Federal Criminal Defense
Federal Indictments
An indictment is the formal charging document returned by a federal grand jury. It marks the start of the public case against you - and the start of the defense's work to test every count, every element, and every piece of evidence behind it.
What an indictment is - and is not
An indictment reflects a grand jury's finding of probable cause; it is an accusation, not proof of guilt. The government still must prove every element of every charge beyond a reasonable doubt at trial. Reading the indictment closely often reveals the prosecution's theory and its vulnerabilities.
Arraignment and first steps
At arraignment, the charges are formally presented and a plea of not guilty is typically entered. Conditions of release or detention are addressed around this time. Early on, the defense secures and reviews discovery, evaluates pretrial detention, and begins identifying motions that can shape or shrink the case.
- Review of the indictment for legal and factual defects
- Evaluation of pretrial release versus detention
- Demand for and analysis of discovery
- Identification of suppression and dismissal motions
Challenging the charges
Indictments can be attacked on multiple fronts: defects in how the grand jury was presented, multiplicity or duplicity in the counts, statute-of-limitations problems, venue, and the sufficiency of the allegations. Pretrial motion practice is where many federal cases are meaningfully narrowed.
Answers
Frequently asked questions
General information about federal indictments. It is not legal advice. Every case turns on its own facts.
Is an indictment the same as a conviction?
Can an indictment be dismissed?
What is a superseding indictment?
Facing a federal investigation or serious charges?
Speak directly with George G. Mgdesyan about your situation. Consultations are confidential, and the sooner you call, the more can often be done.