The indictment process in federal court is a critical step in criminal proceedings. This process is where you are formally charged with one or more criminal offenses. The federal system is much different than the state court. The State courts do not use the indictment system to bring charges. Here’s how the indictment process typically works in federal court:

Investigation:

Before an indictment can occur, federal law enforcement agencies such as the FBI, DEA, or ATF conduct investigations into alleged criminal activities. These investigations may involve gathering evidence, interviewing witnesses, and collaborating with prosecutors to build a case against the suspect(s). Unlike State court where the charges are brought by the local District attorneys in Federal Court the case is prosecuted by assistant United State Attorneys or better known a AUSAs.

Presentation to Grand Jury:

Once the investigation is complete and prosecutors believe they have sufficient evidence to support criminal charges, they present the case to a federal grand jury. The grand jury is a group of citizens convened by the court to review evidence and determine whether there is probable cause to indict the suspect(s) on criminal charges. The jury pool is just like any other jury pool in State Court. They are picked from potential citizens randomly and are summand to serve.

Grand Jury Proceedings:

Grand jury proceedings are conducted in secret, and the accused individual and their attorney are not present during the proceedings. Prosecutors present evidence, such as witness testimony, documents, and physical evidence, to the grand jury to establish probable cause that the accused committed the alleged crimes. The Grand Jury proceeding is generally done in secret. Neither your attorney our you is at the hearing. The purpose of the hearing is for the prosecutor to present the jury the evidence they have. The Grand Jury hears the evidence and returns a verdict as to probable cause. If they find sufficient probable cause the case moves forward.

Deliberation and Indictment:

After hearing the evidence presented by federal prosecutors, the grand jury deliberates in private to determine whether to return an indictment. The assistant United States Attorney argues the case to the Jury. They can provide witness testimony or other legally sufficient evidence in support of their case. At the hearing there is a Federal Magistrate present. If the grand jury finds probable cause to believe that the accused committed the alleged offenses, they will issue a formal indictment, known as a “true bill,” charging the individual with the specified crimes.

Sealed Indictment:

In some cases, especially those involving ongoing investigations or concerns about flight risk, the indictment may be sealed by the court until the accused individual is arrested or surrenders voluntarily. A sealed indictment is kept confidential until it is unsealed by the court, typically at the time of arrest. The indictment itself is a little like a district court charging document that contains the charges and information related to the crime.

Federal Criminal Defense In Wagoner

The indictment process is federal cases is complicated but we have your back. If you are charged with a Federal Crime in Oklahoma you are facing a whole different kind of case. When the feds bring a case they do it with the full scope and resources of the Federal Government. They will fast the track the case to trial and try to intimidate you into a plea deal. Although they have more resources than a State district Attorneys office they are still constrained by the constitution. This means that whatever federal crime they charge you with they must still prove every element of the crime before you can be found guilty. Get a Free Consultation with one of the federal criminal defense attorneys at Kania Law Office – Wagoner Attorneys 918-283-7394