Summary
Information as of July 30, 2025. Prepared by Cassandra J. Barnum, Legislative Attorney and Jamie Bush, Visual Information Specialist.
1 See generally Federal Bureau of Investigation, A Brief Description of the Criminal Justice Process,
https://www.fbi.gov/how-we-can-help-you/victim-services/a-brief-description-of-the-federal-criminal-justice-process (last visited July 1, 2025).
2 Id.; see also Fed. R. Crim. P. 7, 58.
3 See, e.g., United States v. Shober, 489 F. Supp. 393, 400 (E.D. Pa. 1979) (noting indictment is "impracticable" in certain situations, as in the case of a federal
agent making a warrantless arrest or where "there is a risk that a defendant will abscond or behave violently before a prosecutor can present the case to a
grand jury," requiring that a complaint be led instead).
a For procedures specic to misdemeanor o-enses, see Fed. R. Crim. P. 58.
b There is no bright line rule for what constitutes "unnecessary delay." See, e.g., United States v. Jones, 524 F.2d 834, 840 (D.C. Cir. 1975) (charges must be
dismissed where pre-arrest delay is "unreasonable and prejudicial"); United States v. Thompson, 772 F.3d 752, 761 (3rd Cir. 2014) (applying
reasonableness test in deciding whether confession made during 6-hour delay between arrest and presentment should be suppressed).
c "Promptly" means within 48 hours. See Cnty. of Riverside v. McLaughlin, 500 U.S. 44, 56-57 (1991).
d The statute provides for a number of conditions the judicial ocer must consider, to include the nature and seriousness of the o-ense,
weight of the evidence against the person, the person's individual characteristics, and others. 18 U.S.C. § 3142(g).
e Subsequent to the ling of the indictment/information, the defendant is arraigned under Fed. R. Crim. P. 10 and the subsequent pretrial proceedings
are subject to the Speedy Trial Act, which starts the 70-day trial clock at the ling of the indictment/information OR the rst appearance before an
ocer of the court where the charge is pending, whichever is later. 18 U.S.C. § 3161(c)(1).
Proceedings in
Federal Criminal Cases:
From Initiation to Indictment
The procedural requirements for the commencement of a federal criminal case vary depending on whether the
defendant is arrested prior to or after the return of an indictment.1 Cases in which law enforcement agencies and
prosecutors proactively investigate potential o-enses generally commence with the return of an indictment upon a
grand jury's nding of probable cause that a federal crime was committed (or with the ling of an "information" if the
penalty for the charged o-ense does not exceed one year).2 In other cases, law enforcement may be acting in rapid
response to an event, requiring that the defendant be arrested prior to an indictment being returned.3 The law
governing the procedures in such cases is complex and draws from both the Federal Rules of Criminal Procedure and
the U.S. Code. The following table explains what generally happens when someone is arrested for a federal crime, the
applicable rules or code provisions, and the time frame for each phase of the proceeding.
COMPLAINT/
ARREST
INITIAL
APPEARANCE
BOND/DETENTION
HEARING
PRELIMINARY
HEARING
INDICTMENT OR
INFORMATION
Governing
Law
What
Generally
Happens at
This Stage?
Fed. R. Crim. P. 3, 4, 5 Fed. R. Crim. P. 5a 18 U.S.C. § 3142d Fed. R. Crim. P. 5.1 18 U.S.C. § 3161(b)
and
Fed. R. Crim. P. 7 or 58
When Does
This Stage
Happen?
First, complaint,
adavit, and
warrant or summons
are signed by
judicial ocer
Then, defendant is
arrested pursuant to
arrest warrant or
served with
summons for initial
appearance
OR
Defendant arrested
without warrant
At initial appearance,
judicial ocer
advises the
defendant of certain
information,
including:
• Pending charges
• Maximum
penalties
• Right to counsel
• Right to a
preliminary
hearing
• Right to remain
silent
• General
circumstances of
pretrial release
Judicial ocer
issues:
• A detention
order if the
defendant meets
condition(s)
specied in
statute (e.g.,
defendant might
harm others)
OR
• A release order
with conditions if
such conditions
will reasonably
assure the
defendant's
appearance and
safety of the
community
Magistrate judge:
• Requires
defendant to
appear for further
proceedings if
judge nds
probable cause
that the
defendant has
committed an
o-ense
OR
• Dismisses the
complaint and
discharges
defendant where
no probable
cause found
Grand jury returns
indictment (for crimes
punishable by more
than one year in
prison) (Rule 7)
OR
Government les
information (for
crimes punishable by
one year or less in
prison) (Rule 58)
Arrest with Warrant:
Warrant must
command law
enforcement ocer
to arrest and bring
defendant before
judicial ocer
"without
unnecessary delay"
(Rule 4(b)(1)(C))b
Arrest Without
Warrant: For
warrantless arrest,
complaint must be
led "promptly"
(Rule 5(b))c
Summons sets
a date
OR
Defendant must be
presented to a
judicial ocer
"without
unnecessary delay"b
Must be held
immediately upon
the defendant's rst
appearance, unless:
• The defendant
seeks a
continuance – not
to exceed 5 days
unless good cause
shown
• The government
seeks a
continuance – not
to exceed 3 days
unless good cause
shown
Within 14 days after
initial appearance
OR
Within 21 days if not
in custody
OR
Not at all if defendant
waives hearing or is
formally charged by
indictment/
information
(Rule 5.1(a))
Within 30 days from
date defendant is
arrested or served
with a summons
(60 days for a felony
charge if a grand
jury was not in
session for the
original 30-day
period)e
v