System Overview
This reference follows a federal criminal case from investigation through custody and release. Each stage has its own section, and every legal statement in it links to the statute, rule or decision that supports it.
The stages
- Investigation and charging: how a federal case begins and when charges must be brought.
- Pretrial: initial appearance, release or detention, and the Speedy Trial Act.
- Plea and trial: pleas, trial, and motions after the verdict.
- Sentencing: the presentence report, guidelines and the judgment.
- Direct review: appeal to the court of appeals and review by the Supreme Court.
- Post-conviction: motions under 28 U.S.C. § 2255, habeas petitions and other remedies after the appeal.
- Sentence modification: ways a sentence can be reduced or corrected after it is imposed.
- Prison and sentence execution: how the Bureau of Prisons carries out a sentence, including credits and administrative remedies.
- Supervision and reentry: supervised release, its conditions and revocation.
Circuit notes record where a court of appeals departs from or adds to the nationwide rules. The district court directory links each court to its official local rules.
What to know before you start
The right path through the process depends on the facts of the case. Gather these first:
- the court and the circuit where the case was or is pending;
- where the case stands now, and the dates of the judgment and of any appeal decision;
- whether the person is in custody, and where;
- the decision being challenged and the relief being sought;
- any earlier motions, appeals or petitions, and how they were decided;
- the deadlines that may apply and the events that start them;
- the local rules and standing orders of the court involved.
How to read the records
Each statement of law is a separate record linked to its authorities. Most records state current law. A record marked historical describes how the law stood at an earlier time, and a record marked partially verified is supported for only part of what it says. A nationwide rule does not settle a question the controlling circuit has decided differently, and no record predicts the outcome of a particular case.