Being indicted by a federal grand jury is a serious matter that should never be ignored. If you or someone close to you has been indicted, the most important first step is to speak with an experienced criminal defence attorney. Every decision made from this point onwards can have a major impact on the outcome of the case.
This article is general information, not legal advice. Always consult a qualified lawyer about your specific situation.
What is a grand jury indictment?
To understand your options, it helps to know what is a grand jury indictment. In the US federal system, serious crimes (felonies) are usually charged through a grand jury. A federal grand jury is made up of 16 to 23 citizens who review evidence and hear testimony presented by prosecutors. The proceedings are held in private, and the defence does not usually present its side.
The grand jury does not decide guilt. Its role is to decide whether there is probable cause to believe a crime was committed and that the person under investigation committed it. If it agrees, it issues an indictment, a formal written accusation that starts the federal criminal case.
What kinds of cases are federal?
Federal prosecutors typically handle crimes that break federal law, cross state lines, involve the internet or interstate commerce, or target federal institutions such as federally insured banks. Agencies such as the FBI, DEA and Secret Service may investigate a case for months or even years before it is presented to a grand jury. You can see examples of the types of cases involved in announcements like this one about In federal institutions such as banks and other federal offences.
Choosing the right attorney
Although it is a stressful time, avoid hiring the first lawyer you speak to. Interview several attorneys and look for someone with a proven track record in federal criminal defence, ideally in cases similar to yours. Federal courts have their own rules and sentencing guidelines, so specific experience matters.
Once retained, your attorney will review the evidence, investigate the facts and advise you on the best strategy.
Your main options after an indictment
1. Motion to dismiss
Your attorney may ask the court to dismiss the indictment. This argues that the charges should not proceed, for example because of a legal defect in the indictment, a lack of jurisdiction, or a violation of your constitutional rights during the investigation.
2. Plea agreement
In some cases, after reviewing the evidence, your attorney may advise that negotiating a plea agreement is the best option. A plea can sometimes lead to reduced charges or a lighter sentence. However, a guilty plea has serious consequences, including a criminal record and, for licensed professionals such as doctors and accountants, possible loss of a professional licence. Never decide on a plea without thorough legal advice.
3. Going to trial
If you maintain your innocence or believe the government’s case is weak, you can take the case to trial before a jury. At trial, the prosecution must prove guilt beyond a reasonable doubt.
Conclusion
A federal indictment is the beginning of a complex legal process, not the end. An experienced federal criminal defence attorney can explain your rights, challenge the government’s evidence and guide you towards the best possible outcome. Research your lawyer carefully, ask about their experience with similar cases and make sure you feel confident in their ability to defend you.
