How Do Federal Indictments Work?
If you or a family member faces or anticipates a federal indictment, remember that you are not alone. Seeking the counsel of an experienced criminal defense lawyer is not just a step, but a crucial support system that can significantly improve the likelihood of a favorable result.
In federal criminal procedures, the indictment is one of the most commonly used charging documents. It is an official document that formally details the charges against an individual for a crime.
A case was presented to a federal grand jury, a group of 16 to 23 community members, which determined that a trial should proceed.
This is the usual way a federal prosecutor initiates proceedings, although occasionally a federal case begins with a "criminal complaint" or "criminal information."
Understanding this process can empower you with the knowledge you need to make informed decisions.
The exact format of the document may differ by jurisdiction, but all federal indictments typically share certain structural and content elements. Usually, at the top, you'll find the district court's name, the case number, the case caption indicating the involved parties, and a list of the charges or "counts" against the defendant.
Federal Grand Jury
Federal prosecutors secure indictments through a grand jury, which is composed of 16 to 23 community members. These citizens review evidence and hear testimony from witnesses presented by the prosecutor.
They can ask questions and subpoena witnesses or documents independently. After reviewing all the evidence, they will vote on whether to indict and if there is enough probable cause to believe the defendant is guilty. An indictment requires at least 12 votes in favor for a "true bill" to be issued.
Federal grand juries have been subject to some controversy. Critics, including criminal defense lawyers, oppose the current system because it requires a very low standard of probable cause. Moreover, the hearings are held in secret, making it easier for prosecutors to secure an indictment.
What Does a Federal Indictment Mean?
When a defendant faces indictment in federal court, it means the federal government has officially charged them with one or more violations of U.S. laws and has committed to prosecuting the case.
Since the indictment details the specific legal violations, or counts, brought against the defendant—against which they must defend—the indictment is one of the most important documents in a federal criminal case.
The primary purpose of the indictment is to ensure the defendant receives proper notice of the charges filed by the government. Understanding your rights is crucial.
The defense lawyer can also present evidence and cross-examine witnesses, which can influence the grand jury's decision. To secure a conviction, the government must demonstrate that each element of the alleged crimes is proven beyond a reasonable doubt.
Therefore, building a defense must start with understanding the specific crimes charged and their individual components.
Without this understanding, the defendant cannot reasonably assess the strength of the government's evidence or the advantages of negotiating a plea deal versus preparing for a jury trial in federal court.
The indictment offers sufficient specificity, though not all discovery details, to inform the defendant of what they are facing.
Evidence Provided to the Grand Jury
As mentioned earlier, an indictment must be initiated by a grand jury, which consists of approximately 16 to 23 community members with no ties to the defendant or the government lawyers pursuing the indictment.
This panel of neutral citizens will hear the government's evidence against the defendant and the charges that federal prosecutors believe are supported by that evidence.
Ultimately, a grand jury has the power to approve or reject the recommendations made by government attorneys. Under the United States Constitution, all federal felony crimes must be charged through an indictment issued by a grand jury.
Federal misdemeanor crimes are typically minor offenses that occur in exclusively federal jurisdictions, like military bases or national parks, and can be directly charged by a federal prosecutor.
However, for most serious federal crimes classified as felonies, a grand jury must be involved for the case to move forward.
Conspiracy and RICO Cases
In conspiracy or RICO cases, the indictment often includes numerous overt acts that the defendants and unindicted co-conspirators are accused of committing to advance the conspiracy or criminal enterprise.
These acts also serve as a roadmap, helping the defendant grasp the scope and specifics of the criminal allegations against them and any co-defendants.
These overt acts will help defense counsel understand key discovery likely held by the government, aiding in trial preparation.
Establishing Probable Cause
A key aspect that sets an indictment apart from some state court charging documents—often filed directly by prosecutors against felony defendants—is the absence of a probable cause hearing.
In a grand jury scenario, an independent review assesses whether the prosecutor has enough evidence to charge a defendant with a felony, which can lead to their arrest. The grand jury's role is to evaluate probable cause.
Thus, when the grand jury issues an indictment, the question of probable cause has typically already been resolved.
In a federal case charged by indictment, a preliminary hearing or any similar probable cause hearing is not required.
This reduces the defendant's chances of cross-examining the government's case before choosing to settle via a plea agreement or proceeding to a federal jury trial.
Get in Touch with our Federal Criminal Attorneys
Receiving a federal indictment indicates that a prosecutor believes there is enough evidence to convict you, possibly. While an indictment is merely an allegation, it can lead to serious repercussions.
A skilled federal criminal defense lawyer will work vigorously from the start to prevent an indictment. However, prosecutors only need to show probable cause to secure one.
Therefore, it is often challenging for a defense lawyer to succeed at this stage, and the emphasis should be on developing an effective strategy to contest the charges.
If you or someone you know is federally charged by indictment with a felony violation of U.S. laws, contact our skilled federal criminal defense team for an initial consultation. We will use our experience in federal courts to help you secure the best possible result in your case.
Cron, Israels & Stark is a highly-rated criminal defense law firm that serves clients across the United States in federal crime cases. Our headquarters are in Los Angeles County.