Is indictment good or bad?

Can charges be dropped after indictment?

Yes, criminal charges can be dropped after an indictment, though it's less common and often requires significant legal action or a change in the prosecution's assessment, usually through prosecutorial discretion or a defense lawyer's motion to dismiss. Reasons include insufficient evidence, constitutional violations, new exculpatory evidence, witness issues, or successful defense arguments that make a conviction unlikely, leading prosecutors to drop charges for justice or efficiency. 

What's after being indicted?

Once indicted, you will face an arraignment in federal court where charges are read, and you enter a plea. From there, the case moves into discovery, pretrial motions, potential plea negotiations, and possibly trial.

How long does an indictment last?

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 does it mean if I'm being indicted?

To be indicted means to be formally accused of a serious crime by a grand jury, which has reviewed evidence presented by a prosecutor and determined there's enough probable cause to proceed to a criminal trial. It's a formal charge that allows a prosecution to begin, essentially saying, "There's enough evidence to go to trial," but not that the person is guilty. 

Can a judge overrule a grand jury indictment?

Yes, but it's very rare and only for specific, serious reasons like prosecutorial misconduct or constitutional violations, not simply disagreeing with the grand jury's finding of probable cause; a judge can't overrule an indictment based on the sufficiency of the evidence, as that's the grand jury's role, but might dismiss it if the process itself was fundamentally flawed.
 

What happens if I'm indicted?

It is merely an accusation. The legal process involves many stages before potential imprisonment. Once indicted, the accused will face a trial. At this stage, guilt or innocence is determined.

Is an indictment proof of guilt?

Being indicted does not make you guilty; rather, it means it is time to build a defense plan. Contact The Law Offices of Kerry L. Armstrong, APLC, today to schedule a confidential consultation and start protecting your rights.

What crimes require a grand jury?

Cases involving serious federal felonies (punishable by over a year in prison) and many state felonies go to a grand jury, which decides if there's enough evidence (probable cause) for the government to formally charge someone with a crime, acting as a shield against unwarranted prosecution by reviewing the prosecutor's evidence in private sessions. State grand juries can also investigate non-criminal matters like public official misconduct.
 

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
 

Can you be indicted without knowing?

Even after a grand jury returns an indictment, you might not know about it. Federal courts can seal indictments under Rule 6 of the Federal Rules of Criminal Procedure. A sealed indictment remains confidential untill law enforcement makes an arrest or the court decides to unseal it.

What are the different types of indictment?

In the United States legal system, there are primarily two types of indictments: direct and sealed. Each plays a distinct role. A direct indictment is presented openly in court and typically follows a thorough investigation, involving a grand jury's deliberation.

Can a case be dropped after indictment?

Yes, criminal charges can be dropped after an indictment, though it's less common and often requires significant legal action or a change in the prosecution's assessment, usually through prosecutorial discretion or a defense lawyer's motion to dismiss. Reasons include insufficient evidence, constitutional violations, new exculpatory evidence, witness issues, or successful defense arguments that make a conviction unlikely, leading prosecutors to drop charges for justice or efficiency. 

Are indictments serious?

An indictment is very serious; it's a formal accusation by a grand jury that there's enough evidence (probable cause) to proceed with felony charges, shifting a case from investigation to formal prosecution, leading to arrest/appearance, arraignment, and trial, carrying significant personal, professional, and legal consequences. It doesn't mean guilt but signals a credible basis for a criminal trial in the justice system. 

What rights does someone have after indictment?

Typically in cases of a federal grand jury indictment, you have three options:

• Petition the court to dismiss the indictment.
• Plead guilty.
• Proceed to a jury trial.

Why do indictments take so long?

At the district attorney's office, a meticulous review of the police report or investigation takes place. This evaluation aims to determine whether there is sufficient evidence to proceed with charging. The decision to charge or not charge the matter rests on this evaluation.

Can you be indicted more than once?

In California law, this safeguard is formalized in Penal Code 687 PC, which states: "No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted."

Does an indictment mean you go to jail?

Just because you're being indicted or have already been indicted, doesn't mean that you've been found guilty. An indictment means that there is probable cause to charge you with a crime. There's no set rule that states whether or not someone must remain in jail after being indicted.

Is an indictment final?

In many ways, a federal criminal indictment represents the end of one process and the start of another. The government's investigation is over, and now the focus shifts to preparing for—and winning—in court. But, even after an indictment, it is still possible to favorably resolve the defendant's case prior to verdict.

How long does it take to go to triaL after an indictment?

These laws differ in many respects, such as what kinds of events count as excludable time, and they vary widely in the amount of time they allow for bringing a case to triaL Among the most restrictive States is California, which specifies 15 days in felony cases from arrest to indictment and 60 days from indictment to ...