An indictment is a grand jury's written finding of probable cause. It authorizes the government to prosecute; it is not evidence, and it is not a finding that anyone did anything. What follows is a defined sequence that is largely the same in every federal district.
Arrest, initial appearance, and detention
A defendant either is arrested on a warrant issued with the indictment or, more commonly in white-collar and non-violent cases, is permitted to self-surrender through counsel. Either way the first court event is an initial appearance before a United States magistrate judge, ordinarily the same or next business day. The magistrate judge confirms identity, advises the defendant of the charges and of the right to counsel, appoints counsel if the defendant qualifies, and addresses release.
Release is governed by the Bail Reform Act, 18 U.S.C. § 3142. The default is release on the least restrictive conditions that will reasonably assure appearance and community safety. The government may move for detention, and in certain categories of case a rebuttable presumption of detention applies. If detention is contested, the court holds a hearing at which both sides may proffer evidence. A detention order can be reviewed by the district judge and appealed.
Arraignment and the Speedy Trial clock
At arraignment the defendant is formally advised of the charges and enters a plea, which at this stage is not guilty in essentially every case. The court enters a scheduling order and discovery obligations begin.
The Speedy Trial Act, 18 U.S.C. § 3161, requires trial to begin within 70 days of indictment or initial appearance, whichever is later. In practice the clock is tolled by "excludable" periods: pending motions, competency proceedings, interlocutory appeals, and continuances granted in the interests of justice. Complex cases routinely run far longer than 70 days by agreement, because the defense needs the time to review discovery — but the exclusion must be found on the record.
Discovery
Federal criminal discovery is narrower than civil discovery. Rule 16 requires the government to produce the defendant's own statements, the defendant's criminal record, documents and objects material to the defense or that the government intends to use in its case-in-chief, examination and test results, and expert disclosures. The Constitution adds Brady material — evidence favorable to the accused and material to guilt or punishment — and Giglio material bearing on the credibility of government witnesses. The Jencks Act governs the timing of witness statements, which need not be produced until after the witness testifies on direct, though most districts and many prosecutors produce earlier.
In document-heavy cases the volume is the problem. Productions of hundreds of thousands of pages, imaged devices, and structured data sets are ordinary, and the defense work of organizing and searching that record is the substance of the pretrial period.
Pretrial motions
Rule 12 motions must be raised before trial. The recurring categories are motions to dismiss the indictment for failure to state an offense, for multiplicity or duplicity, or for grand jury abuse; motions to suppress evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments; motions to sever counts or defendants; motions for a bill of particulars; motions in limine over the admissibility of evidence under Rules 403, 404(b), and 702; and venue challenges. Suppression motions frequently require an evidentiary hearing at which agents testify — often the first time the defense hears a government witness under oath.
Plea negotiation
Negotiation runs in parallel with all of the above. Rule 11 governs pleas. Agreements are typically structured under Rule 11(c)(1)(B), in which the government makes a non-binding recommendation and the court remains free to sentence as it sees fit, or Rule 11(c)(1)(C), in which the parties agree to a specific sentence or range that binds the court if it accepts the agreement. Most agreements include appellate waivers and cooperation provisions where applicable.
The guidelines exert enormous pressure here. A timely acceptance of responsibility reduces the offense level, and the difference between the post-plea and post-trial guideline range in a serious case can be measured in years.
Trial, verdict, and sentencing
If the case is tried, jury selection, opening statements, the government's case-in-chief, Rule 29 motions, any defense case, closing arguments, instructions, and deliberation follow in that order. A verdict must be unanimous. An acquittal is final and cannot be appealed by the government.
Conviction, whether by plea or verdict, is followed by a presentence investigation conducted by United States Probation, which produces a report calculating the guidelines range and describing the offense and the defendant's history. Both sides object to the report, brief disputed guideline issues, and argue the sentencing factors in 18 U.S.C. § 3553(a). Sentencing typically occurs about three months after conviction. Judgment triggers a 14-day window to file a notice of appeal.