Sealed Indictments: Charged Without Knowing It.

Yes, it is very possible. In fact, it is not uncommon for federal authorities to pursue a sealed indictment for several different reasons. the government does not need to prove to the judge that it is in the best interest of the case to keep the indictment under seal. That being said, regardless of why the indictment is sealed, it is still a formal accusation and this means that you must take it very seriously. If you are concerned that you may have a sealed indictment, you should contact us immediately to help mitigate the risks and to protect your rights in this situation.

If you learn that you have a sealed indictment, then you will need to be prepared for the next steps in your case. While this is a serious matter, it is not a finding of guilt. Even when the indictment is sealed, it is a very serious accusation and it requires your immediate attention.

Does an indictment mean that you are guilty of the crime charged? No. Once an indictment is returned, it still does not establish the guilt of the target in the criminal trial and it does not establish any criminal liability for the target. While this means your chances of going to jail are much greater, your guilt is still a question that needs to be decided by the jury at trial.

A federal grand jury reviews allegations, makes decisions based on the evidence presented, and determines whether probable cause exists to bring the target to trial. This standard of probable cause is very different from the standard of ultimate guilt. To establish probable cause requires substantially less proof than that required for a jury to find a defendant guilty at a criminal trial, where guilt must be established beyond a reasonable doubt. If you or a loved one has an indictment, you want to reach out to us immediately, so our attorneys can work on a good defense strategy to reduce the likelihood that you or your loved one will face criminal liability.

When facing federal charges, there are several mistakes people make. One mistake people make is think that they don’t have any time to respond to federal charges. You want to contact us immediately to protect your rights in your case.

How can a sealed indictment lead to arrest, surrender, or summons?

A sealed indictment can be the basis for an arrest or a surrender, but it is not the same thing as an arrest warrant. A sealed indictment is a court document and a sealed arrest warrant is also a court document. In many cases, the two documents are both sealed and go hand in hand. If a defendant has been indicted, a federal grand jury has determined that the prosecutor has presented enough evidence that there is probable cause that the individual has committed the offense in question. The probable cause finding of the federal grand jury then serves as the basis for obtaining a sealed arrest warrant. Even though an arrest warrant requires probable cause, it is not the same thing as a sealed indictment. When an indictment is returned by a federal grand jury, it is not unusual that it is returned sealed. Again, it is a possibility that an arrest warrant will then be sought by the government, and it is also likely to be sealed. However, a sealed indictment does not automatically lead to the issuance of an arrest warrant. A prosecutor may seek a sealed indictment and have it returned, but then wait a certain amount of time before seeking an arrest warrant. A sealed indictment could be followed by a summons instead of an arrest warrant. While an arrest warrant is an order to have you immediately apprehended, a summons is a court order to appear in court at a specific date and time. Usually, if you receive a summons after a sealed indictment, it means that you are expected to appear in federal court, but it does not mean that you will be immediately taken into custody. Once an arrest warrant is executed or you have surrendered to federal authorities, this is when you will receive notice of the offense or offenses that you are charged with. You will have the opportunity to enter a plea of not guilty, and you will go to your initial appearance. At your initial appearance, the charges against you will be read in court. Additionally, this appearance will address your status and whether you should be released pretrial.

Why would a court keep an indictment sealed beyond an arrest?

The federal criminal process is very similar to the criminal process at the state level, although it is not exactly the same. With that said, many aspects of the state criminal process are the same as the federal process, and even if the federal and state processes have some differences, much of the general process remains the same. For example, Federal Rule of Criminal Procedure 6(e)(4) authorizes the court to keep an indictment under seal until the defendant is taken into custody or is released pending trial. The rule states, “The magistrate judge to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial. The clerk must then seal the indictment.” Under this rule, if the magistrate judge has a reason to want the indictment sealed, and if he directs the clerk that the indictment needs to stay secret, then the clerk must seal the indictment. Federal Rule of Criminal Procedure 6(e)(4) also contains a provision regarding disclosure. The rule states, “No person may disclose the indictment’s existence except as necessary to issue or execute a warrant or summons.” While the federal criminal process often allows for the unsealing of an indictment upon the defendant’s arrest or surrender to federal authorities, that is not the only possibility. A court order can keep an indictment sealed even after the arrest or surrender of the defendant. If the government has good reason to keep an indictment sealed beyond an arrest, and a judge grants the government’s request to keep the indictment sealed, then the indictment will remain under seal.

What can public records confirm about a rumored federal charge?

If you have received a rumor or a notification that you are facing charges in federal court, you may have heard of PACER. PACER is a website that allows individuals and lawyers to search for court records online. If an indictment is not sealed, it should be on PACER. If an indictment was sealed, the docket is typically either blank or inaccessible. As a result, a public record search can never truly determine if an individual is facing charges in federal court. While if you find an indictment on PACER, you know that a federal grand jury has indicted you and is seeking your guilt, if a search shows no evidence of a case against you, this is a positive indicator, but it is not proof that a sealed indictment is not out there. Similarly, a perceived warning sign of a federal criminal investigation is not proof that an indictment already exists. While you may not be indicted yet, these circumstances are still serious and require taking appropriate steps in order to prepare for the next steps in the federal criminal process.

Common warning signs of a federal criminal investigation include: - Receiving a grand jury subpoena

• Receiving a target letter
• Learning of a federal investigation at your home or place of employment
• Being interviewed or questioned by federal agents
• Learning of an investigation by a friend or family member A target letter is one of the most serious of these warning signs. In a target letter, the prosecutors will state in no uncertain terms that you are a target for investigation by a federal grand jury. When you get a target letter, that doesn’t necessarily mean that the federal grand jury is already in possession of an indictment, but it does mean that a grand jury investigation is in place and you could potentially be indicted soon.

As stated before, Federal Rule of Criminal Procedure 7 says that a defendant charged with a felony must be prosecuted by an indictment unless the defendant waives indictment. Therefore, if you are facing a felony charge in federal court, the evidence suggests you may have a sealed indictment waiting in the court system.

If You Want Someone to Look at Your Case

Reading about a charge is not the same as having someone read your file. Spodek Law Group keeps an attorney on call around the clock, and the first consultation costs nothing and runs as long as your questions do. The number is 888 348 8028.