What Happens After an Indictment?
Being indicted for a crime is a serious matter. It marks a significant turning point, launching a complex legal process that requires immediate attention. When a grand jury issues an indictment, it means they believe there’s probable cause to think you committed a crime. It’s important to remember that an indictment is not a guilty verdict. It’s simply the start of the legal proceedings.
This guide provides a comprehensive overview of what happens after indictment, offering actionable advice to help you navigate this difficult situation. We’ll cover key steps like the initial appearance, arraignment, bail, discovery, potential motions, trial preparation, the trial itself, sentencing, and appeals.
Above all, this guide will highlight the importance of securing experienced legal representation and actively participating in your defense. You need to know your rights and options every step of the way.
Understanding the Indictment
So, what exactly is an indictment, anyway? It’s a key step in the legal process, so let’s break it down.
What is an Indictment?
Think of an indictment as a formal accusation. It’s a charge issued by a group of citizens called a grand jury. This charge says that they believe you committed a crime, usually a serious one like a felony. An indictment means there’s enough evidence to move forward with a criminal trial.
The grand jury’s job is to look at the evidence the prosecutor presents and decide if there’s “probable cause” – a reasonable basis to believe a crime was committed. The grand jury process is usually private and only hears evidence from the prosecutor. Keep in mind that the standard of proof for an indictment is lower than what’s needed to actually convict someone at trial.
Indictment vs. Criminal Charge
It’s easy to confuse an indictment with a regular criminal charge, but there’s a key difference: where the charge comes from. An indictment comes from a grand jury, while a prosecutor can file a criminal charge directly. Federal felony charges usually require a grand jury indictment.
The grand jury acts as an independent reviewer, making sure there’s a good reason to bring charges in the first place. It’s an extra layer of scrutiny to protect people from being charged without sufficient evidence.
What are the initial steps after an indictment?
Once someone is indicted, there’s a series of legal proceedings that typically follow.
Arrest and initial appearance
In many cases, the person named in the indictment is arrested, sometimes without any prior knowledge that charges were pending.
After the arrest, the defendant is brought before a judge for an initial appearance. At this hearing, the judge informs the defendant of the charges, their legal rights, and the possible penalties if they’re convicted. The court will also determine whether the defendant needs a court-appointed attorney.
Arraignment and plea
An arraignment is a formal hearing that typically follows the initial appearance. At the arraignment, the defendant enters a plea. The pleas the defendant can enter are:
- Guilty
- Not guilty
- No contest
Often, defendants will plead not guilty at this early stage to preserve their rights as the legal process moves forward.
What happens next: Navigating pretrial procedures
An indictment is just the first step in a long legal process. Here’s a look at what typically happens in the time between indictment and trial.
Bail and pretrial release
After an indictment, the court will hold a hearing to decide whether to grant bail and, if so, what the conditions of release will be. The judge will consider things like the severity of the charges, the defendant’s prior criminal record, and whether they think the defendant is likely to flee.
If the defendant is released on bail, that release may come with conditions, such as restrictions on travel, electronic monitoring, or surrendering their passport.
Discovery process
Discovery is the formal process where the prosecution and the defense exchange information and evidence. This includes things like police reports, witness statements, documents, and forensic evidence. It’s critical that the defense team participate fully in the discovery process so they can build the strongest possible defense.
Pretrial motions
Pretrial motions are formal requests to the court to rule on specific issues before the trial begins. These motions are a way for the defense to challenge the prosecution’s case.
Common pretrial motions include:
- Motions to suppress evidence
- Motions to dismiss the indictment
- Motions to change the venue (location) of the trial
Motions to dismiss are often unsuccessful, but they can be valuable in certain situations.
Trial and Beyond
After an indictment, the case moves toward trial. Here’s how that generally goes.
Trial Preparation and the Trial
The defendant and their legal team must build a solid defense. That means gathering evidence, interviewing witnesses, and mapping out their legal strategy. The defendant has the right to testify, but they’re not required to do so.
Ultimately, it’s up to the prosecution to prove the defendant’s guilt beyond a reasonable doubt.
Trials that follow an indictment are pretty much the same as other criminal trials, with evidence presented, witnesses questioned, and the jury deliberating. That said, acquittal rates in federal cases are pretty low.
Sentencing and Appeals
If the jury convicts the defendant, the court will hand down a sentence, based on the severity of the crime, the defendant’s past record, and other things.
Defendants have the right to appeal a conviction or sentence if they believe there were legal errors or constitutional violations during the trial. Keep in mind that the appeals process can be long and complicated.
How to spot the signs that you might be indicted
An indictment is a serious matter. If you think you might be indicted, you should immediately contact a lawyer. Here are some things to watch out for:
- Target Letter: Prosecutors send these letters to let you know that you’re the focus of a criminal investigation.
- Subpoenas: Receiving a subpoena to hand over documents or testify means that either you or people connected to you are being investigated.
- Search Warrants: If law enforcement executes a search warrant at your home or business, that means they’re actively gathering evidence against you.
- Interviews: If your friends, family, or coworkers are being interviewed by law enforcement, they’re likely trying to learn more about your activities.
- Asset Freezes: If law enforcement freezes your assets, that means they suspect you’re involved in illegal activities.
What to do after an indictment
Being indicted is a serious situation. Here’s what you should do:
- Get a lawyer, fast. A skilled criminal defense attorney can explain the charges, advise you of your rights, and develop a defense strategy. It’s a good idea to speak with a few attorneys before you choose one.
- Don’t talk to anyone about the case except your lawyer. Anything you say can be used against you in court. You have the right to remain silent, so use it.
- Follow all court orders. The court may set conditions for your release, such as attending meetings or staying within certain boundaries. Failing to comply can lead to additional legal trouble.
Frequently Asked Questions
What is the return of an indictment?
The return of an indictment is when a grand jury formally presents its decision to the court. After reviewing the evidence presented by the prosecution, the grand jury votes on whether there’s enough probable cause to charge someone with a crime. If they find sufficient evidence, they “return” the indictment, meaning they officially deliver it to the court, signaling the start of the criminal case.
How long after being indicted do you go to court?
The timeframe between indictment and your first court appearance (often an arraignment) can vary. It usually depends on the court’s schedule, the complexity of the case, and how quickly law enforcement can locate and arrest the individual. Generally, you can expect to appear in court within a few weeks to a couple of months after the indictment is issued.
What does it mean when you have been indicted?
Being indicted doesn’t mean you’re guilty, but it’s a serious step. It means a grand jury believes there’s enough evidence to formally accuse you of a crime and proceed with a trial. The indictment is essentially the formal charge. You’ll then have the opportunity to enter a plea (guilty, not guilty, or no contest) and the case will move forward through the legal process.
Wrapping Up
Navigating the legal system after an indictment requires you to be proactive, make informed decisions, and get the best legal support you can find. It’s essential that you fully understand your rights, what charges you’re facing, and what options you have.
Hiring an experienced criminal defense attorney is crucial to protecting your interests and working toward the best possible outcome in your case. The legal process can feel overwhelming, but with the right advice and guidance, you can navigate the system effectively and safeguard your future.