Criminal Defense Information Center > Federal Court FAQ's
Federal Court Frequently Asked Questions
Attorney Representation in Houston, Texas since 1982
- Will I be released on bond?
- How are the federal courts structured?
- How do I file a criminal case?
- How can I check the status of a particular case?
- How quickly does a court reach a decision in a particular case?
- Who appoints federal judges?
- How are judges assigned to a particular court?
- How are judges assigned to specific cases?
- What is a U.S. Magistrate Judge?
- Where are the federal courthouses located?
- How do I find a good criminal defense attorney to represent me in a federal trial?
1. Will I be released on bond?
Maybe. Maybe not. Notwithstanding what you think the Bill of Rights says there is no absolute right to a bond in Federal Court. A law called the Bail Reform Act provides that under certain conditions the Court can detain without bond a person accused of a crime. Even if you get a bond it might be so high that you are unable to post it which is almost the same as having no bond. For more information, click here.
2. How are the federal courts structured?
The federal court system is broken up into three main parts: Trial, Appellate, and Supreme Courts.
3. How do I file a criminal case?
Individuals may not file criminal charges in federal courts. A criminal proceeding is initiated by the federal government, usually through the U.S. Attorney's office in coordination with a law enforcement agency. Allegations of criminal behavior should be brought to the attention of the police, FBI, or other appropriate law enforcement agency.
4. How can I check the status of a particular case?
The clerk's office responds to most inquiries on the status of a case free of charge. There is a fee to conduct certain searches and retrieve certain information, and to make copies of court documents. Most federal courts have automated systems that allow for the search and retrieval of case-related information at the public counters in the courthouse, and electronically from many other locations. In many bankruptcy and appellate courts, telephone information systems enable callers to obtain case information by touch-tone phone. Court dockets and opinions are also available on the internet. Consult your specific court clerk for more information.
5. How quickly does a court reach a decision in a particular case?
All cases are handled as expeditiously as possible. The Speedy Trial Act of 1974 establishes time requirements for the prosecution and disposition of criminal cases in district courts. As a result, federal courts must give priority to the scheduling of criminal cases in district courts. The Act normally allows only 70 days from a defendant's arrest to the beginning of the trial.
6. Who appoints federal judges?
Supreme Court justices, court of appeals judges, and district court judges are nominated by the President of the United States and confirmed by the United States Senate, as established by the Constitution. The names of potential nominees often are recommended by Senators or sometimes from members of the House who are of the President's political party. The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. Article III of the Constitution states that these judicial officers are appointed for a life term. The Federal Judiciary, the Federal Judicial Conference of the United States, and the Administrative Office of U.S. Courts play no role in the nomination and confirmation process.
7. How are judges assigned to a particular court?
Each federal judge is commissioned to a specific court. Judges have no authority to hear cases in other courts unless they are formally assigned to do so. Because of heavy caseloads in certain districts, judges from other courts are often asked to hear cases in these districts.
8. How are judges assigned to specific cases?
Judge assignment methods vary, but the basic considerations in making assignments are to assure an equitable distribution of caseload among judges and to avoid "judge shopping." The majority of courts use some variation of a random drawing under which each judge receives roughly an equal caseload.
9. What is a U.S. Magistrate Judge?
Magistrate judges are appointed by the district court to serve for eight-year terms. Their duties fall into four general categories: conducting most of the initial proceedings in a criminal case (including, but not limited to search and arrest warrants, detention hearings, probable cause hearings, and appointment of attorneys); trial of certain criminal misdemeanor cases,; trial of civil cases with the consent of both parties,; and conducting a wide variety of other proceedings referred to them by district judges (including deciding motions, viewing petitions filed by prisoners, and conducting pretrial and settlement conferences).
10. Where are the federal courthouses located?
Galveston: 601 Rosenburg (25th Street) - Galveston, TX 77550
Houston: 515 Rusk Street - Houston, TX 77002
11. How do I find a good criminal defense attorney to represent me in a federal trial?
If you are reading this, you are already at the right place. Call the expert legal team at Tad Nelson and Associates immediately at 1-888-765-5614 to schedule an appointment today.
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