Criminal Defense Lawyers

Federal Indictments

What is a Federal Indictment?

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.

Key Elements of a Federal Indictment

An indictment must contain certain information:

• 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.

How Federal Prosecutors Obtain an Indictment

To obtain an indictment, federal prosecutors present evidence to a grand jury about the case. The grand jury is made up of 16-23 citizens who serve for months or years and decide whether there is probable cause to charge someone with a crime.Prosecutors present evidence in the form of witness testimony, documents, and other exhibits. The grand jury proceedings are secret, and the person being investigated has no right to present evidence or be present at the proceedings.If the grand jury finds probable cause, it returns a “true bill,” which is the indictment. If the grand jury does not find probable cause, it returns a “no bill.” At least 12 grand jurors must vote in favor of an indictment.3

Sealed vs. Unsealed Indictments

An indictment can be “sealed” (kept secret) for a period of time to prevent the defendant from learning about the charges and fleeing. A sealed indictment is not made public until the defendant has been arrested. An “unsealed” indictment is public and is typically used when the defendant is not considered a flight risk.

Amending or Challenging an Indictment

An indictment can be amended by the government or challenged by the defendant before trial. Prosecutors can seek a superseding indictment to add or change charges. Defendants can file motions to dismiss some or all counts on various legal grounds, such as lack of specificity, failure to allege a crime, or expiration of the statute of limitations.

After the Indictment

After an indictment is filed, the case proceeds to an arraignment, where the charges are read to the defendant and the defendant enters a plea. If the defendant pleads not guilty, the case will be scheduled for trial. Many criminal cases are resolved through plea bargains, where the defendant agrees to plead guilty in exchange for the government dismissing some charges or recommending a more lenient sentence.If a case goes to trial and the defendant is convicted, a sentencing hearing is held where the judge determines the punishment. For the most serious federal crimes, sentencing guidelines prescribe a range of months or years in prison based on the facts of the case and the defendant’s criminal history.