it by the practical considerations of everyday life, not legal technicalities. Constitution Annotated
• After an arrest, the defendant must be taken before a magistrate judge “without unnecessary delay” for an initial appearance. U.S. Courts
• A federal offense punishable by death or by more than a year in prison must be charged by a grand jury indictment. Criminal contempt is the exception. U.S. Courts
• A grand jury is a group of 16 to 23 citizens who hear the prosecutors’ evidence and decide whether there is probable cause to believe a person committed an offense. U.S. Courts
• An information is a formal charge filed by a government lawyer instead of a grand jury. It is used for misdemeanors, and for a felony when the defendant gives up the right to a grand jury indictment. U.S. Courts
• For any charge above a petty offense, a magistrate judge must hold a preliminary hearing unless the defendant waives it, has been indicted or has been charged by information, or is charged with a misdemeanor and agrees to trial before a magistrate judge. U.S. Courts
• When a preliminary hearing is required, it must be held within a reasonable time and no later than 14 days after the initial appearance if the defendant is in custody, or 21 days if not. U.S. Courts

Bail and Detention

• Federal law starts from release. The judge must release the defendant on personal recognizance or an unsecured bond, with only two conditions: commit no new crime, and give a DNA sample if the law requires one. The exception is when that won’t reasonably assure the defendant returns to court or would endanger someone or the community. U.S. Code
• Some serious charges start from the opposite presumption. If the judge finds probable cause that the defendant committed a drug offense with a maximum sentence of 10 years or more, certain gun or terrorism offenses, or certain offenses against a minor, among others, the law presumes no condition will work, and the defendant can try to rebut that. U.S. Code
• The judge may not set a money condition that keeps the defendant in jail. U.S. Code
• To hold a defendant as a danger to others, the judge’s findings must be supported by clear and convincing evidence. U.S. Code

Arraignment and Plea Bargains

• At the arraignment, the defendant is brought into court, told the charges in the indictment or information and asked to plead guilty or not guilty. U.S. Courts
• A defendant may plead not guilty, guilty or, with the court’s consent, nolo contendere. If a defendant refuses to plead, the court enters a not guilty plea. U.S. Courts
• Nolo contendere, or no contest, has the same effect as a guilty plea for the sentence but can’t be treated as an admission of guilt for any other purpose. U.S. Courts
• A plea agreement can have the government drop other charges, recommend a sentence (which doesn’t bind the judge) or agree to a specific sentence (which binds the judge once the court accepts the agreement). The judge takes no part in the negotiations. U.S. Courts

Speedy Trial Deadlines

• Under the Speedy Trial Act, an indictment or information must be filed within 30 days of the arrest or summons on the charges. On a felony, if no grand jury sat in the district during those 30 days, the deadline is extended by another 30 days. U.S. Code
• After a not guilty plea, trial must start within 70 days of the filing of the indictment or information, or of the defendant’s first appearance in the court where the charge is pending, whichever is later. U.S. Code
• Some delays don’t count toward those deadlines, including time spent on pretrial motions, competency exams and a proposed plea agreement, time a defendant or essential witness is absent, and delays a judge grants after finding the ends of justice outweigh a speedy trial. U.S. Code
• The Speedy Trial Act’s deadlines don’t apply to Class B or C misdemeanors or infractions. U.S. Code
• The Sixth Amendment’s speedy trial right has no fixed deadline. Courts weigh the length of the delay, the reason for it, whether the defendant asserted the right and the harm the delay caused. Constitution Annotated

Rights at Trial

• The Sixth Amendment guarantees a speedy and public trial by an impartial jury, notice of the charges, the right to confront the witnesses against the accused, a way to force favorable witnesses to appear, and the help of a lawyer. Constitution Annotated
• The constitutional right to a jury trial applies to any offense with a maximum sentence of more than six months in prison, because such offenses aren’t “petty.” Constitution Annotated
• A federal jury’s verdict must be unanimous. U.S. Courts
• The defendant doesn’t have to testify, and the jury may not treat that choice as proof of guilt. Justice Department
• A defendant found not guilty is released, and the government may not appeal that verdict. The person can’t be charged again for that offense in federal court, because the Constitution prohibits double jeopardy, or being tried twice for the same offense. U.S. Courts
• A state and the federal government can each charge and convict a person for the same conduct, and either may punish it more harshly. Justice Department
• Since Gideon v. Wainwright (1963), the Sixth Amendment right to a lawyer at a criminal trial applies in state and federal court alike, whether the lawyer is hired or appointed. Constitution Annotated

Parole vs. Probation vs. Supervised Release

• Probation is a sentence served in the community instead of prison, under a probation officer who makes sure the person follows set rules, such as holding a job or getting drug counseling. U.S. Courts
• People convicted of more serious crimes may be sentenced to prison followed by a period of supervised release in the community. Probation, by contrast, is an alternative to prison. U.S. Courts
• Parole was early release from federal prison, granted by the U.S. Parole Commission after an inmate served part of the sentence, followed by supervision by a probation officer. Congress abolished it in the Sentencing Reform Act of 1984 in favor of sentences set under guidelines. U.S. Courts
• The repeal of the federal parole law took effect Nov. 1, 1987, and applies only to offenses committed after it took effect. For people whose offenses came earlier, Congress kept the old parole law in effect and has extended that period repeatedly; a law passed Feb. 3, 2026, suspended any expiration date through Jan. 30, 2031. U.S. Code
• The Justice Department’s Bureau of Justice Statistics surveys parole agencies in all 50 states, the District of Columbia and the federal system. It counted 574,500 people under parole supervision in state systems on Dec. 31, 2023, and 105,890 in the federal system, a count that includes supervised release. Justice Department

Appeal and Habeas Deadlines

• A defendant’s notice of appeal must be filed in the district court within 14 days after the judgment or order being appealed is entered, or after the government files its own notice of appeal, whichever is later. U.S. Code
• If the defendant makes a timely motion for acquittal, a new trial (one based on newly discovered evidence counts only if made within 14 days of the judgment) or arrest of judgment, the 14 days run from the order deciding the last of those motions, if that period ends later. A motion to correct a clear sentencing error does not pause the clock. U.S. Code
• For excusable neglect or good cause, the district court can extend the time to file a notice of appeal by up to 30 days beyond the deadline. U.S. Code
• A petition asking the Supreme Court to review a case is due within 90 days after the lower court enters its judgment. If a timely rehearing petition was filed below, the 90 days run from the denial of rehearing. Supreme Court
• For good cause, a justice can extend the time by up to 60 days. The request must be filed at least 10 days before the petition is due, except in extraordinary circumstances. Supreme Court
• A federal prisoner’s motion under 28 U.S.C. 2255 must be filed within one year of the latest of: the date the conviction became final, the removal of an illegal government barrier to filing, a new Supreme Court right made retroactive, or the date the key facts could have been discovered with due diligence. U.S. Code
• A state prisoner’s federal habeas petition also has a one-year deadline, counted from the latest of several dates, including when the state conviction became final on direct review. U.S. Code

How State Cases Differ

• Each state has its own courts and its own set of rules for criminal cases. Justice Department
• States aren’t required to charge by grand jury, though many do. The Constitution’s grand jury requirement binds only the federal government. Justice Department
• Many states have their own speedy trial laws that set precise time limits for charging and trial. Constitution Annotated
• The jury trial right also binds the states in any case that would get a jury in federal court, and a state jury’s verdict must be unanimous too. Constitution Annotated

Getting a Lawyer

• A defendant who can’t afford a lawyer may be represented by a public defender, a lawyer the government provides at no or minimal charge. Justice Department
• In federal court, appointed lawyers come from federal defender offices or are private “CJA panel” lawyers the court appoints under the Criminal Justice Act. Together they represent the vast majority of people prosecuted in federal court. U.S. Courts
• A federal defendant who can’t get a lawyer is entitled to an appointed one at every stage, from the first court appearance through appeal, unless the defendant gives up that right. U.S. Courts
• For some petty offenses, the court isn’t required to appoint a lawyer. U.S. Courts
• The constitutional right to an appointed lawyer turns on the sentence actually imposed, not the one the law allows: a defendant too poor to hire a lawyer can’t be sentenced to jail or prison without having been offered one. Constitution Annotated

Related GovFacts Articles

• Arraignment vs. Indictment: What’s the Difference?
• Probation vs. Parole: What’s the Difference?
• Preponderance of Evidence vs. Beyond Reasonable Doubt vs. Clear and Convincing Evidence
• Felony vs. Misdemeanor: What’s the Difference?
• Plea Bargain vs. Trial: Navigating the Crossroads of Justice
• Appeals vs. Certiorari: Two Very Different Paths Through America’s Courts