Indictment Process

(Felony Charges Only)

Understanding the indictment process and its association with felony charges is crucial for individuals involved in the criminal justice system. It's important to recognize that not all criminal cases proceed through the grand jury indictment process, and the procedures may differ based on the severity of the charges. When the grand jury hears your case, this is not a trial. Rather, the grand jury's essential role lies in determining whether the accumulation of evidence is sufficient to warrant your prosecution. Notably, individuals who offer testimony before the grand jury enjoy a legal safeguard known as immunity, which shields them from potential prosecution based on their statements. However, if a witness willingly signs an immunity waiver, they open themselves to the possibility of prosecution grounded upon their testimony. In such instances, a witness who has executed an immunity waiver retains the prerogative to have legal representation present in the grand jury chamber, akin to the presence of an attorney for the defendant.

• Indictment: An indictment is a formal written accusation that charges an individual with a felony offense. In cases involving felony charges, the prosecution typically presents evidence to a grand jury, a panel of citizens selected to review the case. The grand jury assesses whether there is sufficient evidence to formally charge the defendant with a crime. If they find probable cause, they issue an indictment, which serves as a formal accusation of the felony offense.

  Procedure for Obtaining an Indictment in New York Courts:

  1. Initial Investigation: The process typically begins with law enforcement conducting an investigation into a suspected crime. This may involve gathering evidence, interviewing witnesses, and collecting information.

  2. Presentation to a Grand Jury: In New York, felony cases require the presentation of evidence to a grand jury. A grand jury is a group of citizens selected to review evidence and determine whether there is enough evidence to charge someone with a crime. The prosecution presents its case, including witnesses and evidence, to the grand jury.

  3. Defendant’s Right To Testify: A defendant enjoys the absolute right to testify on his own behalf before the grand jury.

  4. Grand Jury Deliberations: The grand jury reviews the evidence and may question witnesses. They deliberate in secret, and their proceedings are not open to the public. If a majority of the grand jurors believe there is enough evidence to support the charges, they issue an indictment, formally charging the accused.

  5. Sealing of the Indictment: In some cases, the indictment may be sealed to keep it confidential until the accused is apprehended, or other legal reasons necessitate secrecy.

  6. Arrest Warrant or Summons: After obtaining an indictment, law enforcement may seek an arrest warrant for the accused or issue a summons, depending on the circumstances and seriousness of the offense.

  Procedure for Obtaining an Indictment in Federal Courts:

  1. Initial Investigation: Similar to New York state cases, federal criminal cases often begin with a law enforcement investigation. Federal agencies like the FBI, DEA, or IRS may conduct these investigations.

  2. Presentation to a Grand Jury: Federal cases involving felonies generally require the presentation of evidence to a federal grand jury consisting of 16 to 23 members. Federal grand juries function similarly to state grand juries but operate under federal rules and regulations. The prosecution presents evidence, witnesses, and arguments to the grand jury.

  3. Indictment Issuance: If the federal grand jury determines that there is sufficient evidence to charge the accused with a federal offense, they issue an indictment. This formal document outlines the charges and serves as the basis for the prosecution's case.

  4. Arrest or Summons: After the indictment is issued, federal law enforcement agencies may pursue an arrest warrant for the accused, leading to their arrest. In some cases, a summons may be issued instead of an arrest warrant if the accused is not considered a flight risk or a danger to the community.

  Once an indictment is obtained, the accused is formally charged with a crime, and the criminal trial process begins, including arraignment, discovery, pre-trial motions, and ultimately, a trial if no plea agreement is reached.

• Felony Charges: It's important to note that the indictment process applies exclusively to felony charges. Misdemeanor charges generally do not require an indictment and may proceed through a different process, such as a simplified information or a criminal complaint filed directly by the prosecutor.

Initial Appearance (Continued)

• Arraignment: Following the indictment process for felony charges, the defendant is brought before a judge for an arraignment. During this stage, the accused is formally informed of the charges contained in the indictment and advised of their rights. Bail may be set during this process.

Note: While only felony charges require an indictment, both felony and misdemeanor cases follow similar initial arrest and arraignment procedures. The specific details may vary depending on the jurisdiction and type of offense.

For legal guidance or assistance with any stage of a criminal case, please feel free to contact us for a confidential consultation. Our experienced legal team is here to provide you with the information and support you need to navigate the complexities of the criminal justice system effectively.