View Full Version : how long does it usually take to get charged by the feds?


joegerrard
10-17-2010, 10:29 PM
how long does it usually take to get charged by the feds? i know the statue of limitation is 5 years but is it likely one would be arrested and not charged until 3 and a half 4 to 5 years after?

Bearly
10-17-2010, 11:17 PM
they waited about 1 week shy of a year to charge my bf. and by charge, i mean filing the complaint. still haven't indicted him.

i think there are alot of factors will which determine how quickly you get charged. it seems the "big cases" with multiple co-defendants or media coverage are dealt with before the less exciting (to them) 1 co-defendant cases. Probably also depends on what is going on in your district...if they're bored they'll probably charge sooner than later. Also, it depends on your AUSA. Like you said, SOL is 5 years and it's really up to the AUSA how this proceeds.

joegerrard
10-17-2010, 11:38 PM
hey thanks for the reply...so your bf has not been indicted yet? what does complaint mean? like is he going to court etc? indicted means charged in fed court rite?

Bearly
10-18-2010, 06:23 PM
Nope, hasn't been indicted yet. Of course, the complaint was only filed about 2 weeks ago.

A complaint is how they "officially" started his case with the feds. The case started as a state case and then the feds took it over and when they did that, they filed a criminal complaint in the District court.

There are 2 ways that I know of as to how a federal case can begin: either the criminal complaint or the indictment. Technically, after a criminal complaint is filed, a case can be disposed of without ever being indicted IF it doesn't go to trial. The good thing about a case which is never indicted, and is subsequently disposed of via a plea deal is that the defendant is not necessarily subject to the mandatory minimum (this gets a little complicated to explain so shoot me a message if you're curious, otherwise I won't bore you with the details).

Without knowing your facts, I can't suggest much. However, in the event that your case was the result of a federal investigation, it is likely that your case will begin with the indictment (rather than the complaint). The major difference is that the case will first have to pass a grand jury before it will be indicted. The complaint need only be filed by the AUSA and federal agent. My bf's case was NOT the result of an investigation. It was, to sum it up, it was a case that fell into the laps of the local cops and was being prosecuted in state court until the feds took it over and the state dropped their charges.

joegerrard
10-21-2010, 06:37 PM
anyone else with any experiences in this subject?

bellisq
10-21-2010, 07:08 PM
I've seen several examples of last minute charges filed, one with only a week left. A good lawyer who has a good network can often keep track of issues coming before the grand jury, which is one of the ways a charge gets made. I also have seen an occasional example of the time running out without charges being filed. Some tmes the prosecutor who was involved in the arrest splits and the case never becomes a priority for someone else. It's a tough way to live, because of the pressure and the fact that if it does get filed, the person is so much farther along in their life. That can work in his favor, since there is a possibiity of getting the judge to grant a departure of extraordinary rehabilitation if the person has been living a clean life for nearly 5 years.

It remains a delicate waiting game until the clock runs out. In this type of case, I would suggest finding an attorney who is a former AUSA, but who has now become an aggressive defense attorney. (That is not always the case.) All in all, this type of situation stinks for you and your boyfriend. But fingers crossed for a good outcome.

Ronsbaby
10-21-2010, 08:28 PM
don't know if this can help give any idea's or not, my baby was arrested end of dec. 08 spent the next 3 months in county jail before the feds came and picked him up - he did not need a trial as he plead guilty to the crime he commited right away... so we waited for him to be sentenced until jan 2010.

my understanding is there is a lot of factors that go into play though as well for sentencing - just depends on a bunch of things i guess.

Good luck to all that's currently awaiting the sentencing hearing

Zelda50
10-23-2010, 01:30 AM
I knew someone who was indicted one day before the statute of limitations ran out.

Iam4myman
10-23-2010, 10:34 AM
It must be terrible playing the "waiting game." I would encourage your bf to do everything he can to make sure he makes some positive things happen in his life so if he is charged, it will look much better to the judge.

Good luck!:)

OregonReform
10-23-2010, 11:24 PM
In my first case....... they followed me everyday for about 6 months taking photos of me doing everything in my daily life and "allegedly" committing more and more offenses and it was not the feds who finally got me..... it was the local police..... basically they had a task force and the police was on it and they made a decision as a task force to not apprehend me for another month but the police detectives that were on the JTTF (Joint Terrorism Task Force) decided to ignore that based on there own agendas and picked me up a few days after it was decided not to apprehend me yet....

basically the FBI and Secret Service wanted to build up a super case against me.....

joegerrard
10-26-2010, 11:49 AM
thanks for the responses it helps yea it really sucks living like this its been 3 1/2 years and my life has changed 360 bellisq thats a good point i hope if they do file that they take into consoderation the fact my life has changed and bkerensa your situation sounds all too familiar i tried to pm you but it didnt work if you got time i wanted to ask you a few questions if you could help thanks for all the responses anyone else with info would be great i need all i can get

Bearly
10-26-2010, 05:28 PM
There's alot of sentencing case law to support positive changes being taken into account -- but SERIOUS changes. Especially in the 2nd circuit.