The Federal Indictment Process Explained

The Federal Indictment Process Explained

What is a Federal Grand Jury?

A federal grand jury is a group of 16-23 random citizens who hear evidence from the prosecution and decide whether charges should be filed.

Grand jury proceedings are totally secret – only the prosecutor, witnesses, court reporter and grand jurors are allowed in the room. Even the defense lawyers can’t be there.

The grand jurors hear testimony from witnesses and review documents and other evidence presented by the prosecutor. Then they vote on whether there’s “probable cause” to charge the suspect with a specific crime.

“Probable cause” basically means there’s enough evidence that the suspect likely committed the crime. It’s a pretty low standard of proof, much lower than the “beyond a reasonable doubt” standard used at trial.

If at least 12 of the 23 grand jurors vote that there’s probable cause, they return an indictment charging the suspect. Then the case moves forward to trial.

If less than 12 jurors vote for indictment, no charges are filed. With no indictment, there’s no case.

What’s in a Federal Indictment?

An indictment is just a written statement accusing the defendant of specific crimes. It looks like a legal document with a caption at the top listing the defendant’s name, the charges, and the case number.

The body of the indictment describes the alleged criminal conduct. It’s usually pretty bare bones – just enough facts to show the defendant committed each element of the charged offenses.

The indictment also lists the exact statutes the defendant allegedly violated. For example, “John Doe is charged with bank fraud in violation of Title 18 United States Code, Section 1344.”

Sometimes an indictment has multiple counts charging the defendant with several crimes. Each count will lay out the facts for one alleged criminal act.

At the end, the grand jurors all sign the indictment to confirm they voted for the charges. Then the indictment gets filed with the court and the defendant is arrested.

What Happens After Indictment? Arraignment and Initial Steps

Once indicted, the defendant is arrested and brought before a judge for an initial appearance and arraignment. This usually happens within a day or two after arrest.

At the initial appearance, the judge informs the defendant of the charges against them and their constitutional rights. The defendant is usually appointed a lawyer if they can’t afford one. Bail conditions are often set at this hearing.

Then comes the arraignment, where the defendant is formally charged. They enter a plea – usually not guilty at this early stage. And a trial schedule is discussed.

After arraignment, the prosecution has to turn over all the evidence to the defense attorney. This is called discovery. The defense reviews the evidence to start preparing for trial.

There may also be pretrial motions filed by either side. For example, the defense might file a motion to dismiss the indictment or suppress certain evidence. If granted, these motions could get charges dropped before trial.

Plea Bargaining – Most Cases Don’t Go to Trial

Once the indictment comes down, over 90% of federal cases end in a plea bargain rather than trial. The defendant pleads guilty, usually to lesser charges, in exchange for a lighter sentence.

Plea deals avoid the time and expense of a trial. They also give the defendant certainty as to their punishment, rather than risking the much harsher sentences after trial.

But sometimes the defense believes the defendant is innocent or the government’s case is weak. Then they will push for trial.

Heading to Trial on Federal Charges

If no plea deal is reached, the case proceeds to a federal jury trial.

Before trial, the judge may hold evidentiary hearings on any pending defense motions, like motions to suppress evidence. The judge rules on what evidence will be allowed at trial.

Jury selection is next. The lawyers question potential jurors to weed out any biases. Once the jury is picked, opening statements lay out each side’s view of the case.

The government presents their witnesses and evidence first. The defense then calls witnesses to rebut the charges. Closing arguments summarize the important points for the jury.

The jury deliberates and must reach a unanimous verdict. If they find the defendant guilty, the judge sets a sentencing date. Additional hearings are held to determine the final sentence.

How Long Does the Federal Indictment Process Take?

The time from indictment to trial depends on the complexity of the case. Simple cases with no pretrial motions can go to trial within a few months.

But federal cases often take a year or more to reach trial. Complex white collar fraud cases with tons of documents can even take several years.

If plea negotiations drag on before reaching a deal, that also delays the schedule. The whole process is not quick by any means.

Finding the Right Federal Criminal Defense Lawyer

Facing federal indictment is scary. But having an experienced federal criminal defense attorney by your side makes a huge difference.

A knowledgeable lawyer understands how to analyze the charges and evidence, negotiate with the prosecution, and defend your rights every step of the way. Don’t go it alone.

The stakes are high in a federal case. The charges, potential prison time, and consequences for your career and family are massive.

With so much on the line, be sure to find the best defense lawyer you can. Interview several attorneys and ask lots of questions to understand their experience with federal cases like yours.

The indictment kicks off the legal process, but the case is far from over. There are many strategic decisions and options still ahead. A top federal criminal defense lawyer can guide you through it and give you the strongest defense possible against the government’s charges.