Facing a federal indictment is a worrying situation for anyone to encounter. Fewer than 1% of federal criminal defendants are acquitted. The criminal process often can take over a year to reach it’s conclusion. Knowing what happens after an indictment is important for anybody in this scenario.
Today we’ll not only cover what happens after an indictment, but also what an indictment is, why it is different from a criminal charge and why working with a federal criminal defense lawyer is the most important decision you can make in this situation.
Some Background on Indictments
First, What is an Indictment?
An indictment is when a defendant has been formally accused of committing a federal crime. The process is completed under the Fifth Amendment to the U.S. Constitution, which states indictment must be used to prosecute a capital or otherwise infamous case.
Other names for an indictment include presentment, true bill, and grand jury indictment. To indict someone, prosecutors must first present evidence to a grand jury consisting of 16-23 jurors. This process occurs in secrecy, which is why defendants are often left unaware of the situation until they have been indicted.
An indictment confirms that the grand jury has decided that the prosecutors have enough evidence to continue with the legal process against the defendant. The indictment document will, therefore, contain;
- A written statement detailing the facts of the offense,
- Details of the statute, rule, or regulation that was violated,
- The defendant’s details,
- The prosecuting government attorney’s signature.
Why Might Someone be Indicted?
An indictment is only used for serious felony crimes that may be punishable by at least one year in jail or even the death penalty. Examples include murder and capital murder, drug crimes, assault, larceny-theft, fraud, and violent crimes.
Indictment can technically be used for Class A felonies (life imprisonment or death penalties) all the way down to Class E felonies (1-5 years imprisonment). An indictment will never be used for misdemeanors. Therefore, the main reasons why a person may be indicted rather than charged in a traditional way include;
- Seriousness of the crime,
- Evidence presented by prosecutors,
- Prosecutors wanted to keep things secret,
- The case is politically charged,
- Prosecutors had to take this route as per the U.S. Constitution.
While many defendants are unaware that an indictment is coming, there are several potential signs to look for. A target letter, search warrant, freeze of assets, consultation request from law enforcers, or notifications from your bank asking for financial records may all be linked to an ongoing preparation for the grand jury process.
What’s the Difference and Indictment and a Criminal Charge?
The terms “indicted” and “charged” are commonly used interchangeably, but this is inaccurate. While they both relate to a defendant facing criminal charges with an aim to move the case toward trial, there is a distinct difference.
- Indictments are filed by grand juries,
- Charges are filed by prosecutors.
Criminal charges may relate to any crime, including misdemeanors with less severe consequences, while the subsequent legal procedures are often shorter. So, while 1 in 3 Americans has a criminal record of some kind, far fewer are indicted. Naturally, this can make the situation even more daunting for those who do face indictment.
Defendants should also know that prosecutors may post criminal complaints to secure your quick arrest before bringing indictment claims to the grand jury after you’ve been arrested.
What to Expect After an Indictment
By the time you face an indictment, a lot of legal work has already happened behind the scenes for the prosecution. Prosecutors have already compiled evidence and undergone a juror assessment to confirm that the case is worth pursuing.
So, what happens after an indictment is confirmed?
Arrest and Initial Appearance
After the indictment document has been released, it is in the best interests of the prosecutors and law enforcers to bring defendants to custody right away. To do this, they will send out an arrest warrant and may additionally offer defendants the chance to turn themselves in.
Following an arrest, you will be due your initial appearance with the federal Magistrate Judge within 72 hours. It is a wise idea to work with a criminal defense lawyer at this time, not least because they can advise you on exercising your right against self-incrimination. You have the right to remain silent, gain counsel representation, know all charges against you, or seek preliminary hearings.
The initial appearance is also when the Magistrate Judge decides whether the defendant should be detained or given the opportunity to secure a pretrial release (such as bail). If it is the former, you also have the right to a detention hearing. This is a hearing in which the judge must prove that the safety of the community would be under threat regardless of any release conditions. If they can’t, a pretrial release may be possible once again.
Arraignment
Even if you do not use a defense lawyer during the arrest and initial appearance, it is essential to have one during the arraignment phase. This is a time when the Magistrate Judge will inform the defendant of the charges against them while it is additionally the moment in which they must post their initial plea of guilty or not guilty.
A defense lawyer will help you navigate the complexities of the plea-posting process while also ensuring that you utilize your rights as a defendant.
The indictment document is formally presented at this time, which is why the charges read against you become official. Whether pleading guilty or not guilty, it will be necessary to enter this plea at the bar. After this, you will be taken into custody unless a pretrial release has been arranged. As with a standard criminal charge, you will be expected to remain here until your trial date.
Due to the seriousness of the crime, though, stricter detention rules may be implemented. This could include house arrest, curfews, or travel restrictions.
Bail Hearing & Plea Bargaining
Bail hearings are only used for state crimes, and not offered when facing federal indictment. However, as already discussed, pretrial release may be possible even if it comes after a detention hearing. The prospect of pretrial release can also be discussed at the arraignment. If this is offered to you, it is vital that you obey the terms of release, even if they are stricter than those used for bail relating to standard charges.
In addition to pretrial releases, it’s important for defendants to understand plea bargaining. A plea bargain is when a defendant agrees to plead guilty and avoid contesting the charges in return for concessions from the prosecution. The most common concessions are;
- Remove some of the charges from the prosecution in return for knowing you’ll be found guilty of the remaining charges,
- Reduce the severity of the charges brought against you, although you will be found guilty for them.
- Provide more lenient sentencing, which is most commonly defined as a reduced jail sentence.
Plea bargaining is a process that can ultimately help you secure reduced punishments, which is highly attractive as over 90% of federal indictment defendants plead guilty. By pleading guilty, there is no need for a long trial either, which can streamline the legal process and help you learn your fate far sooner. For most, this is a far better outcome than waiting in legal purgatory. Not least because defendants who are found guilty at trial will face worse punishments due to trial penalties.
Prosecutors will still want to achieve significant punishments for your conviction, though, and will take advantage of your inexperience if you choose to enter the plea bargaining alone. Consequently, then, the support of a defense lawyer who can negotiate the best outcomes on your behalf.
The Discovery Process
Assuming that you decide against plea bargaining, the case will go to trial. Before this, though, the discovery process will be completed. At this stage, the prosecution and defense teams exchange information such as witness lists or evidence. This includes items that were presented to the grand jury before the indictment.
The discovery process gives you a chance to spot inconsistencies within the evidence or find other ways to contest parts of the prosecution, which could include contesting the validity of evidence or the accuracy of witness statements.
While you will be required to share information that has been requested by the prosecutors, the burden remains on them to prove your guilt. In many ways, the exchange of information can be very beneficial for you as it allows your legal team to build a stronger defense, particularly when pleading not guilty.
Defendants do have the opportunity to change their plea or use plea bargaining at any time before going to trial. Defense lawyers may advise this if the prosecution’s evidence looks consistent and watertight, allowing you to still avoid some of the charges, expenses, and stresses of going to trial.
The pretrial process also covers pretrial motions, which allows either the prosecution or defense team to request evidence exclusions or dismissed charges. Pretrial court rulings can subsequently help guide your defense strategy and presentation.
Trial & Sentencing
When held in custody awaiting trial, the Federal Speedy Trial Act states that you have the right to face trial within 70 days from your arraignment.
The trial following an indictment shares many similarities with trials associated with standard criminal charges. The prosecution and defense will be given the chance to present their contrasting sides of the case while the judge or jury will determine whether the defendant is “guilty beyond all reasonable doubt” or not. Some of the key elements of the trial include;
- Opening statements,
- Witness testimony,
- Cross-examinations,
- Closing arguments.
Conviction rates are very high for federal indictment cases, but it should be noted that this is partly because such a high percentage of defendants plead guilty and do not go to trial. Moreover, the prosecution ultimately has control over the initial grand jury process. So, the fact that an indictment was served does not necessarily mean that a conviction is guaranteed.
If found guilty, the case moves on to sentencing. Regardless of whether found guilty by a judge or jury, sentencing is completed by the judge. It is done on an individual basis, taking the severity of the crime and the defendant’s history into account. Sentences can include fines and other legal punishments like community service, but will often include jail time because indictments relate to felonies.
Even when found guilty, though, sentencing may be less severe than originally feared if you were found innocent in relation to some of the charges. Likewise, if some of the charges were dismissed before trial, the final sentencing may be more aligned with what you would have expected for a misdemeanor or lower-class felony.
The Appeals Process
Following sentencing, you will be expected to face the punishments as per the judge’s orders, although you may receive reductions in jail time for good behavior. However, defendants can also submit an appeal. An appeal may contest the conviction itself or focus on the sentence. Either way, the most common claims focus on;
- Constitutional rights violations,
- Unfair trials due to procedural
- Legal errors throughout the process.
The appeal may take several months, though, and you will continue to serve your sentence until if and when the verdict is reversed. When making an appeal, it is important to use your defense attorney as the prosecution has already secured a conviction and only a strong appeal will achieve the desired outcome.
An Indictment is Serious Business. Talk to a Criminal Lawyer.
Given that it is reserved for serious felonies with a potential punishment of at least one year’s imprisonment and only confirmed following a jury’s assessment, indictment is not something that can be taken lightly. Statistically speaking, defendants only have a small chance of being acquitted while a far larger percentage face large-to-maximum sentences behind bars.
Therefore, if you or a loved one have been served with an arrest warrant following the indictment, it’s imperative that you gain the right legal representation for all hearings and proceedings.
To learn more or gain professional representation today, get in touch now.
