§1455 Procedure for removal of criminal prosecutions

Summary

If a defendant wants to move a criminal case from a state court to a federal court, they must file a notice in the right federal district court. The notice must be signed under the federal civil rules (Rule 11), say in plain words why the case should be moved, and include copies of the papers the defendant got in the state case. The notice must be filed no later than 30 days after the state arraignment, or any time before trial, whichever comes first. The notice must list every reason for removal that exists when it is filed; missing a reason then usually means it is lost, though the court can allow exceptions for good cause. Filing to remove does not automatically stop the state court from going on, but a conviction can’t be entered unless the case is sent back. The federal court must look at the notice quickly. If it clearly should not be removed, the federal court will send the case back right away. If not, the federal court will hold a quick hearing and decide what to do. If the federal court takes the case and the defendant is in state custody, the court will issue a writ of habeas corpus, the U.S. marshal will take the defendant into federal custody, and a copy of the writ will be given to the state court clerk.