What's after being indicted?

Asked by: Archibald Hintz | Last update: March 17, 2026

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After an indictment, the accused is typically arrested or surrenders, followed by an arraignment where they enter a plea (guilty, not guilty, or no contest), then proceed to discovery, pre-trial motions, and either a plea bargain or a trial, leading to potential sentencing or acquittal.

What is the next step of indictment?

Deliberation: After reviewing the evidence, the grand jury deliberates to decide whether there is probable cause to believe that a crime has been committed and that the suspect committed it.

What happens to a person who is indicted?

The first step after an indictment is the arraignment, where the federal criminal defendants will appear in court. The charges are formally read, and the defendant is asked to enter a plea. Here, the defendant can enter a not guilty plea, plead guilty or no contest.

Can charges be dropped after indictment?

Yes, charges can absolutely be dropped after an indictment. This can happen if your attorney uncovers evidence that undermines the prosecution's case, if key witnesses become unavailable or change their stories, or if constitutional violations occurred during the investigation.

How long after indictment is trial?

18 U.S.C. § 3161(b). Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later.

What is an indictment?

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How serious is being indicted?

An indictment means that someone is formally accusing you of committing a serious crime, filed after the conclusion of a grand jury investigation. A grand jury indictment happens after a sworn witness has given testimony or physical evidence, then analyzed by local citizens who make up the grand jury.

What is the hardest criminal case to beat?

First-Degree Murder Defense Challenges

First-degree murder means killing someone on purpose and with planning. Prosecutors must prove the defendant planned to kill. This makes it hard to defend. The punishment for first-degree murder is very harsh.

Is being indicted the same as being charged?

“Being charged” with a crime means the prosecutor filed charges. An indictment means the grand jury filed charges against the defendant. Regardless of how the state moves forth with filing charges, the results are the same for the defendant: an arrest and formal charges.

Are you in jail when indicted?

An indictment does not mean immediate jail time. It indicates there is enough evidence for a trial. Jail time only occurs if convicted.

Can a judge overrule an indictment?

A judge cannot simply “overrule” a grand jury's indictment on the facts. However, a judge can dismiss an indictment if there are legal defects, such as a violation of the defendant's constitutional rights or a failure to properly state a federal crime. These are legal arguments that must be raised in formal motions.

Is an indictment good or bad?

Indictments are a very important part of the judicial process, helping to preserve the rights of the defendant and ensuring there is sufficient evidence of wrongdoing to move forward with a charge or charges.

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.

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.

What are the 5 stages of trial?

The Trial

Opening Statements. Every trial proceeds in basically the same way. ...
Presenting the Prosecution/Plaintiff's Evidence. Opening statements are followed by the case-in-chief. ...
Presenting the Defense's Evidence. ...
Closing Arguments. ...
The Jury's Verdict.

What follows the indictment?

Trial Preparation: Following an indictment, the case proceeds towards trial, with both sides preparing their arguments.

How long after an 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 is the 72 hour rule in jail?

Release from Jail After an Arrest in California

Note that, generally, the prosecution will only have 48 hours to hold you in jail before they must file charges or release you. However, if you are arrested on the weekend, the prosecution has up to 72 hours to file charges.

Can a case be dropped after indictment?

Only a judge can dismiss a federal court case. A judge could choose to dismiss a federal indictment if they determine there is insufficient evidence or if the US Attorney committed prosecutorial misconduct. When a federal judge dismisses an indictment, the decision is final and the charges cannot be refiled.

Is an indictment permanent?

An indictment does not expire. There is a statute of limitations for every offense, That is the time in which the State has to file a case. It is a minimum of three years on a felony.

Can you plead guilty before being indicted?

Yes, it is possible to resolve pending criminal charges with a guilty plea on something called an "Information" prior to an indictment.

What state is #1 in crime?

The 10 most dangerous states in the U.S. in 2024, measured by violent crime per 100,000 residents, are Alaska (724.1), New Mexico (717.1), Tennessee (592.3), Arkansas (579.4), Louisiana (519.8), California (486.0), Colorado (476.3), Missouri (462.0), Kansas (438.7), and South Carolina (436.7).

Which lawyer wins most cases?

Short answer! While no lawyer wins every single case forever, a few have built reputations for near-perfect records. Historical examples include Gerald Shargel, Joe Jamail, and Clarence Darrow, attorneys known for winning most of their trials through skill, preparation, and persuasion.

What's the worst charge you can get?

The most severe criminal charge that anybody may face is first-degree murder. Although all murder charges are serious, first-degree murder carries the worst punishments. This is because it entails premeditation, which means the defendant is accused of pre-planning their victim's death.