Miami Lawyer » Practice Areas > Federal Criminal Defense > Arraignment, Discovery and Trial
Arraignment, Discovery and Trial
Following the preliminary examination or pre-trial detention hearings, an arraignment is scheduled where the defendant is given a copy of the indictment or information before entering a plea of guilty or not guilty. Once a not guilty plea is entered, the case is set for trial and discovery can be requested. Unfortunately, the United States Attorneys Office’s discovery obligations in federal criminal prosecutions are minimal. Unlike Florida’s criminal justice system, depositions are generally not allowed. Furthermore, the United States Attorneys office is only obligated to provide written or recorded statements made by the defendant or any statements made by the defendant to a known government agent and any of the defendant’s grand jury statements that relate to the offense charged and documents and tangible objects obtained from the defendant or those that will be introduced in trial. The United States Attorneys Office’s discovery obligations do not include the defendant’s statements made to a friend or family member or any other citizen that does not fit the above categories. The United States Attorneys Office is also required to produce reports of examinations and tests such as lab reports and a summary of any anticipated expert witness testimony.
Following the arraignment and a not guilty plea, trial is set in the matter. In federal court, trial dates are typically set within a few months and continuances of the trial date are infrequently granted. At this stage, a defendant must decide whether to go to trial. If a defendant decides to go to trial, the United States Attorneys Office has further discovery obligations to release additional statements which relate to the subject matter of the direct examination testimony of a government witness during trial. Although, the government does not have to release these additional statements until the witness testifies under direct examination during trial, most federal judges require the United States Attorneys office to release these statements before the witness testifies so as to not to delay the trial.