Understanding the Federal Court System

To the extent possible, a separate waiting area will be provided for you away from the

defendant and defense witnesses during court proceedings. Emotional support and

assistance will also be provided to you during these proceedings.

Upon your request, assistance will be provided in talking with your employer if your

cooperation in the investigation or prosecution of the crime causes you to be absent

from work. Likewise, if the crime prohibits your ability to make timely payments to

creditors, assistance notifying the creditor will be provided.

You will be provided with information or assistance concerning transportation, parking,

lodging, translator and related services which may be needed during court proceedings.

When needed, you will be provided referrals to existing agencies for shelter, counseling,

compensation, and other types of assistance services.

If you are a victim of sexual assault, you may be eligible for anonymous and confidential

testing for sexually transmitted diseases. Please contact the Victim-Witness Specialist if

this is one of your concerns.

If you have questions about the case in which you are involved, you should feel free to

call either the Victim-Witness Coordinator or the Assistant U.S. Attorney handling the

case and ask questions. Also, the Victim-Witness Coordinator or Assistant U.S. Attorney

may be contacting you throughout the case. The court may release the defendant

pending trial under conditions that satisfy the court. Nevertheless, if you have any

concerns about the conditions of the defendant’s release, please discuss them with the

Victim-Witness Coordinator or the Assistant U.S. Attorney handling the case.

If anyone threatens you, or you feel that you’re being harassed because of your

involvement with the case, you should immediately notify the U.S. Attorney’s Office, the

Federal Bureau of Investigation (FBI), or the law enforcement agency conducting the

investigation. All of these telephone numbers are listed in your telephone directory under

United States Government. If it is an emergency, you should call 911.

CAN THE DEFENSE CONTACT VICTIMS AND WITNESSES?

The U.S. Attorney’s Office often receives calls from witnesses asking about their rights if

a defense attorney or a defense investigator contacts them. Witnesses do not belong to

either side of a criminal case. Even though you may be subpoenaed first by the

prosecution or by the defense, it is proper for the other side to contact you. While it is the

prosecution that is asking for your cooperation in this case, you may be contacted by the

defendant’s attorney or an investigator for the defendant for an interview. While you may

discuss the case with them if you wish to do so, you also have the right not to talk to

them. If you do agree to an interview with a representative of the government or the

defense, here are some suggestions on how to deal with it:

• First and foremost, you should always tell the truth.

• If you speak to an attorney or an investigator for the government or the defense,

they may write down what you say and ask you to sign what they have written.

• You do not have to sign the statement. However, any statement made during an

interview, even if not signed, may be used to try to challenge or discredit your

testimony in court, if your testimony differs from that statement. This even applies

to oral statements that are not reduced to writing at all.

• If you decide to sign a written statement, make sure you read it over very

carefully beforehand and correct any mistakes.

• We encourage you not to discuss the case with members of the press.

Since you are a potential witness in a criminal case, the rights of the government

and the defendant to a fair trial could be jeopardized by pre-trial publicity.

The assigned Assistant U.S. Attorney may discuss various aspects of the case with you

to prepare you for testifying in court. The Assistant U.S. Attorney will want to hear your

concerns and answer all your questions about the case and about courtroom

procedures. However, there may be some questions that the Assistant U.S. Attorney

cannot answer because federal law prohibits disclosure of certain events occurring

before a grand jury that are not public.

WHAT HAPPENS IN A CRIMINAL CASE?

Witnesses are not needed at every step in the process. Not every step is taken in every

case. In fact, some cases end before they reach trial. Even so, we wish you to know all

the steps of a criminal prosecution.

Types of Crimes

Any offense punishable by death or imprisonment exceeding one year is called a

felony. Any criminal offense punishable by imprisonment for less than one year is a

misdemeanor. Any misdemeanor that carries a penalty of imprisonment for not more

than six months, a fine of not more than five hundred dollars ($500), or both, is a petty

offense.

Felonies are the most serious crimes. Misdemeanors include such offenses as minor

assaults, simple possession of controlled substances, some tax law violations, and other

offenses. Petty offenses include offenses against traffic laws as well as many regulations

enacted by agencies of the United States.

Initiating Charges

Some cases begin when an Assistant U.S. Attorney, working with a law enforcement

officer, files a criminal complaint before a U.S. Magistrate Judge. This complaint is a

statement of facts, made under oath. The statement sets out all the facts which show

that the defendant violated the laws of the United States. If the Magistrate Judge accepts

the complaint, a summons or arrest warrant will be issued for the defendant. In some

cases, the defendant may have been arrested without a warrant. In these cases, the

defendant is presented to the Magistrate Judge at the time the complaint is filed.

Victims and witnesses of federal offenses may be interviewed by a law enforcement

officer prior to the filing of a complaint. In those situations, the law enforcement officer

will tell the Assistant U.S. Attorney assigned to the case about these

statements. Sometimes the Assistant U.S. Attorney may wish to interview the witnesses

in person.

Other cases begin when a grand jury indicts the defendant. A grand jury is a group of

twenty-three (23) citizens from across the state who meets to examine the evidence

against people who may be charged with a crime. The work is done in complete secrecy.

Secrecy protects the grand jurors, the persons involved in the investigation and ensure

no one tampers with the investigation or flees prosecution. Only an Assistant U.S.

Attorney, a stenographer, and witnesses who give evidence before a grand jury are

present.

Although a grand jury is not a trial, it is a serious matter. Witnesses are put under

oath. Their testimony is recorded and may later be used during the trial. If you are asked

to testify before the grand jury, it is important to review carefully what you remember

about the crime before testifying. You must tell the truth. You will probably meet with the

case agent or the Assistant U.S. Attorney before you meet with the grand jury. This will

help you get ready for your grand jury appearance.

After hearing the evidence presented by the Assistant U.S. Attorney, the grand jury will

decide whether there is probable cause to believe the defendant committed the crime

and should be prosecuted. Grand jury charges against a defendant are called

“indictments.” If the grand jury finds that the case should not be prosecuted, they will

return a “no true bill.”

Not every witness in a serious crime is called to testify before the grand jury. Sometimes

the grand jury will issue indictments on the basis of an officer’s testimony alone.

The Initial Appearance

This is the defendant’s first hearing after arrest. It takes place before a U.S. Magistrate

Judge, usually the same day the defendant is arrested. Witnesses are not needed at

these hearings. The initial appearance has three purposes. First, the defendant is told

his or her rights and the charges are explained. Second, the defendant is assisted in

making arrangements for legal representation, and may be appointed an attorney by the

court. Third, the court determines whether or not the defendant can be released on bail.

Many defendants charged with a felony are released at the end of the hearing. Either

they have posted bail or they have been released on conditions which include their

promise to return for future hearings or the trial. Those conditions may include the

requirement that they not personally contact witnesses in the case. In rare cases, the

defendant will be detained without bail.

Preliminary Hearing

A preliminary hearing is held only when criminal charges are instituted by complaint. The

purpose of this hearing is to determine whether there is cause to believe that the

defendant has committed the offense charged. The burden is on the Assistant U.S.

Attorney to produce sufficient evidence to support this finding. The Assistant U.S.

Attorney does not have to prove at this hearing that the defendant is guilty, but must

present evidence to show that there is good reason to proceed with the charges against

the defendant. The date for this hearing is set at the initial appearance.

Usually the law enforcement officer alone can give sufficient evidence that there is

probable cause that the defendant has committed the offense. Occasionally, witnesses

may be subpoenaed to testify; if you receive such a subpoena, you should get in touch

with the Assistant U.S. Attorney handling the case as soon as possible.

No preliminary hearing is required when a grand jury has returned an indictment. As

noted above, the grand jury has already determined probable cause.

Hearings on Motions

Before the trial, the court may hear “motions” made by the defendant or the United

States. These may include motions to suppress evidence or to resolve other legal

questions. In most cases, witnesses are not needed at a motions hearing. If a witness is

needed at this hearing, (s) he will receive a notice from the U.S. Attorney’s Office.

The Witness Pretrial Conference

Sometime before the trial date, the assigned Assistant U.S. Attorney may contact you,

by letter or phone, and ask you to appear at a witness conference to prepare you for

trial. The purpose of this witness conference is to review the evidence you will be

testifying about in court. The Assistant U.S. Attorney and often the law enforcement

officer handling the case will be present at this meeting.

Trial

When a trial commences, a jury is selected. Then, the Assistant U.S. Attorney and the

defense attorney make an “opening statement.” An opening statement summarizes for

the jury the evidence that each side will bring out in court during the course of the

trial. After the opening statements, the Assistant U.S. Attorney presents the case for the

government. Each witness called by the United States may be cross-examined by the

defendant or the defendant’s counsel. When the prosecution has rested its case, the

defense then has an opportunity to present its side of the case. The Assistant U.S.

Attorney may then cross-examine the defendant’s witnesses. When both sides have

rested, the prosecution and the defense make closing arguments. After closing

arguments, the jury is instructed by the court and they begin to deliberate. Unless the

jury is “hung” meaning it cannot reach a unanimous verdict, it will return a verdict of

“guilty” or “not guilty” of the offense charged. In a criminal trial all jurors must agree on a

verdict.

On a rare occasion, the criminal case is tried only by the judge. The steps, however, are

the same as with a jury trial.

Sentencing

If the defendant is convicted, the judge will set a date for sentencing. The time between

conviction and sentencing is used to prepare a pre-sentence investigation report. This

report is prepared by the U.S. Probation Office. (In misdemeanor cases, the pre-

sentence investigation report may be waived.)

At the time of sentencing, the judge will consider both favorable and unfavorable facts

about the defendant before determining the appropriate sentence to impose. Only the

Judge may impose the sentence unless the death penalty is requested. The judge has a

wide range of alternatives to consider, including placing the defendant in jail for a

specific period of time; placing the defendant on probation (in which the defendant is

released in the community under supervision of the court for a period of years); imposing

a fine, or formulating a sentence involving a combination of these sanctions.

The court will also consider requiring the defendant to make restitution to victims who

have suffered physical or financial damage as a result of the crime. If you are a victim,

you have the opportunity to complete a Victim Impact Statement regarding the impact of

the crime on you. A Victim Impact statement is a written description of your physical,

mental, emotional, and financial injuries that occurred as a direct result of the crime. A

Victim Impact Statement is read by the judge who will be sentencing the defendant.

Victims and witnesses may attend the sentencing proceedings and also may have the

opportunity to address the court at this time. The Victim-Witness Coordinator or the

Assistant U.S. Attorney handling the case will tell you if such an opportunity exists for

you and will talk to you about such a presentation.

If the defendant is sentenced to serve a term of months in prison, you may request to be

notified about the status of that defendant. Any victim of, or witness to, a serious crime

who wishes to be notified about a defendant’s release or release proceedings may

participate in the Federal Bureau of Prison’s Victim and Witness Notification

Program. Participants are notified of parole hearings, defendant transfers to other

facilities, the death, furlough or escape of an inmate (notification of the latter is done

telephonically), and parole or mandatory release of a defendant. The names and

addresses of participants in this program are not released to the defendant.

YOUR DAY IN COURT

In many felony cases, the only contact witnesses have with the prosecutors is during the

witness conference and at the trial. Normally, when the trial date has been set, you will

be notified by a subpoena.

A subpoena is an order of the court. You may face serious penalties for failing to appear

as directed on the subpoena. Check your subpoena for the exact time and place of your

appearance. If for any reason you are unable to appear as the subpoena directs, you

must immediately notify the Assistant U.S. Attorney who is working on the case. The

Assistant U.S. Attorney’s name and number is located on the front page of the subpoena

at the bottom right-hand corner.

Usually hearings and trials take place as scheduled; however, that is not always the

case. Sometimes the defendant may plead guilty at the last minute, and the trial is

canceled. At other times, the defendant asks for and is granted a

continuance. Sometimes the hearing or trial has to be postponed a day or more because

earlier cases being heard by the court have taken longer than expected.

Although all of the witnesses for court appear early in the day, witnesses must wait for

some period of time to be called to the courtroom to give their testimony. For this reason,

it is a good idea to bring some reading material or handiwork to occupy your waiting

time.

Scheduling Your Appearance

A case may involve several kinds of court hearings. You may be asked to testify at all of

them or you may not be needed for any. The different types of hearings include a

preliminary hearing, a motion hearing, and an appearance in court for trial or

sentencing. You may also be asked to testify before the grand jury. It is difficult to

schedule court hearings at a time convenient for everyone involved. Any court hearing

requires the presence of witnesses, law enforcement officers, the defendant’s attorney,

the Assistant U.S. Attorney, the Judge and the defendant. Therefore, when the court

sets a time and place for a hearing in the case you are involved in, you must be there

promptly.

Despite the best efforts of everyone concerned, court hearings do not always take place

on schedule. When possible, the Victim-Witness Coordinator or the Assistant U.S.

Attorney handling the case in which you are involved will discuss with you any proposed

scheduling changes.

Planning Your Trip

As a victim or witness, you may have questions about transportation, the location of the

courthouse, food service, or where to go and what time to appear. The U.S. Attorney’s

Office has assembled information on these subjects. You should feel free to ask either

the Victim-Witness person, Assistant U.S. Attorney or the investigative agent about

them.

If you are not a federal government employee, you will receive a witness fee for each

day that you are required to attend court in connection with the case, including time

spent waiting to testify. Out-of-town witnesses receive reimbursement for certain travel

expenses in addition to their daily witness fee.

At the conclusion of your testimony, you will be assisted in completing a witness voucher

to make a claim for your fees.

Generally, a check for all fees will be provided to you via U.S. Mail 7-10 days after the

trial is completed.

If you are a federal government employee, the U.S. Attorney’s Office will submit a

certificate of attendance that will enable you to receive your regular salary,

notwithstanding your absence from your job. You will not collect a witness fee in addition

to that salary.