When criminal charges are filed, the case moves out of the investigation stage and into active prosecution: the court takes jurisdiction over the defendant, constitutional protections like the right to counsel and a speedy trial attach,1Constitution Annotated. U.S. Constitution – Sixth Amendment and a predictable sequence begins—notice to the defendant, a decision about release or detention, arraignment and a plea, discovery, and then resolution through dismissal, plea, or trial. The government, not the alleged victim, controls the case from this point forward, and it is now operating against deadlines of its own.
One boundary before the sequence. Charges can be filed three ways in the federal system: a sworn complaint, an information filed by the prosecutor, or an indictment returned by a grand jury of 16 to 23 citizens, with at least 12 voting to charge.2Office of the Law Revision Counsel. Federal Rules of Criminal Procedure Rule 6 – The Grand Jury The Fifth Amendment requires a grand jury for serious federal crimes but does not reach state cases,3Constitution Annotated. Amdt5.2.2 Grand Jury Clause Doctrine and Practice where many prosecutors can file felony charges by information alone. Whichever document is used, what happens next to the defendant looks much the same.
How You Find Out Charges Have Been Filed
The court brings the defendant in through either a summons or an arrest warrant.4Legal Information Institute. Federal Rules of Criminal Procedure Rule 4 – Arrest Warrant or Summons on a Complaint A summons is a written order to appear in court on a specific date, typically issued when the defendant is not seen as a flight risk or a danger. An arrest warrant authorizes law enforcement to take the person into custody and is more common after a grand jury indictment on a serious felony. In both cases, a judge must first find probable cause that the person committed the charged offense.
Many defendants were arrested before any formal charging document existed. When someone is arrested without a warrant, a judge has to review probable cause within 48 hours; delays past that point are presumptively unreasonable. No one is supposed to sit in jail for days without a judge confirming a legitimate basis for the arrest.
Release or Detention While the Case Is Pending
One of the earliest and most consequential rulings is whether the defendant goes home or stays locked up during the case. A federal judge weighs two things: whether the defendant will return to court, and whether release would endanger anyone.5Office of the Law Revision Counsel. 18 U.S. Code 3142 – Release or Detention of a Defendant Pending Trial By law, the judge must impose the least restrictive conditions that address those concerns.
Common release conditions include:
- Regular check-ins with a pretrial services officer.
- Surrendering a passport and restricting travel to a defined area.
- No-contact orders covering alleged victims and potential witnesses.
- Drug testing on a set schedule.
- Maintaining employment or school enrollment.
- Giving up any firearms.
- Posting a bond or agreeing to forfeit property on nonappearance.
Every defendant released pretrial is also automatically barred from committing any federal, state, or local crime while the case is pending.5Office of the Law Revision Counsel. 18 U.S. Code 3142 – Release or Detention of a Defendant Pending Trial
For some charges the law flips the usual presumption toward detention. That includes federal drug offenses carrying a maximum of ten or more years, crimes of violence, certain terrorism offenses, and serious crimes against minors. The defendant can still argue for release, but the burden shifts to them to persuade the judge that conditions exist that would make release safe.6Office of the Law Revision Counsel. 18 U.S.C. 3142 – Release or Detention of a Defendant Pending Trial
Arraignment and Entering a Plea
Arraignment is the defendant’s first formal appearance on the charges. It happens in open court, and three things take place: the defendant is confirmed to have a copy of the charging document, the charges are read aloud or summarized, and the defendant enters a plea.7Legal Information Institute. Federal Rule of Criminal Procedure 10 – Arraignment
The judge also confirms counsel. A defendant who cannot afford a lawyer is entitled to one appointed under the Criminal Justice Act; in federal non-capital cases those attorneys are currently compensated at up to $177 per hour, paid by the judiciary rather than the defendant.8United States Courts. Guide to Judiciary Policy, Vol 7 Defender Services, Part A Chapter 2
Three pleas are available:
- Not guilty. The standard plea at this stage. It preserves every right and forces the government to prove each element of the offense beyond a reasonable doubt.
- Guilty. Waives trial and moves the case toward sentencing. The judge must confirm the plea is voluntary and that the defendant understands the consequences.
- No contest (nolo contendere). Carries the same sentencing effect as a guilty plea, but is not a formal admission of guilt and generally cannot be used as an admission in a later civil lawsuit. The court must give permission after weighing the parties’ positions and the public interest.9Office of the Law Revision Counsel. Federal Rules of Criminal Procedure Rule 11 – Pleas
Most defendants plead not guilty at arraignment. That preserves options while the defense sees what the government actually has.
What the Government Has to Show You
After arraignment, the defense gains the right to see much of the government’s evidence. Federal discovery rules require the prosecution to turn over the defendant’s own statements, prior criminal record, expert reports and test results, and documents or physical items the government plans to use at trial. Discovery continues through trial, not just once at the start.
Two Supreme Court rulings sit on top of those rules. The government must disclose evidence tending to show the defendant’s innocence, whether or not the defense asks for it, and it must disclose information that undermines the credibility of its own witnesses, such as prior convictions or cooperation deals. Violating either duty can result in dismissed charges or an overturned conviction.
Discovery is often where a case takes shape. What the government turns over usually drives plea negotiations and defense strategy more than the charging document ever does. Waiving or rushing this stage without a lawyer puts a defendant at a severe disadvantage.
The Deadlines the Government Is Now On
Filing charges puts the prosecution on a clock. Under the Speedy Trial Act, the government has 30 days after an arrest or summons to file a formal indictment or information, and trial must then begin within 70 days of the charges being filed.10Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions Numerous exceptions exist for continuances and complex cases, but the deadlines prevent the government from parking a charged case indefinitely. If the court finds unnecessary delay, it can dismiss outright.11Legal Information Institute. Rule 48 – Dismissal
The statute of limitations is a separate deadline, and it affects defendants mainly if their case is dismissed and the government wants to refile. For most federal crimes the general limit is five years from the date of the offense,12Office of the Law Revision Counsel. 18 U.S.C. 3282 – Offenses Not Capital with longer or no limit for offenses like tax evasion, certain fraud, and terrorism-related crimes. The clock does not run for anyone who flees to avoid prosecution.13Office of the Law Revision Counsel. 18 U.S.C. 3290 – Fugitives From Justice
How a Filed Case Can End Without Trial
Charges are not permanent once filed. The government can drop them, but only with the court’s approval, and once trial has started it needs the defendant’s consent too.11Legal Information Institute. Rule 48 – Dismissal A prosecutor cannot quietly make a case disappear.
The difference between dismissal “with prejudice” and “without prejudice” matters a great deal. With prejudice is final: the government cannot refile. Without prejudice leaves the door open for the government to charge again, as long as the statute of limitations has not expired in the meantime. Because the limitations clock keeps running continuously, a refiled case can be time-barred even though the original was timely.
Courts can also dismiss on their own when there has been unnecessary delay in presenting a case to the grand jury, filing charges, or getting to trial.11Legal Information Institute. Rule 48 – Dismissal This power exists apart from the Speedy Trial Act.
In some cases, particularly those involving corporations or first-time offenders, the government may offer a deferred prosecution agreement. The charges are filed but held in suspension while the defendant meets specified conditions, like paying restitution, cooperating with an investigation, or implementing compliance programs. Satisfy the conditions and the charges are dismissed. Fall short and the prosecution proceeds on the original charges.
The Charges Are Now Public
Federal criminal charges are public records. Anyone can view them through PACER, the federal court system’s online portal; registration is free, and documents are available around the clock.14PACER. Find a Case Document access costs $0.10 per page, and quarterly charges of $30 or less are waived entirely. Searches work by defendant name, case number, or the specific federal district court. State court records sit on different systems with their own rules.
This visibility is something defendants often underestimate. An indictment or information becomes available to employers, landlords, journalists, and anyone else who looks. Even if the charges are later dismissed, the record of the filing stays in PACER unless a court orders it sealed, which rarely happens in federal cases.