Question: What Happens When You Get Indicted?

Can you be indicted without knowing?

Finally, and unfortunately, you may have already been charged with a crime and not know it.

Federal prosecutors can ask a grand jury to indict you, and then ask a court to seal that indictment.

If that happens, you could walk around for days or weeks or months having been charged and not even know it..

Does indictment mean jail time?

Indicted means that formal charges have been filed and the court process will begin. On such a serious charge (minimum 10 years in prison if convicted) I would assume you already have a lawyer.

Can charges be dropped after indictment?

Besides being responsible for deciding whether or not to press charges against a suspect, the prosecution can decide to drop charges any time after criminal proceedings have commenced.

How much evidence is needed for an indictment?

In order to be convicted of a crime, the state must convince a jury beyond a reasonable doubt that you committed a crime; essentially a greater than 99% chance you committed the crime. Probable cause falls below the preponderance of the evidence standard, which is a greater than 50% chance that someone did something.

What is the difference between being charged and being indicted?

The difference between being indicted and charged relies on who files the charges. “Being charged” with a crime means the prosecutor filed charges. An indictment means the grand jury filed charges against the defendant.

What comes after an indictment?

After a grand jury indictment, a defendant has the opportunity to enter a plea. A guilty plea could lead to a quick sentencing hearing or the imposition of a pre-arranged plea bargain with prosecutors. If a defendant pleads not guilty, the case will move forward to trial.

What happens if you are not indicted in 180 days?

At that point, if the defendant is out on bond, the State has 180 days to secure an indictment from a grand jury against the defendant, and if they don’t, they have to dismiss the case.

Are indictments public?

None of the grand jury proceedings are public. On rare occasions a federal criminal complaint can be filed directly by a U.S. Attorney, usually when the person being charged waives their right to have the case handled by a grand jury. A complaint like this filed directly by a U.S. Attorney is called an “information.”

How serious is an indictment?

A federal criminal indictment is a serious matter, because it means that the criminal investigation has progressed to a point where the prosecutor now believes that he or she has enough evidence to convict.

How long does an indictment take?

There is no set time by when an indictment usually occurs – as the others have told you. The prosecution has 180 days within which to seek an indictment. Much depends upon the evaluation of the case by the DA’s office, the availability of…

How long does it take to go to trial after an indictment?

By Federal law, once an indictment is filed and the defendant is aware of it, the case must proceed to trial within 70 days.

Can you beat an indictment?

That means that a judge cannot simply overturn the decision of the grand jurors who authorized the indictment. It is the constitutional task of the grand jurors to deliberate and decide on whom to charge.