top of page

How the Case Begins

A federal criminal case usually begins with an arrest. 

Often federal agents will question a suspect without making a formal arrest, but a federal court case does not officially begin until charges are filed by a federal prosecutor in federal district court.

When someone is arrested, they have a right to remain silent. Arresting officers are supposed to read these rights (known as Miranda rights) to the suspect. Miranda rights can be waived and officers frequently seek a waiver. Sometimes it is in a suspect’s interest to waive these rights, but generally speaking, if you are accused of a crime it is a bad idea to talk to law enforcement without an attorney. 

Obtaining a lawyer’s advice is always the smart thing to do, since anything you say to law enforcement is potentially admissible in court.

Image by Mick Haupt
bottom of page