What Is the Criminal Justice Process in East Texas?

Investigation. Federal prosecutors work for the United States government and are tasked with prosecuting all federal crimes. These prosecutors work for one of 96 U.S. Attorney’s Offices throughout the country. For the Eastern District of Texas, the U.S. Attorney’s office has locations in Beaumont, Lufkin, Tyler, Texarkana, Sherman, and Plano. The current U.S. Attorney for the Eastern District is John Malcolm Bales, who was appointed in 2009.  His office, primarily through a number of assistant U.S. attorneys, or “AUSAs,” prosecutes criminal offenses committed against the United States and brings or defends civil actions in which the United States is a party.  In addition to prosecution, an AUSA has broad authority to either investigate potential crimes himself or delegate such investigations to agents of other federal agencies, including the Office of the Inspector General (OIG), the Drug Enforcement Agency (DEA), the Federal Bureau of Investigation (FBI), or the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  Federal agents perform roles as law enforcement officers, similar to state or local police forces, and assist AUSAs in investigating and opening a case against a suspect.

Surveillance. In some cases, the Department of Justice will authorize the AUSA to seek permission from the federal court to electronically surveil the suspect, also known as “bugging” or “wiretapping,” as permitted by 18 U.S.C. § 2510.  The use of electronic surveillance is closely scrutinized and must be strictly limited in scope due to its intrusion into the suspect’s privacy.  In ordinary cases, wiretaps, bugs, video surveillance, or roving taps are not used due to the Fourth Amendment rights of defendants, which can only be infringed upon for compelling reasons.

Indictment. Once the investigation is complete and the AUSA has decided to prosecute, he or she will file a federal criminal complaint in the Eastern District of Texas Court for the relevant local division.  The complaint will ask for the grand jury to indict the suspect for the crime in question.  An indictment is a formal charge of a crime. Typically, the AUSA will present witness testimony and documentary evidence to the grand jury, and the grand jury will then vote on whether or not to issue the indictment.  Grand jury proceedings are secret, and neither the defendant nor his attorney has the right to attend.  An indictment is not a determination of guilt; it is merely a formal accusation by the government that a crime may have been committed by the person named in the indictment.

Information. If the AUSA intends to charge the suspect with a non-capital offense, the suspect may choose to waive his or her right to an indictment by a grand jury in which case the prosecutor will proceed on a document called an “information.”  An information is a formal accusation of a crime having been committed, but it is brought by  a single federal public officer, such as an AUSA, instead of a grand jury. Under Federal Rule of Criminal Procedure 9(a), the information must contain an affidavit if an arrest warrant is sought.

Our Team

The Oberheiden, P.C. centers its practice on federal criminal defense work, healthcare law, and litigation. We are based in Texas and serve clients across the State of Texas and throughout the United States. Contact us to discuss your case – we offer a free case evaluation.

Lynette S. Byrd served the U.S. Attorney’s Office as federal prosecutor and conducted civil healthcare investigations under Stark Law, False Claims Act, Anti-Kickback and other statutes.

Success Stories

Our team of former federal prosecutors, senior government officials, and nationally respected lawyers has accomplished a great number of dismissals and no-charge outcomes for our clients. Here are some recent examples.

• Federal Fraud Case
  Result: No criminal charges.

• Federal Fraud Case
  Result: No criminal charges.

• Federal Fraud Case
  Result: No criminal charges.

• Federal Fraud Case
  Result: No criminal charges.

• Federal Fraud Case
  Result: No criminal charges.

• Federal Fraud Case
  Result: No criminal charges.

• Federal Fraud Case
  Result: No criminal charges.

• Federal Fraud Case
  Result: No criminal charges.

• Federal Fraud Case
  Result: No criminal charges.

• Federal Fraud Case
  Result: No criminal charges.

• Federal Fraud Case
  Result: No criminal charges.

• Federal Fraud Case
  Result: No criminal charges.