My child has been charged. What happens now?

The first steps happen quickly: an arrest, a first court appearance within days, and a decision about whether your child will be held until trial. The most important thing you can do now is make sure a defense lawyer is involved as early as possible.

Federal or state court?

A drug death can be prosecuted in state court or in federal court. Federal cases are brought by a U.S. Attorney’s office, and a federal conviction for a drug death carries a 20-year minimum sentence. State cases follow that state’s laws and procedures, and penalties vary. Some cases begin in one system and move to the other — one case in the database began as a state murder charge before it was prosecuted federally.

The lawyer will know which court the case is in and what that means.

The usual steps in a federal case

The U.S. Department of Justice publishes an overview of the federal process. In outline:

1. Arrest and first appearance. Your child is told the charges and their rights. If they cannot afford a lawyer, the court can appoint one (U.S. Courts).
2. Detention hearing. The court decides whether your child stays in custody until trial. For serious federal drug charges, the law starts from a presumption that the person should be held, and the defense has to give the court reasons to release them (18 U.S.C. § 3142).
3. Charges. A grand jury decides whether to bring formal charges, called an indictment.
4. Evidence. The defense receives the evidence the prosecution has — often including phone records, messages, the autopsy and toxicology reports.
5. Plea negotiations or trial. More than 90 percent of federal defendants plead guilty rather than go to trial (U.S. Courts). Most cases in the case database where the outcome was reported ended in a plea.
6. Sentencing. A probation officer prepares a report on your child’s background and the offense. The judge must consider “the history and characteristics of the defendant” (18 U.S.C. § 3553) — but cannot go below a mandatory minimum except in narrow circumstances (see mandatory minimums).

These cases take time. In the case database, the median time from the death to sentencing was about three years.

State cases follow similar stages, but the names, the timing and the rules differ from state to state.

What you can do

• Help find a lawyer. See Finding a lawyer, and take the questions to ask a defense attorney to the first meeting.
• Be careful what is said. Calls from jail are usually recorded. In one case in the database, the defendant’s own words on recorded jail calls were used as evidence. Talk about the case only with the lawyer.
• Gather records. Medical records, prescriptions, addiction treatment history, school and work records may all help the lawyer — at the detention hearing and at sentencing. Ask what they need.
• Ask about letters. Ask the lawyer whether letters from family, employers or others who know your child would help at sentencing, and when they will be needed.
• Look after yourself. This is a long road. Help is available for families too.