FEDERAL COMPLAINT

[JACKI due]

Jurisdiction

California

HOW LONG CAN THE FEDS HOLD MY SON ON A FEDERAL COMPLAINT? NO FORMAL INDICTMENT. AND WHAT CAN I/HE DO IF THAT TIME HAS PASSED?

 

[army judge]

HOW LONG CAN THE FEDS HOLD MY SON ON A FEDERAL COMPLAINT? NO FORMAL INDICTMENT. AND WHAT CAN I/HE DO IF THAT TIME HAS PASSED?

You can, if you wish pray for him.
You can, if you wish, put money on his commissary account.
You can send him letters, cards, and reading material.
You can visit him, according to the rules of the facility where he's confined.
You can HIRE a criminal defense attorney if you wish.
You can tell him NOT to discuss his charges, or any other aspect of his case with ANYONE but his attorney(s).
You can remind him to use his RIGHT to remain silent at all times.
You can be cheerful to keep his spirits up.
You can financially support him as he goes through these difficult times.




A criminal complaint is prepared by the US Attorney's office in conjunction with the law enforcement agency that investigates a case (FBI, IRS, Secret Service, DEA, HSI,etc...).

The complaint is presented to a Federal Magistrate who determines if there is probable cause that a Federal crime has been committed and that the defendant charged allegedly committed said crime(s).

The defendant can't be convicted based solely upon the criminal complaint. It is just a process which allows the government to initiate a criminal case.

Once the complaint is filed and the defendant is made aware of it, the government has 30 days to present the case to a Grand Jury for an indictment to enable the case to move forward.

See Federal Rules of Criminal Procedure, Rules 3-9 below:

Federal Rules of Criminal Procedure

The indictment lodges formal criminal charge(s) against an individual handed up by a Federal Grand Jury. The grand jury is comprised of 23 citizens who are gathered under authority a federal law to hear preliminary evidence in an effort to determine if there is enough proof that said individual or other entity committed a Federal crime(s). Grand juries meet in secret to accomplish their duties.

If the Grand Jury determines that there is reasonable cause to believe a federal crime(s) was (were) committed and the person charged committed alleged crime(s), they vote to indict the accused. The US Attorney's Office prepares the document and presents it to the court.

Once the indictment is filed with the court, the criminal case begins. Once the matter has reached this level, the defendant will served with the indictment(s). It is also not usual for the Feds to issue subsequent indictments, as more evidence is discovered. These are called superseding indictments.

FRCP Rule 16:

Fed. R. Crim. P. 16 - Discovery and inspection

More information, if you're still curious:

Federal Law Enforcement & Investigative Agencies: More Than Just the FBI

The Federal Districts

Prosecutorial Offices and Judges


By Federal law, once an indictment is filed and the defendant is aware of it, the case must proceed to trial within 70 days. (NOTE: That deadline isn't hard and fast for the reason I set forth next.)

In that time, according to Federal criminal procedure law, particularly Rule 16, the government must provide the defendant and his counsel with all the documents it intends on using in the case, as well as other materials.

WHAT CAN I/HE DO IF THAT TIME HAS PASSED?

He can speak to HIS attorney of record.

He should NOT be discussing ANY aspect of the case or the charge(s) with anyone BUT his attorney.

You could help him by NOT asking him about the case, NEVER discuss the case if you visit him in person in jail, or talk to him via the telephone.

Just so you know, all telephone calls originating from a jail (or other confinement facility) are RECORDED. The prosecutor WILL use anything and everything he says against him.

Again, he should ONLY talk about the case with his attorney, not with other inmates, friends, or family.

 

[adjusterjack]

WHAT CAN I/HE DO

Does he have a lawyer?

If not, he needs to get one.

 

[zddoodah]

TURN OFF THE CAPS LOCK KEY!

HOW LONG CAN THE FEDS HOLD MY SON ON A FEDERAL COMPLAINT?

Depends on the relevant facts and circumstances.

WHAT CAN I/HE DO

The most obvious thing you could do (assuming you have the financial means) is hire a lawyer to represent his interests.