Federal Court Procedures

Question 1

What is the Federal Court system order? Highest to lowest

Answer 1

Supreme Court
Circuit Courts of Appeals
District Courts
Magistrate Courts

Question 2

A felony must be trailed in what court?

Answer 2

U.S District Court

Question 3

Does a Magistrate Court need to get the defendants consent to try a infraction?

Answer 3

No

Question 4

Does a Magistrate Court need the defendant consent to try a class A misdemeanor?

Answer 4

Yes.

Question 5

What happens if the defendant doesn’t consent to try a Class A misdemeanor in a U.S Magistrate Court?

Answer 5

Its trailed in a U.S District Court

Question 6

What is a class A misdemeanor?

Answer 6

6 months to a 1yr

Question 7

What is a Class B misdemeanor?

Answer 7

6 months or less

Question 8

What is a Class C misdemeanor?

Answer 8

30 days or less

Question 9

For what offense can you get only 5 days or less?

Answer 9

Infractions

Question 10

What is the Information legal document?

Answer 10

A written statement of charges formally accusing the defendant that is filed by an AUSA. P/C for warrant on a misdemeanor.

Question 11

An arrest warrant may be obtained with what?

Answer 11

Criminal Complaint
Indictment
Information

Question 12

An arrest warrant requires the defendant to appear in court to answer to what?

Answer 12

Criminal Charges

Question 13

What happens at the initial appearance?

Answer 13

The magistrate judge advises defendant of the charges and their rights

Question 14

What hearing will determine if the defendant will be held without bail?

Answer 14

Detention Hearing

Question 15

Who will determine whether the defendant will be held without bail?

Answer 15

Magistrate

Question 16

If a defendant is arrested in the District where the crime occurred where must the initial appearance be?

Answer 16

In the same district. No other options if this is the case.

Question 17

How can the initial appearance occur in the adjacent district?

Answer 17

If the adjacent district can occur more promptly than in district of arrest or…
Adjacent district if it is the District where crime was committed AND can have initial appearance on same day.

Question 18

What is full diplomatic immunity?

Answer 18

Diplomats cannot be arrested or prosecuted for any criminal actions.

Question 19

What should you do if you encounter a Diplomat?

Answer 19

DETAIN and contact the Department of State to VERIFY the Diplomatic status.

Question 20

What do you do if Diplomatic status has been verified?

Answer 20

Do no arrest

Investigate and prepare an incident report

Question 21

If the arrested foreign national’s country of origin is on the mandatory notification list of the Vienna Convention on Consular Relations (VCCR) then the arresting officer should…

Answer 21

Notify the foreign national’s consular officials without delay.

Question 22

What is the purpose of a preliminary hearing?

Answer 22

To determine whether PC exists to continue the defendants case.

Question 23

What is a reason why a preliminary hearing will not be held?

Answer 23

If defendant waives it (the defendant may waive the preliminary hearing)
or if the defendant was indicted by a grand jury.

Question 24

What is the purpose of a Grand Jury?

Answer 24

Determine if PC exists

Conduct criminal investigations

Question 25

Grand Jury can only investigate what kind of matters and in which districts?

Answer 25

Criminal matters only in the districts where they sit.

Question 26

Can a Grand Jury subpoena be used to investigate offenses that have already been indicted?

Answer 26

NO! Would need a search warrant or should’ve been done before indictment.

Question 27

For what can Fed and state LEOs be given access to Grand Jury matters?

Answer 27

For purpose of enforcing Federal criminal law.

Question 28

For what can another AUSA be given access to Grand Jury matter?

Answer 28

For the purpose of enforcing Federal Criminal law.

Question 29

Can another Grand Jury be given access to Grand Jury matters if they are in another district?

Answer 29

Yes.

Question 30

If a capital offense is being tried in a district court what is the minimum charging document?

Answer 30

Indictment

Question 31

If a non-capital offense felony is being tried in a district court what is the minimum charging document?

Answer 31

Indictment, unless waived.

If waived then it will be done by Information.

Question 32

Under Rule 16, the defense gets what upon request?

Answer 32

Most statements made by the defendant (written or recorded)

Question 33

Who conducts pre-sentencing investigation (PSI) and writes pre-sentencing report??

Answer 33

U.S. Probation Officer

Question 34

What is a summons?

Answer 34

Issued by a judge, served on a defendant, and requires that the defendant appear before court at a stated time and place.

Question 35

What is rule 5a?

Answer 35

States that upon arrest, suspect must be taken to initial appearance before a magistrate judge without necessary delay

Question 36

IF Cack was arrested in District B for working a pole to hard on a Monday night in District A , can the initial appearance be in District C (Adjacent to B)?

Answer 36

Yes.

Can be a adjacent district if the initial appearance can occur more promptly in the adjacent district.

Question 37

IF Patt was arrested for committing a crime (indecent exposer of man boobs) in District A and arrested in District A could he be tried in District B? (. ) ( .)

Answer 37

No.
When the defendant is arrested in any district other than the one in which the crime occurred it must be done in that same district.