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What Happens After You Are Charged with a Federal Crime in California?
Written By KN Law Firm Editorial Team.
Reviewed by Chris Nalchajian, Criminal Defense Attorney.
Published: March 19, 2026 | Last Reviewed: March 2026
If you or someone you love has just been charged with a federal crime in the Glendale or Los Angeles area, the fear and confusion you’re feeling right now are completely understandable. Federal charges are not like ordinary state charges. The system is more complex, the penalties are often more severe, and the stakes — your freedom, your career, your family — could not be higher.
Understanding what comes next, step by step, can make an enormous difference in how you respond and whether you protect your rights. At KN Law Firm, APLC, we represent clients facing federal charges throughout Southern California, including in Los Angeles, Glendale, Burbank, Pasadena, and the surrounding communities. This guide walks you through the entire federal criminal process — from the moment charges are filed to sentencing — so you know exactly what to expect.
How Federal Criminal Charges Begin
Federal charges arise when the alleged conduct violates federal law — as opposed to California state law. This happens when crimes cross state lines, involve federal agencies like the FBI, DEA, ATF, or IRS, or occur on federal property.
Criminal Complaints vs. Indictments
There are two primary ways federal charges are initiated:
- Criminal Complaint: A law enforcement officer or prosecutor swears under oath that probable cause exists to believe a crime was committed. This is typically used to initiate an arrest quickly, before a grand jury convenes.
- Grand Jury Indictment: A grand jury of 16–23 civilians reviews evidence presented by federal prosecutors. If at least 12 jurors agree probable cause exists, they issue a formal indictment. Under the Fifth Amendment, most federal felony charges must proceed through indictment.
In either case, once charges are formally filed, the process moves swiftly — and every hour you go without a qualified federal defense attorney is an hour your case develops without your best interests being protected.
The Arrest and Initial Appearance
If you haven’t already been arrested, a federal arrest typically follows the filing of a complaint or indictment. You may be taken into custody by federal marshals, FBI agents, or other federal officers.
Within 24 hours of a federal arrest (and no later than 72 hours), you must be brought before a federal magistrate judge for your Initial Appearance. At this hearing:
- You are formally informed of the charges against you
- Your right to counsel is confirmed — if you cannot afford an attorney, a federal public defender may be appointed
- A date is set for a preliminary hearing or arraignment
- The question of your pretrial release or detention is addressed
This first appearance may feel routine, but it is anything but. What happens here sets the tone for your entire case. Having a private federal criminal defense attorney present — rather than relying on an overloaded public defender — can make an immediate and measurable difference.
Understanding the Federal Arraignment
The arraignment is typically your first formal court appearance where you enter a plea. In the U.S. District Court for the Central District of California — which covers Los Angeles, Glendale, Burbank, and the surrounding region — arraignments usually occur within 10 to 14 days of the initial appearance for defendants in custody, or shortly after indictment for those already released.
At your arraignment:
- The indictment or information is read to you
- You enter a plea: Guilty, Not Guilty, or No Contest (though No Contest is rarely used in federal court)
- Conditions of pretrial release are confirmed or revised
- Case scheduling begins
In almost every situation, the right move at arraignment is to plead Not Guilty — even if you eventually negotiate a plea deal later. Pleading not guilty preserves your options, gives your attorney time to review discovery, and ensures you don’t make any hasty decisions under pressure.
Pretrial Detention vs. Release: The Bail Hearing
Unlike the California state system, federal courts do not set traditional “bail” in the same way. Instead, the federal Bail Reform Act governs whether you are released or detained pending trial.
What Is a Detention Hearing?
A detention hearing (sometimes called a bail hearing) is where the judge decides whether you are a flight risk or a danger to the community. Prosecutors may argue for detention; your attorney argues for release with conditions.
Factors the court considers include:
| Factor | Details |
|---|---|
| Nature of the offense | Violent? Drug trafficking? Terrorism? |
| Weight of the evidence | How strong is the government’s case? |
| Defendant’s history | Prior record, ties to community, employment |
| Risk of flight | Passport, foreign ties, financial resources |
| Community danger | Risk of continued criminal activity |
If detained, you will remain in federal custody — often at a facility far from your family in Pasadena, Alhambra, or elsewhere in the region — until your trial or resolution. If released, you will likely face strict conditions: electronic monitoring, travel restrictions, regular check-ins, and more.
An experienced federal defense attorney arguing powerfully at your detention hearing can mean the difference between going home to your family or sitting in a federal detention center for months.
The Grand Jury and Indictment Process
If you were arrested on a complaint rather than an indictment, the government has a limited time to obtain an indictment from a grand jury or the charges must be dismissed.
The grand jury process in federal court is secret. You have no right to be present, no right to present your own evidence, and the prosecutor controls the entire presentation. The grand jury hears only what the government wants them to hear.
This is one of the most misunderstood parts of federal criminal procedure. Many people assume that if a grand jury indicts them, the evidence must be overwhelming. In reality, grand jury proceedings operate under a very low standard — probable cause — and indictments are common. “A grand jury would indict a ham sandwich” is a famous legal saying for a reason.
An indictment is not a conviction. It is simply the formal charging document that allows your case to proceed to trial.
Pretrial Motions and Discovery
After arraignment, both sides engage in discovery — the process by which the government is required to share evidence it has collected, including witness statements, lab reports, surveillance footage, financial records, and more. Under Brady v. Maryland, federal prosecutors must also disclose any evidence that is favorable to the defense.
Your federal defense attorney will file pretrial motions that may include:
- Motion to Suppress Evidence — arguing that evidence was obtained in violation of your Fourth Amendment rights
- Motion to Dismiss — challenging the legal sufficiency of the charges
- Motion for Change of Venue — if a fair trial in Los Angeles cannot be guaranteed
- Speedy Trial Motion — invoking your Sixth Amendment right to a timely trial
These motions are powerful tools. A successful suppression motion, for example, can eliminate the government’s key evidence — sometimes causing charges to be dropped entirely.
Plea Negotiations in Federal Cases
How Federal Plea Bargaining Differs from State Cases
The majority of federal criminal cases — more than 90% — resolve through plea agreements rather than trial. However, federal plea bargaining is fundamentally different from what happens in California state court.
In federal court:
- Federal Sentencing Guidelines heavily influence any plea offer
- Prosecutors have significant charging discretion and may agree to charge a lesser offense
- “Cooperation agreements” may be offered — you provide substantial assistance to the government in exchange for a reduced sentence
- Any plea deal must be approved by a federal judge, who is not bound by the agreement
Accepting a plea deal is sometimes the right decision. Other times, going to trial is the better strategy. This is not a decision you should make without experienced federal counsel who has handled cases in the Central District of California.
Going to Trial in Federal Court
If your case proceeds to trial, it will be heard before a federal district judge and a jury of 12 people. Federal trials are governed by the Federal Rules of Criminal Procedure and the Federal Rules of Evidence — both more rigid than their state counterparts.
The government bears the burden of proving every element of every charge beyond a reasonable doubt. Your attorney has the right to cross-examine government witnesses, challenge forensic evidence, present defense witnesses, and deliver closing arguments to the jury.
Federal trials can last days, weeks, or months depending on the complexity of the charges.
Federal Sentencing: What to Expect
The Role of Federal Sentencing Guidelines
If convicted — whether by trial or guilty plea — sentencing in federal court is governed by the U.S. Sentencing Guidelines. These are advisory guidelines (following United States v. Booker) that calculate a recommended sentencing range based on:
- The offense level (severity of the crime)
- The criminal history category (your prior record)
The intersection of these two factors produces a guideline range in months. Judges consider this range but may sentence above or below it based on aggravating or mitigating factors.
Federal sentences often carry mandatory minimums — particularly for drug offenses and firearms charges — meaning the judge has limited discretion to go below a certain threshold, no matter what.
Sentencing advocacy is a critical and often underappreciated phase of federal criminal defense. A skilled attorney can present mitigating evidence — family circumstances, mental health history, cooperation with authorities, early acceptance of responsibility — that meaningfully reduces a sentence.
Why You Need a Federal Criminal Defense Attorney Immediately
Federal prosecutors are experienced, well-resourced, and strategic. By the time federal agents knock on your door or charges are filed, they have often been building their case for months or years. You cannot afford to wait.
At KN Law Firm, APLC, our federal criminal defense attorneys represent clients at every stage of the federal process — from pre-indictment investigations to trial to sentencing and appeal. We appear regularly in the U.S. District Court, Central District of California, and we understand how federal prosecutors in the Los Angeles region build their cases and where they can be challenged.
Whether you are in Glendale, Los Angeles, Alhambra, or anywhere else in Southern California, we are ready to protect your rights from day one.
Call us now for a free, confidential consultation: (888) 950-0011 KN Law Firm, APLC — 500 N Central Ave #650, Glendale, CA 91203
Frequently Asked Questions
Q: What is the difference between a federal crime and a state crime in California?
A: Federal crimes violate U.S. federal law and are prosecuted by the U.S. Department of Justice in federal court. State crimes violate California law and are prosecuted by the local district attorney in state court. Some conduct — like drug trafficking — can trigger both federal and state charges simultaneously.
Q: Can federal charges be dropped before trial?
A: Yes. Charges can be dismissed if your attorney successfully argues a pretrial motion to suppress key evidence, demonstrates a violation of your constitutional rights, or negotiates with prosecutors to reduce or eliminate charges before trial.
Q: How long does a federal criminal case take to resolve?
A: Federal cases typically take longer than state cases. Under the Speedy Trial Act, the government must bring your case to trial within 70 days of indictment or initial appearance — but continuances are routinely granted, and complex cases often take one to three years to resolve.
Q: What happens if I can’t afford a federal defense attorney?
A: If you qualify financially, the court will appoint a federal public defender. However, public defenders carry extremely heavy caseloads. Retaining a private federal criminal defense attorney — like those at KN Law Firm, APLC — typically allows for more individualized attention and a more aggressive defense strategy.
Q: Will I go to prison if I’m convicted of a federal crime?
A: Not necessarily, though federal convictions for serious offenses frequently result in prison time. Sentences vary widely depending on the nature of the offense, your criminal history, and the quality of your sentencing advocacy. An experienced federal defense attorney can argue for alternatives including probation, home confinement, or reduced guideline sentences.
Q: Should I talk to federal agents if they contact me?
A: No. You have the right to remain silent and the right to have an attorney present during any questioning. Politely but firmly decline to answer questions and immediately contact a federal criminal defense attorney. Anything you say — even if you believe you are helping yourself — can be used against you.
Related Articles You May Find Helpful
- What Is a Federal Crime? Key Differences Between State and Federal Charges
- How Federal Criminal Investigations Work in California
Take the First Step — Talk to a Federal Defense Attorney Today
Facing a federal charge is one of the most serious situations a person can encounter. The decisions you make in the days and weeks after charges are filed will shape the outcome of your case. Do not face this alone.
KN Law Firm, APLC offers free, confidential consultations to individuals and families facing federal criminal charges throughout Southern California — including Glendale, Los Angeles, Burbank, Pasadena, and Alhambra.
📞 Call (888) 950-0011 — available to take your call
📍 500 N Central Ave #650, Glendale, CA 91203
✉️ info@kntrialattorneys.com
Your future is worth fighting for. Call us today.
About the Reviewing Attorney: Chris Nalchajian is the founding criminal defense attorney at KN Law Firm, APLC, located in Glendale, California. He earned his Juris Doctorate with a concentration in Criminal Law from Whittier Law School in 2018, and holds a B.A. in Biology from California State University, Northridge. A licensed attorney in the State of California and active member of the California Attorneys for Criminal Justice and the California Attorneys Association of Los Angeles, Chris has represented clients across Southern California — including in the U.S. District Court, Central District of California — in a wide range of federal criminal matters, and prides himself on being thoroughly prepared at every stage of a case, from initial appearance through sentencing. If you or a loved one is facing federal criminal charges in Glendale, Los Angeles, or anywhere in Southern California, contact KN Law Firm, APLC for a free confidential consultation: (888) 950-0011.
Legal Disclaimer:The information provided in this article is for general educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship between you and KN Law Firm, APLC. Every federal criminal case is unique, and federal law and sentencing guidelines are subject to change. If you are facing federal criminal charges or believe you are under federal investigation, you should consult with a qualified federal criminal defense attorney immediately. Do not rely on this article as a substitute for professional legal counsel.





