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Virginia Federal Drug Trials

Drug crimes are taken very seriously at the federal level, and as such it is important anyone facing federal drug charges have some understanding of the federal trial process, and how to prepare for it. In this regard it often beneficial to consult with a Virginia federal drug attorney, who can work in building a defense and preparing the individual charged for what to expect. To learn more or discuss your case, call and schedule a consultation today.

Length of Federal Drug Trials

From the time of arrest to the time of trial, a Federal drug case trial could take up to six or eight months and sometimes longer. It is rare, however, to extend much beyond eight months in federal court because it all tends to move along fairly quickly, especially in the eastern district of Virginia.

Larger cases which involve massive amounts of discovery while the government is continuing to investigate can be exceptions to that rule but generally, the expectation is that a federal drug case should take no longer than approximately six months.

Will a Case Be Resolved at the First Court Date?

Typically the case is not resolved on the first court date. It is possible only in minor drug cases or with petty crimes when negotiations with the government can happen prior to the first court date and be resolved at the initial appearance.

For a felony drug case, it is nearly impossible for that to occur. The only scenario in which that could possibly happen is if a person is indicted and has a first appearance before a district judge where the details of the plea have been completely worked out.

Procedurally and functionally speaking, however, that will almost never happen with felony cases due to the amount of work required of the defense team before engaging in any kind of plea negotiations.

Difference From State Trials

There are several processes that are the same. For instance, every jurisdiction has arraignments, preliminary hearings and bond hearings or detention hearings. It is the protocols in federal court that are different from those in state court. This is why it is important that an individual have an attorney who is familiar with the federal process. An attorney who has only defended drug cases in state court will likely lack the necessary knowledge and experience needed in understanding the processes in federal court.

Federal v. State Judges

For many reasons, federal judges have fewer cases than state judges. Therefore, federal judges have more time to spend on evaluating cases, reading the pleadings, holding hearings and everything else involved with the trial. A federal judge can give more attention to an individual case.

Another significant difference between federal and state judges is that federal district court judges are appointed by the president of the United States. Once they are appointed, they are on the bench for life. State judges must be reapproved by the Virginia General Assembly on a regular basis.

Publicity of Federal Trials

All federal drug cases are open to the public. Anyone can attend including family members, law enforcement, the media and members of the general public who may just have an interest.

The general public will have an interest in high profile individuals accused of drug crimes. Therefore, the media will very likely be in the courtroom watching and taking notes. There is a press office in the federal courthouse where members of the media file reports with their publications.

If someone has a high profile and they are on trial in federal court, they should expect that they will get some media attention.

Juries and Judges in Federal Cases

There are juries in federal court, which typically tends to be the favored way of resolving cases by trial. However, it is possible for a case to be resolved by a bench trial — which is the process of having a trial with only the judge sitting as the fact finder.

United States Magistrate Judges

Magistrate judges are the first judges that an individual encounters when they have been charged with a felony drug crime. The magistrate judge will conduct initial appearances and will typically conduct detention hearings to determine what, if any, bond should be issued in the case.

In addition, the magistrate judges will conduct a preliminary hearing. The preliminary hearing is an opportunity for a magistrate judge to evaluate the merits of the case and determine if probable cause exist to go forward and send it up to the district level.

United States District Judge

The district judges are the trial judges in federal felony cases. Once they are approved by the senate, they will have a lifetime appointment to the district court. These are the judges that will preside over the trial, will determine guilt or innocence if it is a bench trial, and will ultimately determine the sentence if the individual is found guilty.

The Jury Pool in Federal Cases

In state cases, the jury pool is limited to those living within the county in which the accused is being prosecuted.

In federal cases, the geographical boundaries from which they can pull a jury pool are much wider. If someone is charged in northern Virginia, it will be considered the Alexandria division. However, that division can pull jurors from anywhere within the eastern district of Virginia, including Alexandria, Fairfax County, Arlington, Manassas, Prince William and down to Fredericksburg.

This can impact a case in that most likely there will be a diverse jury consisting of people not necessarily living in the county in which the defendant resides and/or the county in which the alleged crime was committed.