Federal Indictment Defense Lawyers
A federal indictment is a formal accusation that a person has committed a crime. Federal prosecutors, typically from a U.S. Attorney’s office, obtain an indictment from a grand jury. The indictment contains the basic information that informs the person of the charges against them.
An indictment is one way that a person can be charged with a federal felony crime. The other ways are an information and a complaint. An information is filed by the U.S. Attorney without a grand jury. A complaint is filed by a law enforcement officer, usually to obtain an arrest warrant before an indictment or information is filed.
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(212) 300-5196| Charging Method | Who Files It | Grand Jury Required? |
|---|---|---|
| Indictment | U.S. Attorney via grand jury | Yes |
| Information | U.S. Attorney directly | No |
| Complaint | Law enforcement officer (for arrest warrant) | No |
Key Elements of a Federal Indictment
An indictment must contain certain information:
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You received a letter from a federal court notifying you that a grand jury has returned a multi-count indictment against you for wire fraud and money laundering. You had no idea you were under investigation and have never spoken to federal agents or prosecutors about the case.
What are my immediate next steps after learning I've been federally indicted, and how much time do I have before I need to appear in court?
Your first and most critical step is to retain an experienced federal defense attorney before making any statements to law enforcement, as anything you say can be used against you under the Fifth Amendment. Once a federal indictment is issued, a warrant or summons will follow, and you will need to appear for an arraignment where you will enter a plea — typically within days if arrested or within a few weeks if summoned. Your attorney can negotiate a voluntary surrender with the U.S. Attorney's office, which often results in more favorable bail conditions than an unannounced arrest. Under the Speedy Trial Act (18 U.S.C. § 3161), the government must bring you to trial within 70 days of the indictment or your initial appearance, though defense attorneys frequently waive this timeline to allow adequate preparation of your case.
This is general information only. Contact us for advice specific to your situation.
- The indictment must be a “plain, concise, and definite written statement of the essential facts constituting the offense charged”2
- It must specify the law(s) that the defendant is alleged to have violated2
- It must contain the official or customary name of the crime charged2
- It must state the specific facts that constitute the elements of the crime2
- It must be signed by an attorney for the government, usually an Assistant U.S. Attorney2
The indictment is divided into counts, each of which alleges a separate crime. Each count must stand on its own, so that if some counts are later dismissed, the remaining counts are still valid.
