Federal Rules of Criminal Procedure
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Overview
The Federal Rules of Criminal Procedure govern the conduct of criminal proceedings in United States district courts. These rules establish critical deadlines and procedures that must be followed to protect defendants' constitutional rights while ensuring efficient case processing.
Constitutional Alert: Criminal procedure deadlines often involve constitutional rights. Missing deadlines can result in dismissals, violations of speedy trial rights, or other serious consequences.
Arraignment and Initial Appearance
Rule 5: Initial Appearance
- • Without unnecessary delay after arrest
- • Must be brought before magistrate judge
- • Rights must be explained
- • Detention/release determination
Rule 10: Arraignment
- • Must be conducted in open court
- • Defendant must be present
- • Charges read and explained
- • Plea entered
Critical Timing Requirements
- !48-72 hours: Maximum time for initial appearance without warrant
- !14 days: Arraignment deadline if defendant is in custody
- !21 days: Arraignment deadline if defendant is not in custody
Speedy Trial Act Requirements
18 U.S.C. § 3161 - Speedy Trial Timeline
30 days
Indictment to Arraignment
70 days
Arraignment to Trial
100 days
Total Maximum
Excludable Time
- • Competency examinations
- • Pre-trial motions
- • Plea negotiations
- • Continuances for good cause
- • Co-defendant proceedings
Consequences of Violation
- • Dismissal with prejudice
- • Dismissal without prejudice
- • Court's discretion based on factors
- • Balancing test applied
Criminal Discovery Rules
Rule 16: Discovery and Inspection
Government Disclosure
- • Defendant's statements
- • Criminal record
- • Documents and objects
- • Reports of examinations
- • Expert witness testimony
Defense Disclosure
- • Documents and objects
- • Reports of examinations
- • Expert witness testimony
- • Alibi notice
- • Insanity defense notice
Brady Material Requirements
- • Exculpatory evidence: Evidence favorable to defendant
- • Impeachment evidence: Evidence affecting witness credibility
- • Timing: Must be disclosed in time for effective use
- • Materiality: Evidence that might affect outcome
Criminal Appeal Deadlines
Direct Appeals
- • 14 days: Notice of appeal from judgment
- • 14 days: Government appeals
- • 30 days: Maximum extension for good cause
- • Non-jurisdictional but rarely extended
Post-Conviction Relief
- • 1 year: § 2255 motion deadline
- • 1 year: From final judgment or new evidence
- • Successive motions: Court approval required
- • Statute of limitations strictly enforced
Sentencing Procedures
Rule 32: Sentencing and Judgment
Pre-Sentence Investigation
- • PSR must be prepared in most cases
- • Defendant has right to review
- • Objections must be filed timely
- • Court must resolve disputed facts
Sentencing Hearing
- • Defendant has right to allocution
- • Victim impact statements allowed
- • Court must state reasons for sentence
- • Right to appeal sentence must be explained
Quick Reference: Common Criminal Deadlines
| Procedure | Deadline | Rule | Notes |
|---|---|---|---|
| Initial Appearance | Without delay | Rule 5 | Usually within 48-72 hours |
| Arraignment | 14/21 days | Rule 10 | 14 if in custody, 21 if not |
| Trial | 70 days | Speedy Trial Act | From arraignment |
| Notice of Appeal | 14 days | Rule 4(b) | From judgment entry |
| § 2255 Motion | 1 year | 28 U.S.C. § 2255 | From final judgment |