What happens after a grand jury indictment?

Following an indictment, the accused party is formally charged with the crime. If he has yet to be arrested, he may be arrested and then charged. In most jurisdictions, the accused party attends a pretrial hearing and has the opportunity to enter a plea.

After a grand jury indicts someone, it returns the indictment to the court and the criminal case begins. If the suspect (now-defendant) isn’t already in custody (jail), the defendant may be arrested or summoned to appear before the court for preliminary hearings.

The trial must start within 60 days of the arraignment on the Information. The defendant can “waive” (give up) the right to a speedy trial. This means he or she agrees to have the trial after the 60-day period (also known as “waiving time”).

When a person is indicted, they are given formal notice that it is believed that they committed a crime. … The grand jury listens to the prosecutor and witnesses, and then votes in secret on whether they believe that enough evidence exists to charge the person with a crime.

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.

Once you are indicted, there are three main options. First, your lawyer can petition the court to dismiss the indictment. Second, you can ––upon the advice of your attorney–– plead guilty. Third, you can contest the allegations and invoke your constitutional right to a jury trial.

Essentially, the difference between the two depends upon who has filed charges against you. If you have been charged, this means a state or federal prosecutor filed charges against you. If you have been indicted, this means a grand jury has filed charges against you.

“Indicted” is a scary word. Whenever anyone flips on the news and hears that someone has been indicted by a grand jury, it sounds like serious business. However, the term simply refers to a procedure in the legal process — a procedure that does not, in fact, indicate someone’s guilt or innocence.

Grand Jury Proceedings Are Secret The rule on secrecy is meant to provide several benefits. For the accused, it protects their reputation should no charges issue. For witnesses, it’s meant to allow them to testify more freely and truthfully. And for the prosecution, it provides control of information.

Complaint and Arrest Warrant — Law enforcement obtains a Warrant for Arrest of the alleged offender. The warrant is based on an Indictment (see below) or a Complaint filed with the U.S. District Court. An Affidavit, signed by a law enforcement officer, usually accompanies the Complaint.

Unless a prosecuting attorney decides to file charges, you or a loved one are only being held in jail because the police officer and judge found probable cause to arrest you. In order to hold you for longer than 72 hours (not including weekends or holidays), the prosecuting attorney’s office must file criminal charges.

The most important factor in deciding whether to prosecute is: if there is sufficient evidence for conviction.

When a grand jury returns an indictment, it is an official charge that the defendant committed the crime alleged. The indictment also serves as a notice to a defendant of the charges against him or her.

A grand jury is set up by a prosecutor to determine whether there is enough evidence to pursue a prosecution. In legal terms, it determines whether probable cause exists to believe a crime has been committed.

The Fifth Amendment to the U.S. Constitution requires that, in the federal system, a felony prosecution begin with an indictment. To obtain an indictment, a prosecutor must present proposed charges to a grand jury – a body of jurors that investigates crimes and decides whether charges should be filed.

The word indict is spelled I-N-D-I-C-T, but why is the C silent? … It comes from the Latin word that means to proclaim. We pronounce it indict because its original spelling in English was E-N-D-I-T-E, a spelling that was used for 300 years before scholars decided to make it look more like its Latin root word, indictare.

Based on the influence of the prosecutor, who (other than the court reporter) is the only non-juror present and who selects the evidence to present, various studies have suggested that the rate of indictment by a grand jury ranges from approximately 95% to approximately 99%.

If you ask most defense attorneys how often they have gotten federal criminal cases dismissed, you would be surprised to learn that it is an incredibly rare occurrence.

Federal Probation A federal court can often sentence a defendant to probation—but not always. The judge typically can’t opt for probation where: the offense is one of the most serious felonies (class A or B) … the judge sentences the defendant to prison for any charged offense.

Even if the grand jury chooses not to indict, the prosecutor can return (within a certain amount of time) to the same grand jury to present additional evidence. Or the prosecutor can call a new grand jury. If the case is a felony and the prosecutor bypasses a grand jury, then a preliminary hearing is held.

A plea bargain is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or “no contest” (nolo contendere) in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence …

What’s the main difference? A grand jury is involved early in a case. It is up to them to determine whether or not charges should be brought against a suspect. A trial jury, on the other hand, is involved at the end of a case, when it goes to trial.

SELECTION OF GRAND JURORS Federal law requires that a grand jury be selected at random from a fair cross section of the community in the district or division in which the federal grand jury convenes. Thus, all citizens have an equal opportunity and obligation to serve.

Traditionally, the grand jury has conducted its work in secret. Secrecy prevents those under scrutiny from fleeing or importuning the grand jurors, encourages full disclosure by witnesses, and protects the innocent from unwarranted prosecution, among other things.

At a preliminary hearing, a judge hears the state’s evidence and decides whether there is sufficient evidence to require the defendant to stand trial. … If the grand jury finds probable cause, the state issues an indictment against the defendant and he must stand trial for the charges.

Failure to appear for a misdemeanor charge can carry a potential jail sentence of up to 6 months.

Check Federal Court Records Check the nearest federal courthouse. The clerk’s office there should maintain all indictment records. There should be a terminal in the office where your attorney can search by suspect or party name.

You may be charged but the charges may later be dropped or dismissed. Finally, you may be charged, go to trial and be acquitted (found “not guilty”). In all of these situations, you have been arrested but not convicted. … You may have been convicted of a crime even if you did not spend any time in jail.

If you are released on bail or ‘under investigation’ it means that the police are not yet ready to make a charging decision on your case, but that the police investigation remains active and you are still a suspect. Pre-charge bail can occur for a variety of reasons.

How long can police bail last? Under the Policing and Crime Act 2017, police bail can last a maximum of 28 days, during which the police and carry out their enquiries. This means that if you are released on police bail, it should take no longer than a month for a decision to be made.

This is commonly referred to as “overdetention”. The principal remedy for over-detention is a civil lawsuit for monetary damages. If the person is still in jail, a judge can also order the jail or prison to release the individual.

• The sufficiency of the evidence linking the suspect to the offense.
• The seriousness of the offense.
• The size of the court’s caseload.
• The need to conserve prosecutorial resources for more serious cases.
• The availability of alternatives to formal prosecution.

Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports). The police complete an arrest report soon after they make an arrest and then quickly forward the report to a prosecutor assigned to do case intake.

Other common mitigating circumstances include: The defendant having no prior or significant criminal record. The defendant playing a minor role in the crime. The defendant recognizing the error of their ways. The defendant making restitution to the victim of their crime.

The court must issue a warrant—or at the government’s request, a summons—for each defendant named in an indictment or named in an information if one or more affidavits accompanying the information establish probable cause to believe that an offense has been committed and that the defendant committed it. … (1) Warrant.

diminished responsibility, legal doctrine that absolves an accused person of part of the liability for his criminal act if he suffers from such abnormality of mind as to substantially impair his responsibility in committing or being a party to an alleged violation.

For example, in criminal cases, the burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.