How to File Criminal Charges in Federal Court

Filing charges in federal court involve contacting federal agencies such as the United States Attorney General’s office and the FBI. There is an investigation and findings are brought to hearing in front of a grand jury which consists of up to 23 people.

• Investigate the information from initial notification of criminal activity. Other federal agencies may get involved with the investigation if they are needed.


• Get affidavits of written testimonies that support the federal crime, and contact the United States Attorney General’s office to get approved search warrants. Provide the testimonies to the attorney general’s office.


• Conduct a search with the approved search warrants. Obtain any physical evidence that supports the federal crime allegation.


• Prepare for a hearing in front of a federal grand jury. Turn the evidence over to the U.S. Attorney’s office so they can present all evidence gathered from the investigation in the hearing. Include a list of alleged crimes with detailed facts. The grand jury will have up to 23 people, and a small majority must agree that there is probable cause that a crime exists. If a small majority does not agree, the federal charges cannot move forward. If at least a small majority of the grand jury agrees, then an indictment will be issued. The main purpose for the hearing in front of a federal grand jury is to determine if a crime exists. The trial to prove innocence or guilt comes after the indictment.


• File the indictment with the district court, and apply for arrest warrants of the defendants.