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.

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