Questions People Ask About Criminal Cases

Browse plain-English educational answers by jurisdiction and case stage. Each answer is designed to help you understand general processes, organize information, and prepare better questions for qualified counsel.

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54 educational answers shown.

FederalPresentence investigationOfficial-source checkedAttorney review pending
What is the difference between a PSI and a PSR?
A presentence investigation is the information-gathering process that happens before sentencing in most federal cases. The presentence report is the written report produced from it. The judge uses that report at sentencing, and the information in it can matter afterward as well, including in custody and supervision decisions.
Last reviewed: September 4, 2026 About 1 min read
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FederalPresentence investigationOfficial-source checkedAttorney review pending
What is the role of the federal probation officer before sentencing?
A federal probation officer works for the judicial branch and conducts an independent, impartial presentence investigation for the sentencing judge. The officer is not the defendant's attorney and is not the prosecutor. Preparation for the presentence interview should be coordinated with defense counsel rather than handled alone.
Last reviewed: September 4, 2026 About 1 min read
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FederalPSR reviewOfficial-source checkedAttorney review pending
Why is reviewing my federal PSR important?
Rule 32 generally requires the presentence report to be disclosed before sentencing, and the parties generally have a set period afterward to state written objections. Court orders and local procedures affect how objections are submitted. Reviewing only the guideline calculation is not enough, because other parts of the report can matter later.
Last reviewed: September 4, 2026 About 1 min read
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FederalPlea preparationOfficial-source checkedAttorney review pending
What is a federal plea agreement?
A plea agreement is an agreement between the defendant and the government about a guilty or no-contest plea. The exact terms vary a great deal from case to case, and Rule 11 describes different categories of agreement. The judge is not automatically bound by every recommendation contained in an agreement.
Last reviewed: September 4, 2026 About 2 min read
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FederalPlea preparationOfficial-source checkedAttorney review pending
What happens at a federal change-of-plea hearing?
Before accepting a guilty or no-contest plea, the court addresses the defendant personally in open court. That discussion is commonly called the Rule 11 plea colloquy, and it covers a defined set of subjects. Local practice varies, so counsel is the right source for how a particular courtroom handles it.
Last reviewed: September 4, 2026 About 2 min read
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FederalSentencingOfficial-source checkedAttorney review pending
How does federal sentencing work?
In federal court the judge imposes the sentence. The Sentencing Guidelines are advisory rather than mandatory, and the court must consider the factors Congress set out in 18 U.S.C. section 3553(a). Statutory limits still apply, and the sentence imposed is not the same thing as a release date.
Last reviewed: September 4, 2026 About 2 min read
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FederalSentencingOfficial-source checkedAttorney review pending
What happens at a federal sentencing hearing?
A federal sentencing hearing is where the court resolves remaining disputes, hears from the parties, and then imposes and explains the sentence. Local practice varies in how hearings are scheduled and conducted. The oral sentence and the later written judgment are related but separate documents.
Last reviewed: September 4, 2026 About 2 min read
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FederalPost-sentencingOfficial-source checkedAttorney review pending
What happens after federal sentencing?
What happens immediately after a federal sentencing hearing depends on the court's custody order and the person's existing custody status. The court imposes the sentence, but different agencies handle the steps that follow, including the Marshals Service, the Bureau of Prisons and United States Probation.
Last reviewed: September 4, 2026 About 3 min read
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FederalCustody transitionOfficial-source checkedAttorney review pending
What Is the Difference Between Good-Conduct Time, First Step Act Time Credits, the Second Chance Act, and RDAP?
Prior-custody credit, good-conduct time, First Step Act Time Credits and Second Chance Act prerelease placement are four different mechanisms. They have different purposes, different requirements and different decision-makers, and they are frequently confused with one another in everyday conversation.
Last reviewed: September 6, 2026 About 6 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
How does federal good-conduct time work?
Good-conduct time is a possible reduction administered by the Bureau of Prisons for qualifying federal sentences, with eligible people earning up to 54 days for each year of the sentence imposed. People often call this fifteen percent off, but that is shorthand rather than the rule.
Last reviewed: September 4, 2026 About 2 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
What are First Step Act Time Credits?
First Step Act Time Credits are separate from good-conduct time. They are earned through successful participation in qualifying programs and productive activities assigned by the Bureau of Prisons. Earning is not automatic, does not apply to everyone, and eligibility is determined by the Bureau of Prisons.
Last reviewed: September 4, 2026 About 3 min read
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FederalRelease and reentryOfficial-source checkedAttorney review pending
How do the Second Chance Act, RRC placement, and home confinement work?
Second Chance Act prerelease placement, Residential Reentry Center placement, home confinement, First Step Act Time Credits, release from imprisonment and supervised release are related topics, but they are not the same thing. Each involves different authority, different criteria and different decision-makers.
Last reviewed: September 4, 2026 About 6 min read
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FederalSupervised releaseOfficial-source checkedAttorney review pending
What is federal supervised release?
Federal supervised release is a court-ordered period of community supervision that generally begins after release from imprisonment. It is not parole, it is not a Bureau of Prisons time credit, and it is not the same as Residential Reentry Center or home-confinement placement.
Last reviewed: September 4, 2026 About 4 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
Does Everyone Automatically Get 15% Off a Federal Sentence?
No. There is no automatic percentage reduction of a federal sentence. Qualifying federal prisoners serving eligible terms may receive up to 54 days of good-conduct time for each year of the sentence imposed, subject to statutory and Bureau of Prisons requirements. Good-conduct time is separate from First Step Act Time Credits.
Last reviewed: September 6, 2026 About 4 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
How Does Someone Earn 10 Days Versus 15 Days of First Step Act Time Credits?
An eligible person earns 10 days of First Step Act Time Credits for every 30 days of successful participation in assigned programs or productive activities. An additional five days for each 30-day period requires a Bureau of Prisons determination of minimum or low recidivism risk and that the person has not increased their risk of recidivism over two consecutive assessments.
Last reviewed: September 6, 2026 About 3 min read
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FederalCustody transitionOfficial-source checkedAttorney review pending
When Can First Step Act Credits Begin—During Detention, After Sentencing, or After Arrival at a BOP Facility?
First Step Act Time Credits cannot be earned for programs completed during official detention before the term of imprisonment begins. Through September 29, 2026 the regulation ties the start of earning to arrival or voluntary surrender at the designated BOP facility. An interim final rule effective September 30, 2026 removes that designated-facility restriction.
Last reviewed: September 6, 2026 About 6 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
Who Is Eligible to Earn First Step Act Time Credits?
Eligibility to earn First Step Act Time Credits is defined by statute and regulation and determined by the Bureau of Prisons, not by the court and not by CaseSteps. Certain offenses of conviction are excluded by statute, and separate rules govern whether earned credits may later be applied.
Last reviewed: September 6, 2026 About 4 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
What Is a PATTERN Risk Score, and Why Does It Matter?
PATTERN is the Bureau of Prisons' risk and needs assessment tool for recidivism risk. It is not a security classification, not a needs assessment, and not itself a decision about credits. It matters because the additional five days of First Step Act credit and the application of earned credits both turn on recidivism-risk determinations.
Last reviewed: September 6, 2026 About 4 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
What Is the Difference Between Earning First Step Act Credits and Having Them Applied?
Earning credits and having credits applied are two different steps. A person may earn First Step Act Time Credits without yet qualifying to have them applied toward prerelease custody or supervised release, because application carries additional statutory requirements and separate treatment for medium and high recidivism risk.
Last reviewed: September 6, 2026 About 2 min read
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FederalRelease and reentryOfficial-source checkedAttorney review pending
Why Can the BOP Release Date Differ From a First Step Act or Conditional Release Date?
Bureau of Prisons records can show more than one date, and the figures measure different things: a computation based on the sentence imposed and prior-custody credit, good-conduct time, applied First Step Act credits, and prerelease placement. Only the Bureau of Prisons performs the official computation, and figures can change.
Last reviewed: September 6, 2026 About 2 min read
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FederalRelease and reentryOfficial-source checkedAttorney review pending
Does the Second Chance Act Guarantee 12 Months in a Residential Reentry Center?
No. Federal prerelease authority permits up to 12 months in community conditions such as a Residential Reentry Center (RRC), often called a halfway house. Up to 12 months is a maximum, not a guarantee, and placement decisions must be individualized. RRC placement, home confinement, First Step Act credits and early supervised release are not interchangeable.
Last reviewed: September 6, 2026 About 4 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
What Can Someone Do if Their First Step Act Credit Record Appears Incorrect?
A credit record that appears incorrect is usually discussed first with the unit team, using the Bureau of Prisons' own documents, and with counsel where appropriate. The Bureau of Prisons also operates a general Administrative Remedy Program. CaseSteps does not write grievances, appeals, arguments or deadline calculations.
Last reviewed: September 6, 2026 About 3 min read
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FederalTime and creditsAttorney review pending
Does First Step Act Eligibility Depend on the Conviction, the PSR, or Relevant Conduct?
The regulation ties the earning exclusion to the offense a person is serving a term of imprisonment for, which points to the offense of conviction rather than to uncharged conduct. The presentence report still matters, because the Bureau of Prisons uses it to identify the statutes involved and to make classification and programming decisions.
Last reviewed: September 6, 2026 About 6 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
What Can Someone Do if Their PATTERN Assessment Appears Incorrect?
An assessment is produced by the Bureau of Prisons from record information. When it appears to rest on incorrect information, the general path is to ask the unit team which document shows the assessment and what it drew on, and then to use the Bureau of Prisons Administrative Remedy Program in 28 C.F.R. part 542.
Last reviewed: September 6, 2026 About 4 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
Which Programs, Classes, Jobs, and Productive Activities Count Toward First Step Act Credits?
The regulation counts successful participation in evidence-based recidivism reduction programs and productive activities that the Bureau of Prisons recommended based on the person's individualized risk and needs assessment. Being enrolled in something worthwhile is not the test; the activity has to be assigned, qualifying and recorded.
Last reviewed: September 6, 2026 About 3 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
What Happens if a Qualifying Program Has a Waiting List or Is Canceled?
The regulation says that temporary operational or programmatic interruptions authorized by the Bureau of Prisons will not ordinarily affect an eligible person's successful participation. A waiting list is a different situation, and wanting to participate is not by itself successful participation.
Last reviewed: September 6, 2026 About 6 min read
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FederalTime and creditsAttorney review pending
What Is the Difference Between an Excused Absence, Opting Out, and Refusing a Program?
Missing a session with staff approval, declining the First Step Act framework altogether, and refusing or withdrawing from a recommended program are three separate things that produce three different records, and they are not treated the same way.
Last reviewed: September 6, 2026 About 4 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
Can SHU Placement, Hospitalization, a Writ, or a Transfer Affect Credit Earning?
The regulation lists several placements separately, including special housing unit placement, designation status outside the institution such as extended medical placement, temporary transfer to another agency's custody, mental-health holds, and opting out. They are not all the same, and none of them is a reason to decline medical care.
Last reviewed: September 6, 2026 About 3 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
Can Earned First Step Act Credits Be Lost or Restored?
Yes. The Bureau of Prisons states that earned credits may be lost for misconduct or for violating program rules, that only credits earned as of the date of the misconduct may be reduced, and that written notice is required. Restoration is described as discretionary and case by case.
Last reviewed: September 6, 2026 About 7 min read
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FederalRelease and reentryOfficial-source checkedAttorney review pending
Can Someone Continue Earning First Step Act Credits in an RRC or on Home Confinement?
A Residential Reentry Center placement and home confinement are prerelease custody, and a person in prerelease custody is still serving the term of imprisonment. Whether credits continue to accrue depends on whether assigned qualifying programming continues and is recorded. Supervised release is a different thing.
Last reviewed: September 6, 2026 About 3 min read
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CaliforniaInvestigation or early caseOfficial-source checkedAttorney review pending
What are the main stages of a California criminal case?
Adult criminal cases—early stages only
California criminal charges may be classified as infractions, misdemeanors or felonies. This reading explains in general terms how an adult misdemeanor or felony case commonly moves from filing through arraignment and pretrial, without stating deadlines or predicting outcomes. Local practice varies between counties and courthouses.
Last reviewed: September 5, 2026 About 5 min read
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CaliforniaArraignment and pretrialOfficial-source checkedAttorney review pending
What happens at a California arraignment and during pretrial?
Adult criminal cases—early stages only
An arraignment is usually the first court date in an adult California criminal case. This reading explains in general terms what an arraignment commonly addresses and what pretrial proceedings involve, without recommending a plea, predicting release or evaluating evidence. Local practice varies between counties and courthouses.
Last reviewed: September 5, 2026 About 5 min read
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FederalPost-sentencingOfficial-source checkedAttorney review pending
Who calculates a federal sentence and the projected release information?
The Bureau of Prisons computes federal sentences, through the Designation and Sentence Computation Center. The sentencing court imposes the sentence but does not perform the computation. This answer sits inside the reading on why Bureau dates can differ from one another.
Last reviewed: September 6, 2026 About 2 min read
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FederalCustody transitionOfficial-source checkedAttorney review pending
Why can time in detention count toward a sentence but still not earn First Step Act Time Credits?
Two separate systems are at work: prior-custody credit under 18 U.S.C. section 3585(b), and First Step Act Time Credits earned for assigned qualifying programming. This answer sits inside the dated reading on when credit earning can begin.
Last reviewed: September 6, 2026 About 2 min read
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FederalPost-sentencingOfficial-source checkedAttorney review pending
When does a federal sentence officially begin?
Under 18 U.S.C. section 3585(a) a sentence commences when the person is received in custody awaiting transportation to, or arrives voluntarily at, the facility where the sentence is to be served. That is not the same as the hearing date, the designation date or the arrival date at a particular prison.
Last reviewed: September 6, 2026 About 7 min read
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FederalPost-sentencingOfficial-source checkedAttorney review pending
Does time spent in jail before or after sentencing count toward a federal sentence?
Section 3585(b) allows credit for official detention before the sentence commences, in two described circumstances, and only where that time has not already been credited against another sentence. The Bureau of Prisons performs the computation; CaseSteps never calculates any period.
Last reviewed: September 6, 2026 About 5 min read
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FederalCustody transitionOfficial-source checkedAttorney review pending
How does the Bureau of Prisons decide which federal facility someone will be sent to?
Designation is a Bureau of Prisons decision under 18 U.S.C. section 3621(b), made centrally at the Designation and Sentence Computation Center. The statute lists the considerations, including security, medical and program needs, bed space, release residence and court recommendations.
Last reviewed: September 6, 2026 About 6 min read
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FederalSentencingOfficial-source checkedAttorney review pending
Can a federal judge recommend a particular prison, and must the Bureau of Prisons follow it?
A sentencing court may recommend a facility or a type of facility, and the Bureau must consider that recommendation among the statutory factors. The designation decision itself remains with the Bureau of Prisons under 18 U.S.C. section 3621(b).
Last reviewed: September 6, 2026 About 5 min read
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FederalCustody transitionOfficial-source checkedAttorney review pending
Why can someone remain in a detention center after sentencing, and how do designation and transfer work?
Sentencing does not move anyone. Documents must reach the Designation and Sentence Computation Center, a designation is then made, and physical transportation is a separate step. Transfer dates are not released. CaseSteps gives no timing of any kind.
Last reviewed: September 6, 2026 About 8 min read
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FederalPost-sentencingAttorney review pending
How can federal and state custody, writs and concurrent or consecutive sentences affect when a federal sentence begins?
An advanced topic. Primary custodial jurisdiction, production under a writ of habeas corpus ad prosequendum, sentence commencement, prior-custody credit and concurrent or consecutive sentencing are five separate questions, and CaseSteps answers none of them for an individual.
Last reviewed: September 6, 2026 About 7 min read
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FederalCustody transitionOfficial-source checkedAttorney review pending
What is a detainer, and how can it affect designation, transfer or First Step Act Time Credits?
A detainer is a notice from another authority of an interest in taking custody later. It is not the same as a pending charge, a final order of removal or unresolved immigration status, and it is not a general bar to earning First Step Act credits.
Last reviewed: September 6, 2026 About 9 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
How can someone review a Bureau of Prisons sentence computation and raise a possible error?
Ask appropriate Bureau of Prisons staff for an explanation and a current computation record, review it with qualified counsel, and learn whether the Administrative Remedy Program applies. CaseSteps drafts nothing and calculates nothing.
Last reviewed: September 6, 2026 About 5 min read
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FederalRelease and reentryOfficial-source checkedAttorney review pending
What is the difference between prerelease custody, a Residential Reentry Center, home confinement and supervised release?
Prerelease custody is the general category; a Residential Reentry Center (RRC), often called a halfway house, and home confinement are its two types. Supervised release is different in kind — a term imposed by the sentencing court. This answer sits inside the prerelease placement reading.
Last reviewed: September 6, 2026 About 2 min read
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FederalRelease and reentryOfficial-source checkedAttorney review pending
How does the Bureau of Prisons decide the length and timing of Residential Reentry Center placement?
The Bureau decides, on an individual basis, within the time-frames in 28 C.F.R. § 570.21 and consistent with the designation factors in 18 U.S.C. § 3621(b). There is no formula, and CaseSteps estimates no placement length.
Last reviewed: September 6, 2026 About 9 min read
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FederalRelease and reentryOfficial-source checkedAttorney review pending
Who decides whether someone is placed in home confinement, and can a federal judge order it?
The Bureau of Prisons decides. A sentencing court may recommend, and 18 U.S.C. § 3621(b) directs the Bureau to consider a statement by the court, but a home-confinement placement is not a judicial sentence reduction or a compassionate-release order.
Last reviewed: September 6, 2026 About 8 min read
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FederalTime and creditsOfficial-source checkedAttorney review pending
Do earned First Step Act Time Credits automatically guarantee placement in an RRC or home confinement?
No. Earning credits, having them recorded and having them applied are separate steps, and placement is a separate Bureau decision on top of all of them. 28 C.F.R. § 523.44 sets out the conditions for application.
Last reviewed: September 6, 2026 About 8 min read
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How can First Step Act Time Credits be applied toward an early transfer to supervised release?
18 U.S.C. § 3624(g)(3) allows the Director to transfer a person to begin a court-imposed term of supervised release at an earlier date, not to exceed 12 months, based on the application of time credits. 28 C.F.R. § 523.44(d) adds further conditions.
Last reviewed: September 6, 2026 About 10 min read
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FederalSupervised releaseOfficial-source checkedAttorney review pending
Do unused First Step Act Time Credits shorten supervised release after supervision begins?
The credit rules describe application toward prerelease custody or an earlier start to supervision. They do not describe reducing the court-imposed supervision term, which after supervision begins is a matter for the court under 18 U.S.C. § 3583(e).
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What is RDAP, and how is its possible early-release benefit different from First Step Act Time Credits and good-conduct time?
RDAP is a Bureau treatment program with components defined in 28 C.F.R. § 550.53. A separate provision, 18 U.S.C. § 3621(e), allows the Bureau to reduce the period of custody of an eligible person who completes it by not more than one year.
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FederalSupervised releaseOfficial-source checkedAttorney review pending
What is federal supervised release, when does it begin and what is the probation officer's role?
Supervised release is imposed by the sentencing court under 18 U.S.C. § 3583 and, under § 3624(e), commences on the day the person is released from imprisonment. It is not federal parole. This answer sits inside the supervised-release reading.
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FederalSupervised releaseOfficial-source checkedAttorney review pending
Can federal supervised release be modified, terminated early or revoked?
All three are court decisions under 18 U.S.C. § 3583(e), and they are not the same thing. Early termination is available after the expiration of one year of supervision but is not automatic. Alleged violations are handled under Rule 32.1.
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FederalCustody transitionOfficial-source checkedAttorney review pending
What changed when the Bureau of Prisons expanded the use of minimum-security camps?
On May 28, 2026 the Bureau of Prisons announced increased use of minimum-security camps as intermediate transitional placements for eligible people who already have a Residential Reentry Center or home-confinement placement date. The announcement does not guarantee a camp transfer, an earlier community-placement date, direct placement in home confinement or release from Bureau custody.
Last reviewed: September 7, 2026 About 5 min read
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FederalRelease and reentryOfficial-source checkedAttorney review pending
Why might someone leaving a federal prison camp still have to wear an ankle monitor?
A federal prison camp is still a place of imprisonment, and the person remains in Bureau of Prisons custody. Moving to a Residential Reentry Center or home confinement changes the location and conditions of custody; it does not necessarily end the term of imprisonment. Electronic monitoring may be used to enforce the conditions of community placement.
Last reviewed: September 7, 2026 About 12 min read
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FederalRelease and reentryOfficial-source checkedAttorney review pending
Probation is monitoring me at home. Am I still in BOP custody?
Probation may administer location monitoring while someone remains in BOP prerelease custody. Learn how to identify the person's actual status and which authority may control a request to change monitoring.
Last reviewed: September 7, 2026 About 12 min read
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Planned educational topics

These topics are not written yet. They are listed so the library is honest about what is finished and what is not.

FederalTime and creditsPlanned educational topic
What is the First Step Act?
A general overview of the statute as a whole is planned. First Step Act Time Credits, which are one part of it, already have a completed reading.
No educational answer is published for this topic yet.
FederalRelease and reentryPlanned educational topic
What is the Second Chance Act?
A general overview of the statute as a whole is planned. Prerelease placement under the Act already has a completed reading.
No educational answer is published for this topic yet.

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