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Federal court: how a case moves

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A federal case moves through seven stages, from the first police contact to sentencing. Below is each stage in order, then the time limits that apply and what to avoid. The steps are the same ones our What happens next tool shows.

Current as of November 11, 2026. We re-check this page regularly and after any rule change.

Mikhail Usher outside a federal courthouse

The stages, in order

Your case may not pass through every stage, and a lawyer who knows your charge can tell you which ones apply. Read them in order, because what you can do changes at each one. If you want to pick your stage and see only the steps that fit, use the What happens next tool.

  1. Under investigationA target letter means prosecutors see you as a likely defendant; bring it to a lawyer right away. [1]Prosecutors sometimes give a target a chance to testify before indictment, but they are not required to. [2]Say clearly that you want a lawyer and will not answer questions; staying silent alone may not be enough. [3]If you are in custody and say you want a lawyer, police questioning must stop until a lawyer is present. [4]You are protected against unreasonable searches, and a search warrant needs probable cause sworn under oath. [5]If officers arrive with a warrant, stay calm, don't resist, ask for a copy and call your lawyer.Call a lawyer now, before any interview, so the lawyer can deal with the police for you.
  2. ArrestedAfter an arrest you must be taken before a magistrate judge without unnecessary delay. [6]At the initial appearance the judge tells you about the complaint, your right to a lawyer, release, and your right not to make a statement. [7]If you are not a U.S. citizen, you may ask that your consulate be notified. [7]Ask for a lawyer and say nothing about the case; once you ask, police questioning must stop. [4]Police generally need a warrant to search the data on a phone taken at the arrest. [8]Family can call a lawyer now so one is ready for the first court appearance.
  3. ArraignedAn indictment or information must be filed within 30 days of the arrest or summons, subject to exceptions. [9]A preliminary hearing is held within a set time unless you are indicted first. [10]Your lawyer reviews the complaint with you and starts building the defense file.
  4. ChargedA federal felony must be charged by grand jury indictment unless you waive it in open court. [11]At arraignment you get a copy of the indictment or information and are asked to plead. [12]On your request, the government must disclose listed items such as your statements and prior record; the rule sets no fixed number of days. [13]
  5. Plea offerYour lawyer goes over the offer with you, line by line, before any decision.Before accepting a plea the judge must address you personally in open court and find a factual basis; the judge may not take part in plea talks. [14]Ask your lawyer what the offer would mean for your record, your job and your immigration status.
  6. TrialTrial must start within 70 days of the indictment or information or your first appearance, whichever is later, not counting excluded periods, and not less than 30 days after you first appear with a lawyer unless you agree in writing. [15]Your lawyer prepares the defense with you and goes over how each trial day works.You have the right to a speedy and public trial by an impartial jury, to confront the witnesses and to a lawyer. [16]No one can force you to be a witness against yourself. [17]
  7. After sentencingIf you want to appeal, a notice of appeal must be filed in the district court within 14 days after the judgment is entered. [18]Follow every term of the sentence or supervised release exactly, and keep proof that you did.Ask your lawyer about any immigration effects of the conviction.

Deadlines

These are the time limits the tool shows for federal court. Some apply only if you are held in custody, and they are labeled that way. Time often runs from a date on your own paperwork, so give every paper you receive to your lawyer.

Arrested

  • If you are held in custody: Detention hearing at the first appearance; a defense continuance may not exceed five days and a government continuance three days, not counting weekends and holidays, except for good cause. [19] (as of November 11, 2026)

Arraigned

  • Indictment or information within 30 days of arrest or service of a summons, subject to exceptions. [9] (as of November 11, 2026)
  • If you are not held in custody: Preliminary hearing no later than 21 days after the initial appearance if you are not in custody, unless you are indicted or a felony information is filed first. [10] (as of November 11, 2026)
  • If you are held in custody: Preliminary hearing no later than 14 days after the initial appearance if you are in custody, unless you are indicted or a felony information is filed first. [10] (as of November 11, 2026)

Charged

  • Trial must start within 70 days of the indictment or information or your first appearance, whichever is later, not counting excluded periods. [15] (as of November 11, 2026)

Trial

  • Trial within 70 days of the indictment or information or your first appearance, whichever is later, not counting excluded periods. [15] (as of November 11, 2026)
  • If you are held in custody: If you are detained, trial must start within 90 days of the start of continuous detention, not counting excluded periods. [20] (as of November 11, 2026)

After sentencing

  • Notice of appeal: within 14 days after the later of entry of the judgment or the government's notice of appeal. [18] (as of November 11, 2026)

What not to do

  • Do not talk to the police or investigators about the case without a lawyer. Ask for a lawyer and then stop talking.
  • Treat every jail call as recorded. Do not discuss the case on it, and tell family not to.
  • Do not contact the person who made the accusation, directly or through anyone else.
  • Do not post about the case, the arrest or anyone involved, and do not delete messages, photos or files.
  • Do not miss a court date or ignore a paper from the court. Tell your lawyer about every date.

If you receive a target letter, a subpoena or a call from an agent, do not respond, hand over documents or agree to an interview until a lawyer has read it with you.

Charges and first steps in federal court

If you know the charge, start with its page: White collar charges, Fraud, PPP and loan fraud, Money laundering, Conspiracy, Drug charges. The full list is on the charges page.

If the arrest just happened, read what to do right now, then arraignment and bail and release. If you are a relative of the person arrested, start with the family page. To see the steps for your exact stage, use What happens next. Other courts: all the courts we appear in.

Sources

  1. Justice Manual § 9-11.151 (updated Jan. 2020). Current as of November 11, 2026. Official text
  2. Justice Manual § 9-11.153. Current as of November 11, 2026. Official text
  3. Berghuis v. Thompkins, 560 U.S. 370 (2010). Current as of November 11, 2026. Official text
  4. Miranda v. Arizona, 384 U.S. 436 (1966). Current as of November 11, 2026. Official text
  5. U.S. Const. amend. IV. Current as of November 11, 2026. Official text
  6. Fed. R. Crim. P. 5(a)(1)(A). Current as of November 11, 2026. Official text
  7. Fed. R. Crim. P. 5(d)(1). Current as of November 11, 2026. Official text
  8. Riley v. California, 573 U.S. 373 (2014). Current as of November 11, 2026. Official text
  9. 18 U.S.C. § 3161(b). Current as of November 11, 2026. Official text
  10. Fed. R. Crim. P. 5.1(a), (c). Current as of November 11, 2026. Official text
  11. Fed. R. Crim. P. 7(a)(1), (b); U.S. Const. amend. V. Current as of November 11, 2026. Official text
  12. Fed. R. Crim. P. 10(a). Current as of November 11, 2026. Official text
  13. Fed. R. Crim. P. 16(a)(1), (c). Current as of November 11, 2026. Official text
  14. Fed. R. Crim. P. 11(b)(1), (b)(3), (c)(1). Current as of November 11, 2026. Official text
  15. 18 U.S.C. § 3161(c)(1), (c)(2), (h). Current as of November 11, 2026. Official text
  16. U.S. Const. amend. VI. Current as of November 11, 2026. Official text
  17. U.S. Const. amend. V. Current as of November 11, 2026. Official text
  18. Fed. R. App. P. 4(b)(1)(A). Current as of November 11, 2026. Official text
  19. 18 U.S.C. § 3142(f). Current as of November 11, 2026. Official text
  20. 18 U.S.C. § 3164(b), (c). Current as of November 11, 2026. Official text

Arrested, or think you might be? Call before you answer any questions.

Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.

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