Quick Answer: What Happens If You Are Indicted By A Grand Jury?

Does an indictment mean jail time?

Indictment does not mean automatic jail time.

If you bail him out the State can do superseding indictments where he will not be rearrested..

Can charges be dropped after an indictment?

A charge can be dropped before or after a charge has been filed. You may need a charge dropped by the prosecutor, or you may need a charge dismissed by the prosecutor, though a court also can dismiss a charge if the prosecutor has made a fundamental legal error in the case.

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.

What happens at indictment hearing?

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 grand jury may decide not to charge an individual based upon the evidence, no indictment would come from the grand jury.

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.

What does it mean when a case is dismissed due to grand jury indictment?

“Dismissed to the Grand Jury,” for example, doesn’t mean your case is dropped and you can go on your merry way. The phrase means the prosecution is presenting its case in secret to a grand jury, which will decide if enough evidence exists to charge you with a crime, instead of using the preliminary hearing procedure.

What happens after a federal indictment?

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

What percentage of grand juries indict?

The indictment rate is about 98–99%; the grand jury can broaden (about 1% of the time) or narrow (about 3% of the time) the counts in the indictment as well.

What happens when you get indicted by a grand jury?

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.

Does a grand jury indictment mean you are guilty?

Whether you’re facing indictment or have already been indicted, that doesn’t mean you’ve been found guilty of a crime. All an indictment means is there was probable cause to charge you with a crime.

What is the process of being indicted?

If charged with a serious crime a defendant can expect to face an indictment. The indictment process is typically a two-part system. While this occurs, a grand jury is meeting to listen to the evidence, concerning the charges, in order to decide if it should return the indictment “True Bill”. …

Do victims testify at grand jury?

Grand Jury Indictments Investigative grand juries are almost always used in federal human trafficking cases. Although victims may not be called to testify before a grand jury, the prosecutor typically will call any potential witness who is unpredictable or inclined to be untruthful to lock in testimony under oath.

Why do cases go to grand jury?

Instead, a prosecutor will work with a grand jury to decide whether to bring criminal charges or an indictment against a potential defendant — usually reserved for serious felonies. Grand jury members may be called for jury duty for months at a time, but need only appear in court for a few days out of every month.

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.

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…

What happens if you are not indicted?

If the grand jury decides not to indict, it returns a “no bill.” However, even if a grand jury doesn’t indict, the prosecutor can return to the same grand jury and present additional evidence, get a new grand jury, or even file criminal charges regardless.

What is a felony indictment?

A felony indictment is a statement regarding a felony crime that is usually read before a judge at a hearing, which is sometimes called a felony arraignment on the indictment. … The purpose of a felony indictment is to inform you of the charges so that your legal counsel can prepare a defense.

WHO issues an indictment?

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.