What Will Transpire If You Have Been Indicted of a Crime?

Interviewer: What does it mean to be indicted? I’m sure that’s a scary word for some people so let’s give them a great definition or what that means to them.

A Grand Jury Hands Down an Indictment after the Prosecutor Presents the Evidence and Establishes Prima Facie, Probable Cause

Michael: Indicted means a grand jury has been assembled; made up of usually 23 citizens. It means they met in private. The prosecutor presents the evidence the prosecutor felt was necessary to establish, the correct word to use is prima facie case to establish probable cause that the individual committed certain crimes and a grand jury then takes a vote.

If You Are Indicted, You Have to Appear before a Judge to Plead Guilty or Not Guilty

If a majority finds that there is probable cause to believe that a crime was committed by this individual, they return an indictment. Once an indictment is returned you’re called before a judge to answer that indictment to plead guilty or not guilty. If your plea is not guilty, the procedures are now in effect towards a trial, ultimately.

In Some Cases, You May Have Advance Notice in Order to Present Evidence on Your Behalf to the Grand Jury

You can be indicted one of two ways. You can be arrested for a felony and as the case proceeds it is then be presented to a grand jury. Usually then you have notice that the case is presented to a grand jury and you have the right to present evidence on your behalf. That’s one way to be indicted.

If the Grand Jury Meets Without Your Knowledge, They May Return a Sealed Indictment, Which Will Be Unsealed and a Warrant Will Be Issued for Your Arrest

The other way you can be indicted is without any arrest. The grand jury just convened in secret and all of a sudden returns what’s called a sealed indictment. Often you read in the newspapers that a sealed indictment was returned.

It means the individual didn’t know that they were under investigation, didn’t know the case was presented to a grand jury and once the grand jury returns the sealed indictment, it’s unsealed and an arrest warrant is issued and an individual is arrested.

My practice focuses exclusively on DWI, TRAFFIC and CRIMINAL matters. As a sole practitioner, he provides his client’s accessibility and a degree of personal attention that large firms cannot. For other attorneys such cases are a small portion of their practice.