If the Supreme Court decides not to review the offender’s case (or, if it does, but upholds his conviction and sentence), the judgment against the offender now is final. If the court denies the defense motion, the defense may present its own case, and the prosecutor may cross-examine any witnesses presented by the defense. A motion is the name given to papers filed with the district court asking it to do something in the case.

To help federal crime victims better understand how the federal criminal justice system works, this page briefly describes common steps taken in the investigation and prosecution of a federal crime. You should have multiple sets of fingerprints taken, preferably by a fingerprinting technician. You may use the fingerprint card provided by the printing agency. Upon receipt of an official communication from the agency with control over the data, the FBI will make appropriate changes and notify you of the outcome. The purpose of the trial is to decide whether the government can prove beyond a reasonable doubt the truth of the charges against the accused, but a victim is not a bystander in that process. If the jury or judge finds the defendant guilty of at least one count charged in the indictment, the court will impose some sentence on the offender. The defense is entitled to cross-examine any witnesses questioned by the government. When the jury has reached its decision, the jury will return to the courtroom and announce its verdict. Note: If you need additional sealed responses mailed to the same address or a separate address, you must submit an additional request with another payment of $18 for each sealed response requested. Under federal law, you can use your Identity History Summary to review, correct, or update your own personal record. Afterwards, the jury will retire to decide the case. The Criminal Investigative Division (CID) is a division within the Criminal, Cyber, Response, and Services Branch of the Federal Bureau of Investigation. For example, a victim may be called to testify as a witness to the crime or to explain how the victim was harmed by the crime. For most of the 20th century, an imprisoned offender could be released on parole before completing his sentence. Mail all fingerprint cards to the FBI with your request. If the defendant and his attorney already have negotiated with the prosecutor and have agreed upon a plea bargain, the defendant may enter a guilty plea at the arraignment as part of the plea bargain. Instead, the FBI accesses the state’s system for authorized purposes to review the record. If a plea agreement has been reached, the government and defense counsel present that agreement to the court. The offender can challenge his conviction or sentence in a habeas corpus proceeding, but there are only limited opportunities for the offender to obtain that relief. Please note that an FBI-approved Channeler may have different methods or processes for submissions. In some cases, the defendant may be released at the initial appearance. In a capital case, voir dire is split into two phases: the general voir dire phase and the death qualification phase. Pursuant to that law, the FBI is empowered to exchange Identity History Summary information with officials of state and local governments for employment, licensing—which includes volunteers—and other similar noncriminal justice purposes, if authorized by a state statute which has been approved by the Attorney General of the United States. Once the government has completed its case, the defense may move the court to acquit the defendant, on the ground that there is legally insufficient evidence to convict. If the court accepts the agreement, the court will set a date for sentencing and decide whether the defendant should be held in custody until then. If that court does not grant the offender the relief he seeks, he or she can ask the U.S. Supreme Court to review the case, but the Supreme Court has discretion whether to review an offender’s case, and it reviews very few federal criminal cases each year. Not every step described below will occur in every case. You may contact the respective State Identification Bureau for assistance, and, if applicable, request that they provide the FBI with updates to your Identity History Summary. After arraignment and before trial, the defendant and the government engage in the discovery and motions process. Ordinarily, a trial is held before a jury, but there are circumstances in which the case will be tried to the judge alone, which is known as a bench trial. The probation officer will investigate any aggravating and mitigating factors present in the case and will prepare a pre-sentence report summarizing those factors for the judge.

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