Facing a federal indictment in New York can be an overwhelming and life-altering experience, especially given the severe consequences of a conviction. When you receive an indictment, it means that the prosecution has successfully convinced a grand jury that there is sufficient evidence to proceed with a criminal case against you. However, being indicted does not automatically lead to a prison sentence. You have the right to plead “not guilty” and challenge the charges in a criminal trial.
In some cases, the grand jury may also set a bond along with the indictment, potentially leading to an arrest order. If this occurs, you have the option to post bail, allowing you to remain free while your case is being resolved. It is essential to take immediate action to build a robust defense and protect your rights, as federal charges may be dropped after an indictment.
For anyone facing the challenges of an indictment, consulting with an experienced federal criminal defense lawyer can make a significant difference in navigating the criminal justice system and working towards the best possible outcome. At Lebedin Kofman LLP, our Nassau County federal criminal defense attorneys are committed to defending our clients’ rights and ensuring that every legal avenue is explored. We understand the nuances of federal and state laws in New York and can assist you at every step of the process. Contact us today at (516) 212-4209 to schedule a consultation.
Definition of Indictment
An indictment is a formal accusation made against an individual charged with a federal crime. Federal prosecutors present evidence and witness testimonies to a grand jury, which then decides if there is enough evidence for the case to proceed to trial.
The grand jury doesn’t determine the individual’s guilt or innocence— that is the responsibility of the trial jury during the actual trial. Instead, the grand jury’s task is to evaluate the evidence and determine if there’s sufficient cause to commence legal proceedings.
If the grand jury decides that there’s enough evidence to warrant a trial, they issue an indictment, which is a written statement that outlines the criminal charges against the defendant. This statement serves as the basis for the criminal case that will be presented in court during the trial.
What Does Indicted Mean?
Being indicted means that the grand jury has reviewed the evidence presented by the federal prosecutor and found probable cause to believe that the individual has committed a federal crime. The term “probable cause” refers to reasonable grounds based on the evidence provided. It is important to note that being indicted does not imply guilt but moves the legal process into the trial phase, where both the defense and prosecution will present more detailed arguments and evidence.
The outcome of the indictment is thus a critical step in the justice system, ensuring that only those cases with a sound basis of evidence are moved forward to trial. This protects individuals from facing unfounded criminal trials while also upholding the community’s interest in prosecuting alleged federal crimes effectively.
For those involved in such a scenario, especially in New York, where legal procedures can be quite stringent, understanding the indictment process is vital, as it underscores the shift from accusation to a formal trial setting. It can also clarify many aspects of how criminal charges are pursued and the early stages of legal proceedings in criminal cases. This process highlights the importance of having knowledgeable legal representation to defend against the charges and to advocate for the rights of the accused throughout the trial process.
Federal Indictments
In the state of New York, if someone is facing a felony charge, they cannot go to trial until they have been indicted. Although some states do not mandate an indictment before prosecuting a person for a crime, the process may vary for federal crimes. In federal crimes cases, an Assistant United States Attorney (AUSA) evaluates the strength of the evidence and interviews federal investigators to decide whether to press charges.
If the evidence is insufficient and further investigation is unavailing, a grand jury may be called upon. It is important to note that federal indictments apply only to felony offenses, and indictment is not required for federal misdemeanors before charges can be brought.
Having a skilled federal crimes attorney can help you understand what other options you may have when you are facing charges for federal crimes. Our top-rated defense attorneys at Lebedin Kofman LLP have years of experience helping clients protect their rights and their freedom in a federal case. Contact us today to schedule a free consultation.
Role of a Grand Jury in Indictments
A grand jury plays a vital role in the federal indictment process. Composed of 16 to 23 members, the grand jury reviews the evidence and hears witness testimonies presented by federal prosecutors. They may ask questions and request additional evidence.
The grand jury proceedings are held in secret to protect the witnesses and maintain the integrity of the process. The defendant and their attorney are generally not present during these proceedings, except when the defendant elects to testify.
After evaluating all the evidence and testimonies, the grand jury votes on whether the case merits an indictment, known as a “true bill.” If the majority of the jury members agree on the indictment, they issue a formal written accusation, and the criminal case proceeds to the trial stage.
Standard of Proof for Federal Indictments
The standard of proof for federal indictments is “probable cause.” This means that the grand jury must determine that there’s sufficient evidence and reason to believe the defendant committed the alleged crime. Probable cause doesn’t require absolute certainty, but rather a reasonable belief based on the available evidence.
This standard of proof is considerably lower than the “beyond a reasonable doubt” threshold required to convict a defendant in a criminal trial. It’s essential to understand that an indictment doesn’t guarantee a conviction, as the trial jury, during the actual trial, will assess the defendant’s guilt or innocence based on a higher standard of proof.
The length of jail time an individual faces after an indictment largely depends on a range of factors that influence the decision-making process.
Indictments Consolidation
Defendants can be charged together in one indictment if they are charged with every offense alleged, have a common scheme or plan, or if the crimes charged are based on the same criminal transaction. If the indictment includes a count charging enterprise corruption, all defendants must be charged with every count alleged.
If a specific criminal activity is needed for a joinder but is not currently prosecutable alone, the court may still order a joint trial unless a defendant shows good cause for a separate trial due to undue prejudice. If multiple defendants are charged separately but could have been charged together, the court may consolidate the indictments for a single trial. Any unrelated crimes charged in the separate indictments will remain separate.
Importance of Hiring an Experienced Criminal Defense Attorney
When facing a federal indictment in New York, one of the most critical decisions you can make is to hire a skilled and experienced criminal defense attorney. This is crucial because federal cases differ significantly from state cases in terms of investigation, prosecution, and punishment.
Moreover, federal prosecutors are usually more experienced and relentless, with vast resources at their disposal. It is vital to have a knowledgeable and aggressive attorney who is well-versed in handling federal cases to counter their tactics. An experienced criminal defense attorney will thoroughly review your case, analyze the evidence, and determine the best approach to fight the charges. The right attorney can make all the difference between a favorable outcome and a conviction that carries heavy penalties, including lengthy prison terms and significant fines.
At Lebedin Kofman LLP, our team of top-rated Nassau County criminal defense attorneys may be able to help ensure that your constitutional rights are protected. We may also be able to guide and counsel you through the criminal process and negotiate plea agreements that are in your best interests. Contact us today to schedule a free consultation.
| Topics | Description |
|---|---|
| Initial Investigation | Federal investigators gather evidence and build a case to determine whether charges should be filed against the defendant. This stage involves interviewing witnesses, reviewing documents, and collecting relevant information. The Assistant United States Attorney (AUSA) evaluates the strength of the evidence before bringing it to a grand jury. |
| Grand Jury Proceedings | A grand jury, consisting of 16 to 23 members, reviews the evidence and hears witness testimonies presented by federal prosecutors. They evaluate whether there is probable cause to believe the defendant committed the crime. These proceedings are held in secret, and the defendant is generally not present unless they elect to testify. |
| Issuance of Indictment | If the grand jury finds sufficient probable cause, they issue a “true bill,” meaning a formal written accusation (indictment) is made. This document outlines the charges against the defendant and moves the case forward to the trial stage. If the grand jury does not find sufficient evidence, they return a “no bill,” and the case does not proceed. |
| Trial and Sentencing | After the indictment, the case moves to trial where a jury assesses the defendant’s guilt based on a higher standard of proof—beyond a reasonable doubt. If found guilty, the defendant may face penalties such as imprisonment, fines, and other legal consequences based on the severity of the charges. |
