Indicted in Federal Court: Part 1 – The Charge and Initial Appearance
You’ve Been Charged in Federal Court: What Happens First?
Being charged with a federal crime is overwhelming. For many people, it’s the first time they’ve ever set foot inside a federal courthouse. The process feels foreign compared to state court, and the stakes are often higher. This post breaks down what happens immediately after charges are filed so you know what to expect.
How Federal Charges Are Filed
Federal charges usually begin in one of three ways:
Criminal Complaint – Used at the very beginning of a case. It’s supported by an affidavit from a federal agent and approved by a magistrate judge.
Indictment – A formal charge issued by a grand jury. This is the most common way serious federal cases begin.
Information – A charge filed directly by the prosecutor. This usually happens when a defendant agrees to waive the right to grand jury indictment, often as part of a plea deal.
The Initial Appearance
The very first court hearing is called the Initial Appearance. This usually happens within 24–48 hours after arrest. At this hearing:
You will appear before a U.S. Magistrate Judge.
The judge will explain the charges against you.
The judge will make sure you understand your constitutional rights, including the right to remain silent and the right to an attorney.
If you cannot afford a lawyer, the court will appoint one through the Criminal Justice Act (CJA) Panel or the Federal Public Defender’s Office.
This hearing sets the stage for everything that comes next.
The Importance of Silence and Counsel
One of the most important things to remember at this stage: do not talk about your case without your attorney present.
Federal agents and prosecutors are listening carefully.
Anything you say—even casually—can and will be used against you.
Your lawyer is your shield. Let them speak for you.
What Comes Next
At the end of the Initial Appearance, the judge may set the next hearing (often a detention hearing to decide bond). From here, the case begins moving forward through the federal criminal process.
First 24 Hours Checklist
If you or a loved one has been charged in federal court:
✔️ Stay calm and exercise your right to remain silent.
✔️ Ask for an attorney immediately—do not waive this right.
✔️ Make sure your family knows who to contact for legal representation.
✔️ Keep copies of all court documents for your lawyer.
Facing federal charges is intimidating, but knowledge is power. The Initial Appearance is only the first step in the process—and it’s one you don’t have to face alone.