An indictment is a pivotal moment in any legal battle, signifying a formal accusation of wrongdoing and the initiation of court proceedings. It carries significant implications, potentially impacting your freedom, reputation, and future. At SKT Law, we recognize the gravity of an indictment and stand ready to provide expert guidance and tenacious advocacy to protect your rights and navigate the complexities of the legal system.
SKT Law is a leading criminal defense law firm in Orange County, California. We have extensive experience representing clients who have been indicted on federal and state charges. We understand the stress and anxiety that an indictment can cause. We will work tirelessly to protect your rights and achieve the best possible outcome in your case.
An indictment is a formal accusation that a person has committed a crime. It is issued by a grand jury, which is a group of citizens who hear evidence presented by the prosecutor. If the grand jury finds probable cause to believe that a crime has been committed, it will return an indictment.
An indictment is not a conviction. It is simply a formal charge. The person indicted is still presumed innocent until proven guilty in a court of law. However, an indictment is a serious matter. It means that the government has enough evidence to bring charges against you. If you have been indicted, it is important to speak to an experienced criminal defense attorney as soon as possible.
“Facing an indictment can be a daunting and disorienting experience,” says Eliot Krieger, co-founding partner of SKT Law and a former Department of Justice prosecutor. “The sudden shift from a presumed innocent individual to the subject of a formal accusation can leave one feeling vulnerable and uncertain. However, it is crucial to remember that an indictment is merely an allegation, not a verdict. It is the starting point of the legal process, where the prosecution bears the burden of proving guilt beyond a reasonable doubt. With skilled legal representation, the accused can navigate this complex terrain, fight the charges, and seek to preserve their reputation and freedom.”
What Happens After an Indictment?
If you have been indicted, you will be arraigned in court. At your arraignment, you will be formally charged with the crime(s) in the indictment. You will also be asked to enter a plea. You can plead guilty, not guilty, or no contest. If you plead not guilty, your case will be set for trial.
What to Do if You Are Indicted
If you have been indicted, it is important to stay calm and seek experienced legal counsel. The attorneys at SKT Law can help you understand the charges against you and the legal process. We can also help you build a strong defense and protect your rights.
The Difference Between an Indictment and a Complaint
In the federal system, most criminal charges require an indictment. In the state system, the prosecutor can bring charges by indictment or complaint. A complaint is a formal charge filed by the prosecutor. It does not require a grand jury’s determination of probable cause.
The main difference between an indictment and a complaint is that an indictment is reviewed by a grand jury. This means that there is an extra layer of protection for the accused. The grand jury must find probable cause to believe that a crime has been committed before it will return an indictment.
The Grand Jury Process
The grand jury process is secret. The accused does not have the right to be present at the grand jury proceedings. The accused also does not have the right to present evidence or cross-examine witnesses.
The prosecutor will present evidence to the grand jury. This evidence may include testimony from witnesses, documents, and physical evidence. The grand jury will then decide whether there is probable cause to believe that a crime has been committed.
If the grand jury finds probable cause, it will return an indictment. The indictment will list the charges against the accused.
“The grand jury process can seem mysterious and intimidating,” adds Krieger. “Its secretive nature and the absence of the accused can create a sense of powerlessness. However, understanding the role of the grand jury is key. It serves as a check on prosecutorial overreach, ensuring that there is sufficient evidence to justify formal charges. While the defense may not participate directly in the grand jury proceedings, experienced legal counsel can still play a crucial role. They can advise clients on potential strategies, anticipate the prosecution’s arguments, and prepare for the subsequent stages of the legal process.”
What Happens at Trial?
If you plead not guilty to the charges in the indictment, your case will be set for trial. At trial, the prosecutor will present evidence to try to prove your guilt beyond a reasonable doubt. You will have the opportunity to present evidence to try to prove your innocence.
The jury will decide whether you are guilty or not guilty. If you are found guilty, the judge will sentence you.
Possible Sentences
The sentence you receive will depend on the crime you are convicted of. Possible sentences include probation, fines, jail time, and prison time.
How SKT Law Can Help
If you have been indicted, it is important to speak to an experienced criminal defense attorney as soon as possible. SKT Law has extensive experience representing clients who have been indicted on federal and state charges. We understand the stress and anxiety that an indictment can cause. We will work tirelessly to protect your rights and achieve the best possible outcome in your case.
“We have a proven track record of success in defending clients against federal and state charges,” says Krieger. “We have helped many clients get their charges dropped or reduced. We have also helped many clients avoid jail time.”
Being indicted on criminal charges can be a frightening experience. But it is important to remember that an indictment is not a conviction. You are still presumed innocent until proven guilty. With the help of an experienced attorney, you can fight the charges against you and achieve the best possible outcome in your case.
SKT Law is a leading criminal defense law firm in Orange County, California. We have extensive experience representing clients who have been indicted on federal and state charges. We understand the stress and anxiety that an indictment can cause. We will work tirelessly to protect your rights and achieve the best possible outcome in your case.
“Navigating the legal system, especially when facing an indictment, can be incredibly complex,” says Krieger. “The law is filled with nuances, procedures, and potential pitfalls. That’s why having experienced legal counsel is so essential. A skilled attorney can guide you through the process, explain your rights, and fight for your best interests. At SKT Law, we are committed to providing our clients with the knowledge, resources, and unwavering support they need to face their legal challenges head-on and seek the best possible resolution.”
Contact us today if you’ve been indicted and are seeking legal protection for unique challenges.
SKT Law is based in Orange County, CA, and serves clients across the United States and internationally.