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The process towards an indictment starts with a prosecutor. The prosecutor's role is crucial, determining whether to present a case to a grand jury for potential felony charges. The prosecutor presents evidence such as witness testimony and documents to the grand jurors. Their work ensures an impartial decision by a group of citizens, upholding the constitutional requirement for certain types of crimes.
A grand jury is typically made up of 16-23 members, and at least twelve jurors must concur in issuing an indictment. Their role isn't to determine guilt or innocence but to decide if there is enough evidence to proceed with formal charges. A grand jury's primary task is to determine whether there is sufficient evidence to accuse an individual of a felony crime.
After an indictment is issued, the accused becomes the defendant in the criminal case. All defendants have the legal right to be represented by an attorney. Defendants can either hire an attorney or be represented by a public defender if they're unable to afford legal representation.
The venue plays a crucial role in the trial process. Federal cases are tried in United States District Courts, with 94 district courts spread across the nation. State practices regarding the use of grand juries may vary, as they aren't required to use grand juries for charging individuals with crimes.
When the grand jury issues an indictment, the defendant will either be arrested or voluntarily surrender to law enforcement. They are then processed and will formally hear the charges against them during the arraignment, where they enter a plea. If the defendant pleads not guilty, the case proceeds to a jury trial, where the prosecution must prove guilt beyond a reasonable doubt.
Facing a federal indictment requires hiring an experienced attorney. Options after receiving an indictment can include dismissing the indictment, pleading guilty, or proceeding to a jury trial. The attorney's role is key in guiding the defendant through processes like discovery, pretrial motions, plea bargaining, and the trial itself.
When facing federal charges, it's vital to hire a criminal defense attorney with experience in defending similar cases. When considering dismissing a federal indictment or making a guilty plea, it's important to consult with your lawyer and make the best decision grounded in a thorough review of the case facts.
The process varies from state to state. For instance, in New York City, prosecutors have six months after arraignment to secure an indictment, and the 45-day indictment rule allows for preliminary trial hearing before the case goes to a grand jury. A felony conviction in New York can have severe consequences, making it crucial to hire experienced defense attorneys.
