How We Got All Federal Charges Dismissed Post-Indictment

How We Got All Federal Charges Dismissed Post-Indictment

Getting federal charges dismissed after an indictment is rare — but it can be done. As criminal defense attorneys who have achieved full dismissals for clients charged with serious federal felonies, we want to share how we’ve successfully gotten indictments thrown out even after charges were filed.

Federal indictments are no joke. Once that grand jury hands down an indictment, the battle is uphill. The government has already presented evidence to get charges approved; now they just need to prove it at trial.

That’s why the best chance at beating an indictment is before it’s issued. But for defendants who get indicted without knowing it, or who don’t lawyer up until after the charges are filed, all hope is not lost.

Let’s walk through real defense strategies and legal precedents we’ve used to get federal indictments dismissed after the fact — even for major felony charges.

Using Statute of Limitations to Nullify an Indictment

The statute of limitations is one of the top ways we look to overturn a federal indictment after the fact. Basically, this law sets a deadline for prosecutors to file charges for a given crime.

For most federal felonies, the statute is 5 years. So if 6 years passed since the alleged crime before charges were filed, the indictment can get tossed based on the time limit expiring.

The legal provision for this is 18 U.S. Code § 3288. It states that if an indictment charging a felony gets dismissed because it was filed too late under the statute of limitations, the government is prohibited from bringing new charges for the same offense.

So if we can successfully argue the indictment missed the filing deadline, not only does the current indictment get thrown out — but our client can’t get re-indicted either. It’s a full and permanent dismissal based on that technicality.

To make this argument, the defense needs to identify the actual dates the alleged crime happened. If there’s any ambiguity, we dig into cell phone records, financial statements, travel receipts, or anything else that can prove our client couldn’t have committed the crime within the 5 year statute.

It takes meticulous research, creative thinking, and dogged determination – but establishing the timeline to show charges were brought too late can entirely defeat the indictment.

Punching Holes in the Indictment Itself

Another avenue is attacking the indictment itself — basically poking holes in the case laid out by prosecutors.

This strategy focuses on technical and procedural deficiencies versus disputing the evidence outright. Some examples:

• Insufficient Wording: The indictment doesn’t include all elements needed to allege the specific charges. We’ve won dismissals because prosecutors failed to include critical details or legal standards in the indictment language.
• Incorrect Venue: The indictment was filed in the wrong jurisdiction under federal court rules. We’ve successfully argued that charges were brought in an improper federal venue based on where the alleged crimes occurred.
• Misapplied Law: The charges allege violations of laws that don’t actually apply to our client’s actions. We’ve gotten charges tossed because the indictment tried claiming offenses that were legally inapplicable once we examined the specifics.
• Faulty Process: We can allege procedural missteps in how the grand jury handled the indictment – like failing to follow process, focusing on improper factors, or indicting based on inadequate evidence. It’s rare, but we have seen process issues lead to dismissals.

The key is combing through the indictment with a fine-toothed comb looking for any technicality, loophole, or deviation from proper procedure that could justify tossing the charges. The bar is high, but we’ve used this strategy effectively when the indictment has clear flaws.

Exposing Government Overreach and Misconduct

In some cases, we can allege that misconduct or overreach by investigators led to the flawed indictment. This argument focuses less on the indictment itself and more on how unfairly or inappropriately it was obtained.

We’ve seen charges dismissed where government agents clearly crossed lines, like:

• Entrapment: Undercover operatives induced the target into committing crimes they wouldn’t normally do. This can invalidate the whole operation.
• Illegal Search: Evidence was obtained through unconstitutional search methods, tainting the entire case.
• Coercion: Informants or agents used harassment, threats, or excessive pressure to force confessions or testimony used to build the indictment.
• Bias: Decision-makers had clear conflicts of interest or preconceived agendas against the target, undermining the neutrality needed for due process.

While the bar is extremely high, we have succeeded in getting indictments dismissed by proving these types of overreach. The case has to show serious misconduct that directly impacted building the indictment. But when that’s demonstrable, the charges can’t stand.

Negotiating Dismissal Through Cooperation

In some cases, we’ve been able to negotiate dropping the indictment in exchange for cooperation. If our client has information prosecutors badly want, we can leverage that to get charges dismissed upfront.

This requires having a true “bargaining chip” – inside knowledge of criminal activity that prosecutors value highly. We have to convince them that our client has information worthy of letting them walk free from their own charges.

This path requires extensive back-and-forth, because prosecutors don’t easily give up an indictment they worked hard to obtain. But for clients with substantial firsthand knowledge related to other priority cases, cooperation can be the avenue to get federal charges dismissed even post-indictment.

Takeaways: Dismissing an Indictment is Possible But Very Challenging

Once federal charges are filed, beating them is an uphill battle. But through meticulous preparation, aggressive motions practice, and creative legal arguments – skilled defense lawyers can still get indictments dismissed post-facto.

It requires identifying potential technicalities and deficiencies, uncovering misconduct and bias in building the indictment, or negotiating cooperation in exchange for dropping charges. None of these options are easy or guaranteed – but we have succeeded through relentless effort and legal skill.

The bottom line is – don’t assume an indictment is unbeatable. Experienced attorneys know how to attack even strong-seeming federal cases by exploiting weaknesses. So if you’re facing a federal indictment, don’t lose hope. With the right legal defense, even a solid indictment can sometimes still be defeated.